77-2-319. Conservation easement for certain sales. As a condition of any sale initiated pursuant to 77-2-318, the board shall, if consistent with its trust responsibility, grant to the state of Montana a conservation easement, as provided for in 76-6-203, for the leased cabin or home site or city or town lot to be sold. The conservation easement must run with the land in perpetuity and must:
     (1) prohibit subdivision of the land, lake, or stream;
     (2) for property within 100 feet of a river, stream, or lake, prohibit the cutting of trees except as necessary for construction on the lot, fire prevention, safety, or protection of personal property; and
     (3) require that any permanent structure be set back 25 feet from the high-water mark of a lake or stream.

     History: En. Sec. 4, Ch. 602, L. 1989.