1. (1) For this SMA:

   1. (a) A partial cut occurring on a slope greater than 40% may be treated as an SMA when there is advanced regeneration or a manageable overstory that the owner wishes to save. The area must meet the following requirements:

      1. (i) The entire SMA must be lopped such that 90% of all slash, three inches or less in diameter, is reduced to a height of 24 inches or less above the ground.

      2. (ii) The boundaries of the SMA must be treated as follows:

         1. (A) The top of the unit must have a 100-foot wide fuel break which may include the road prism from the top of the cut bank to the bottom of the fill slope.
         2. (B) The sides of the unit must be treated so as to meet the general standard for a minimum width of 33 feet.
      3. (iii) The bottom boundary of the unit must be treated to the same standards as required for the sides, if the bottom boundary of an SMA coincides with a change in land ownership.
      4. (iv) All required boundary treatments must be completed entirely on the ownership of the person or entity doing the harvesting, unless otherwise approved by the department.

Authorizing statute(s): 76-13-403, MCA

Implementing statute(s): 76-13-403, 76-13-406, 76-13-407, 76-13-408 and 76-13-410, MCA

History: NEW, 2000 MAR p. 2526, Eff. 9/22/00.