Rule 36.25.910 - NOTIFICATION OF CONSERVATION INTEREST(1) After providing notice of new real estate projects pursuant to ARM 36.25.909, the department shall allow conservation entities 60 days in which to propose a conservation use of those lands by issuing a letter of intent to the department. By such a letter of intent, an entity may seek to secure for conservation uses any tract or portion of a tract proposed by the project identification team for a residential, industrial, or commercial use.(2) A conservation entity submitting a letter of conservation intent during the 60 days has an additional 45 days in which to apply to the department for a lease, license, easement, or other approved legal instrument to secure conservation use, as approved by the department. The 45 days begin on the day following the last day of the 60-day period. An entity applying within the 45-day period has 12 months to secure conservation use. The department may extend the 12 month period. (a) Issuance of a conservation lease, license, or easement shall be made pursuant to Article X, section 11 of the Montana Constitution. The department reserves the right to approve or deny a proposal for a conservation use.(b) The department may require bonding, letter of credit, or nonrefundable deposit as part of the application for a conservation use.(3) Any real estate project on the project management list may proceed forward if: (a) the department receives no letter of intent within the 60-day period;(b) a conservation entity submits a letter of intent within the 60 days but fails to apply to the department within the subsequent 45 days; or(c) a conservation entity submits a letter of intent and application within the applicable periods but fails to secure conservation use on the subject property within 12 months, unless the department has granted an extension.Mont. Admin. r. 36.25.910
NEW, 2008 MAR p. 2645, Eff. 12/25/08.77-1-209, 77-1-301, MCA; IMP, 77-1-605, 77-1-903, MCA;