1. (1) After cleanup, the department will make a reasonable effort to find items such as those listed below and give them to local police:

   1. (a) ID cards and legal and medical papers;
   2. (b) prescription medicine and medical devices;
   3. (c) weapons;
   4. (d) stolen or illegal items.

2. (2) After cleanup, the department will make a reasonable effort to keep some types of items safe at a local storage yard for 30 days before throwing them away, such as:

   1. (a) useful items, like tents, blankets, clothes, or working tools;
   2. (b) items that appear to have personal value, such as photographs, letters, or cards.

3. (3) After cleanup, items that the department may throw away include:

   1. (a) unsafe items, including those with human or animal waste, pests or mold, explosives, or drug paraphernalia;
   2. (b) items likely to become unsafe while in storage, such as food or things that may mold;
   3. (c) items that are hard to remove or store, due to large size or weight; or
   4. (d) garbage or trash.
4. (4) While storing items, the department shall provide reasonable protection from theft and the weather.
5. (5) Neither the department nor law enforcement is responsible for lost or stolen items during this process unless the loss is a result of their failure to follow these rules.

Authorizing statute(s): 60-6-204, MCA

Implementing statute(s): 60-6-202, 60-6-203, MCA

History: NEW, 2025 MAR, Notice No. 2025-172, Eff. 12/20/25.