1. (1) The department before recommending to the governor that an area be closed because of fire danger will evaluate each request upon its own merits, but will not make such a recommendation until it has determined that:

   1. (a) the county has met the measures specified in ARM 36.10.202;
   2. (b) extreme burning conditions exist that exceed the normal seasonal conditions and endanger life and property and that these conditions are predicted to continue;
   3. (c) the county has taken actions on fires that have previously occurred, but the county appears unable to cope with additional fires;
   4. (d) the county will enforce the closure, if granted, to ensure its effectiveness.

Authorizing statute(s): 87-3-106, MCA

Implementing statute(s): 87-3-106, MCA

History: NEW, Eff. 8/4/75; TRANS, from Dept. of Nat. Res. , Ch. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958, Eff. 7/1/95.