1. (1) The department has discretion over whether to issue a special recreation permit. Permitting decisions are based on the following factors to the extent that they are relevant:

   1. (a) conformance with laws, rules, recreation management plans, and land use plans;
   2. (b) public safety;
   3. (c) conflicts with other users in regard to timing, location, site capacity, and other similar considerations;
   4. (d) resource protection;
   5. (e) the public interest served;
   6. (f) whether in the past the applicant complied with the terms of his/her permit or other authorization from the department and other agencies;
   7. (g) conformance with maximum group size requirements identified in the department's environmental assessment decision notice and the department's parks division biennial fee rule; and
   8. (h) such other information that the department finds appropriate.

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA

Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA

History: NEW, 2005 MAR p. 430, Eff. 4/1/05.