Montana Code 75-7-103. Definitions
75-7-103. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 75-7-103
- Applicant: means any person presenting notice of a project to the supervisors. See Montana Code 75-7-103
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Montana department of fish, wildlife, and parks. See Montana Code 75-7-103
- District: means :
(a)a conservation district under Title 76, chapter 15, in which the project will take place;
(b)a grass conservation district under Title 76, chapter 16, where a conservation district does not exist; or
(c)the board of county commissioners in a county where a district does not exist. See Montana Code 75-7-103
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any individual, corporation, firm, partnership, association, or other legal entity not covered under 87-5-502. See Montana Code 75-7-103
- Project: means a physical alteration or modification that results in a change in the state of a natural, perennial-flowing stream or river, its bed, or its immediate banks. See Montana Code 75-7-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Stream: means any natural, perennial-flowing stream or river, its bed, and its immediate banks except a stream or river that has been designated by district rule as not having significant aquatic and riparian attributes in need of protection or preservation under 75-7-102. See Montana Code 75-7-103
- Supervisors: means the board of supervisors of a conservation district, the directors of a grass conservation district, or the board of county commissioners where a proposed project is not within a district. See Montana Code 75-7-103
(1)”Applicant” means any person presenting notice of a project to the supervisors.
(2)”Department” means the Montana department of fish, wildlife, and parks.
(3)”District” means:
(a)a conservation district under Title 76, chapter 15, in which the project will take place;
(b)a grass conservation district under Title 76, chapter 16, where a conservation district does not exist; or
(c)the board of county commissioners in a county where a district does not exist.
(4)”Person” means any individual, corporation, firm, partnership, association, or other legal entity not covered under 87-5-502.
(5)(a) “Project” means a physical alteration or modification that results in a change in the state of a natural, perennial-flowing stream or river, its bed, or its immediate banks.
(b)Project does not include:
(i)an activity for which a plan of operation has been submitted to and approved by the district. Any modification to the plan must have prior approval of the district.
(ii)customary and historic maintenance and repair of existing irrigation facilities that do not significantly alter or modify the stream in contravention of 75-7-102; or
(iii)livestock grazing activities.
(6)”Stream” means any natural, perennial-flowing stream or river, its bed, and its immediate banks except a stream or river that has been designated by district rule as not having significant aquatic and riparian attributes in need of protection or preservation under 75-7-102.
(7)”Supervisors” means the board of supervisors of a conservation district, the directors of a grass conservation district, or the board of county commissioners where a proposed project is not within a district.
(8)”Team” means one representative of the supervisors, one representative of the department, and the applicant or the applicant’s representative.
(9)”Written consent of the supervisors” means a written decision of the supervisors approving a project and specifying activities authorized to be performed in completing the project.