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36.11.454    TIMBER CONSERVATION LICENSE CONDITIONS AND RESTRICTIONS

(1) The department or its agents shall make periodic inspections of the timber conservation license area during the term of the license.

(2) The holder of the timber conservation license is required to inform the department of any problem occurring on the area covered by the timber conservation license including but not limited to:

(a) biological infestations;

(b) wind throw; and

(c) fire or other damage.

(3) The timber conservation license shall not impinge upon the proposed timber sale or access to other areas of the timber sale or any future or existing timber sale on this, adjoining properties, or other state trust lands. The department shall look at other reasonable future access alternatives during MEPA analysis and attempt to minimize the potential future impact of department activities on the timber conservation license.

(4) A timber conservation license does not allow any removal or blocking of existing roads or access corridors without the written approval of the department.  A timber conservation license does not prohibit the department from adding or improving roads for resource management purposes or eliminating existing roads within the license area.

(5) The timber conservation license holder shall not act in any way that will diminish the monetary value of the timber not harvested pursuant to the terms of the timber conservation license to the trust beneficiaries or any future revenue generation potential of the land covered by the license.

(6) The timber conservation license holder shall not cut trees, live or dead, standing or down, unless prior approval is granted by the department.

(7) The timber conservation license is for conservation purposes only and does not allow any other exclusive or nonexclusive development or use of the license area.

(8) The timber conservation license does not preclude other lawful licensed or permitted uses of Montana's forested trust lands by the state of Montana.

History: 77-5-201, MCA; IMP, 77-5-208, MCA; NEW, 2003 MAR p. 2874, Eff. 12/25/03.

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