Laws and Permits

Montana only has two laws that directly influence forestry practices:  

1) The Fire Hazard Reduction Law (HRA) that states that all woody debris generated by harvesting and thinning operations must be treated to the extent that under the conditions of a “standard bad fire day” a wildfire will not produce flames higher than 4 ft.

2) The Streamside Management Zone (SMZ) Law that provides specific standards for the type and extent of tree removal that may occur within and adjacent to a wetland and/or stream with surface flowing water (class I, II and III streams).  Although not written into statute, stream and water quality protection is also offered through the voluntary Best Management Practices guidelines that all professional foresters and contractors adhere to as a matter of pride and ethics.

Indirectly there are other regulations and guidelines landowners should be aware of and that might impact their management activities such as the Endangered Species Act, Antiquities Act, stream and floodplain development, Clean Air Act, county noxious weed regulations, and laws governing contract worker requirements.  Landowners have the responsibility to become knowledgeable regarding the laws which regulate activities they may take on their property and act in accordance with those laws.  Many laws and permits which apply to less common activities are not listed below.  The intent of this information is to help forest landowners anticipate which laws and permits need to be considered regarding a planned action on their property.

Fire Hazard Reduction Fact Sheet

Montana Guide to the Streamside Management Zone Law and Rules 2006

 

Update 10/15/2025