76-13-102. Definitions. Unless the context requires otherwise, in part 2 and this part, the following definitions apply:
     (1) "Board" means the board of land commissioners provided for in Article X, section 4, of the Montana constitution.
     (2) "Conservation" means the protection and wise use of forest, forest range, forest water, and forest soil resources in keeping with the common welfare of the people of this state.
     (3) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
     (4) "Forest fire" means a fire burning uncontrolled on forest lands.
     (5) "Forest fire protection" means the work of prevention, detection, and suppression of forest fires and includes training required to perform those functions.
     (6) "Forest fire protection district" means a definite forest land area, the boundaries of which are fixed and in which forest fire protection is provided through the medium of an agency recognized by the department.
     (7) "Forest fire season" means the period of each year beginning May 1 and ending September 30, inclusive.
     (8) "Forest land" means land that has enough timber, standing or down, slash, or brush to constitute in the judgment of the department a fire menace to life or property. Grassland and agricultural areas are included when those areas are intermingled with or contiguous to and no further than one-half mile from areas of forest land.
     (9) (a) "Forest practices" means the harvesting of trees, road construction or reconstruction associated with harvesting and accessing trees, site preparation for regeneration of a timber stand, reforestation, and the management of logging slash.
     (b) The term does not include activities for the purpose of:
     (i) the operation of a nursery or Christmas tree farm;
     (ii) the harvest of Christmas trees;
     (iii) the harvest of firewood; or
     (iv) the cutting of trees for personal use by an owner or operator.
     (10) "Lands" for conservation purposes means all forest lands within this state that are officially classified by the department as forest lands under 76-13-107.
     (11) "Operator" means a person responsible for conducting forest practices. An operator may be the owner, the owner's agent, or a person who, through contractual agreement with the landowner, is obligated to or entitled to conduct forest practices or to carry out a timber sale.
     (12) "Owner" means the person, firm, association, or corporation having the actual, beneficial ownership of forest land or timber other than an easement, right-of-way, or mineral reservation.
     (13) "Person" means an individual, corporation, partnership, or association of any kind.
     (14) "Recognized agency" means an agency organized for the purpose of providing forest fire protection and recognized by the department as giving adequate fire protection to forest lands in accordance with rules adopted by the department.
     (15) "Timber sale" means a series of forest practices designed to access, harvest, and regenerate trees on a defined land area.

     History: En. Sec. 3, Ch. 128, L. 1939; amd. Sec. 1, Ch. 216, L. 1955; amd. Sec. 1, Ch. 93, L. 1959; amd. Sec. 1, Ch. 30, L. 1971; amd. Sec. 2, Ch. 253, L. 1974; amd. Sec. 1, Ch. 397, L. 1977; R.C.M. 1947, 28-103(part); amd. Secs. 1, 2, Ch. 529, L. 1981; amd. Sec. 2, Ch. 423, L. 1989; amd. Sec. 262, Ch. 418, L. 1995; amd. Sec. 2, Ch. 27, L. 1997.