1. (1) The department will change the classification of land from class three, as defined in 15-6-133, MCA, or class ten, as defined in 15-6-143, MCA, to class four, as defined in 15-6-134, MCA, when the following land use change criteria are met:

   1. (a) restrictive covenants, easements, deed restrictions, servitudes, conservation easements, or other legal encumbrances that exist and are enforced to prohibit forest or agricultural use of the land;
   2. (b) the land no longer meets the definition of forest land in 15-44-102, MCA, the forest land classification requirements in ARM 42.20.705, and subsequently does not meet the agricultural land classification requirements of 15-7-202, MCA;

   3. (c) the land contains three or more of the following physical site improvements:

      1. (i) a city or community sewer system;
      2. (ii) a city or community water system;
      3. (iii) street curbs and gutters;
      4. (iv) a paved or all-weather gravel road that meets county standards;
      5. (v) a storm sewer system;
      6. (vi) underground or aboveground utilities that may include gas, electricity, telephone, or cable television;
      7. (vii) streetlights;
      8. (viii) a fire hydrant; or
      9. (ix) landscaping developed for the aesthetic benefit or security of all the landowners;

   4. (d) the land contains a commercial or industrial structure or is used in direct support of commercial or industrial activities.

      1. (i) Examples of a commercial or industrial structure include, but are not limited to:

         1. (A) an apartment building;
         2. (B) an office building;
         3. (C) a mobile home park;
         4. (D) a warehouse;
         5. (E) a lumber mill;
         6. (F) a sugar beet processing plant;
         7. (G) a refinery;
         8. (H) a power generation facility;
         9. (I) a greenhouse where the product is sold to the public;
         10. (J) a storage tank; and
         11. (K) a cellular communication tower.

      2. (ii) Examples of land being used for commercial or industrial activity include, but are not limited to:

         1. (A) a parking lot;
         2. (B) a lumber company log yard;
         3. (C) land used as a buffer for an industrial facility from adjoining land uses;
         4. (D) land used to store sugar beets, potatoes, or other cash crops until those crops can be transported to a manufacturing facility; and
         5. (E) land that is used to store horticultural crops for sale where the roots of the crop are placed in a container or other material and that container is either placed in the ground or on a platform.
2. (2) When the criteria in (1) are met, the department will value land at 100% of market value under class four, as provided in 15-8-111, MCA.
3. (3) Examples of land use criteria change not considered for a change in land classification include utility lines that cross a property or easement access roads provided for the benefit of a third party and not for access or the benefit of the property owner.

Authorizing statute(s): 15-1-201, 15-7-111, 15-44-105, MCA

Implementing statute(s): 15-1-101, 15-6-133, 15-7-103, 15-7-111, 15-7-202, 15-7-206, 15-7-207, 15-7-210, 15-44-102, 15-44-103, MCA

History: NEW, 2002 MAR p. 3062, Eff. 11/1/02; AMD, 2014 MAR p. 2994, Eff. 12/12/14; AMD, 2015 MAR p. 2350, Eff. 1/1/16; AMD, 2020 MAR p. 1881, Eff. 10/24/20.