36.10.203    DEPARTMENT ANALYSIS OF REQUEST

(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:

(a) the county has met the measures specified in ARM 36.10.202;

(b) extreme burning conditions exist that exceed the normal seasonal conditions and endanger life and property and that these conditions are predicted to continue;

(c) the county has taken actions on fires that have previously occurred, but the county appears unable to cope with additional fires;

(d) the county will enforce the closure, if granted, to ensure its effectiveness.

History: 87-3-106, MCA; IMP, 87-3-106, MCA; 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.