Rule 36.25.1011 - RENEWAL OF LEASE AND PREFERENCE RIGHT(1) A current cabin site is not subject to competitive bidding upon expiration if: (a) the current lease is in good standing; and (b) the new lease will continue to meet the terms and conditions described in this subchapter. (2) The current lessee may apply to the department, to request to renew the cabin site lease if all lease fees due have been paid and there are no outstanding lease violations. An application for renewal must be on a form prescribed by the department.(3) Applications for renewal will only be accepted after December 1 of the year preceding the expiration of the lease and must be postmarked on or before January 28 of the year of expiration of the lease. Failure to submit a renewal application postmarked on or before January 28 will result in an unleased tract, and the tract will be subject to the requirements for leasing an unleased tract under ARM 36.25.1009.(4) Any renewal will be offered on the lease contract adopted by the board at the time of renewal.(5) Any renewal will: (a) be issued at the rental rate of 5 percent of the land value or $800, whichever is greater, unless otherwise determined by the board (in accordance with ARM 36.25.1014); and(b) will be subject to other lease fee terms in ARM 36.25.1003. Mont. Admin. r. 36.25.1011
NEW, 2010 MAR p. 1293, Eff. 5/28/10; AMD, 2012 MAR p. 82, Eff. 1/13/12; AMD, 2016 MAR p. 1020, Eff. 6/4/2016On April 5, 2012, the Montana First Judicial District Court issued a preliminary injunction preventing the state of Montana from implementing any of the terms of Senate Bill 409 (2011), which includes prohibiting the Land Board or DNRC from applying ARM 36.25.1011(2) and ARM 36.25.1016 through 36.25.1021 which were adopted to implement SB 409. Contact DNRC at 406-444-2074 for more information.AUTH: 77-1-202, 77-1-204, 77-1-208, 77-1-209, 77-1-235, 77-1-236, MCA; IMP: 77-1-208, 77-1-235, 77-1-236, MCA