(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:

(a) conformance with laws, rules, recreation management plans, and land use plans;

(b) public safety;

(c) conflicts with other users in regard to timing, location, site capacity, and other similar considerations;

(d) resource protection;

(e) the public interest served;

(f) whether in the past the applicant complied with the terms of his/her permit or other authorization from the department and other agencies;

(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

(h) such other information that the department finds appropriate.

History: 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA; IMP, 23-1-106, 87-1-301, 87-1-303, MCA; NEW, 2005 MAR p. 430, Eff. 4/1/05.