As used in this sub-chapter and in Title 75, chapter 7, part 1, MCA, the following definitions apply:
(1) "Act" means the Natural
Streambed and Land Preservation Act.
(2) "Bed" means the channel occupied by a stream.
(3) "Channel" means the area of a stream measured from mean high
water mark to mean high water mark.
(4) "Emergency" means an unforseen event or combination of
circumstances that call for immediate action to safeguard life, including human
or animal, or property, including growing crops, without giving time for the
deliberate exercise of judgment or discretion under the act.
(5) "Immediate banks" means the
area above the mean high water mark and directly adjacent to a stream which
when disturbed will physically alter or modify the state of a stream in
contravention of 75-7-102, MCA.
(6) "Mean high water mark" means
the line that water impresses on the land for sufficient periods to cause
physical characteristics that distinguish the area below the line from above
it. Characteristics of the area below the line include, when appropriate,
deprivation of the soil of substantially all terrestrial vegetation and
destruction of its agricultural value.
perennial flowing stream" means a stream which in the absence of
diversion, impoundment, appropriation, or extreme drought flows continuously at
all seasons of the year and during dry as well as wet years.
(8) "Plan of operation"
means an annual plan for a project of recurring nature that, if approved by the
supervisors, authorizes a specific activity for a period not to exceed 10
History: 75-7-117, MCA; IMP, 75-7-111, 75-7-112, and 75-7-117, MCA; NEW, Eff. 8/4/75; AMD, 1997 MAR p. 48, Eff. 1/17/97.