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(1) The department shall require payment of fees for commercial use, competitive events, and organized group activities requiring a special recreation permit that occur on, or originate or terminate on lands adjacent to the Blackfoot River that are owned or managed by the department, except as provided in (2).

(2) The department may waive special recreation permit fees on a case-by-case basis for:

(a) noncommercial use for organized group activities that are for educational purposes, accredited academic, scientific, and research institutions, therapeutic, providing a public service, or administrative uses; and

(b) commercial use, competitive events, or organized group activities conducted by individuals or entities entirely on land they own adjacent to the Blackfoot River that is managed by the department and available to the public.

(3) Fees pursuant to this rule shall be established through the department's biennial fee rule process.

(4) The department may adjust the fees as necessary to reflect changes in costs and the market and to ensure consistency with the special recreation permit fees established by the Bureau of Land Management.

(5) The department may charge a fee for recovery of costs associated with significant environmental analysis when processing a permit application.

(6) Applicants must pay the required fees before the department authorizes special recreation permit use and by the deadlines that the department shall establish in each case. The department may not process or continue processing applications until the required fees or installments are paid.

History: 23-1-105, 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.

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