Rule 5: (26.6.605) Retention of Trees in the SMZ - Clearcutting

(1) The forest practice of clearcutting is prohibited in the SMZ unless approved by the department under a site-specific alternative practice.

(2) Further, in order to provide large woody debris, stream shading, water filtering effects, and to protect stream channels and banks, merchantable and submerchantable trees must be retain- ed in the first 50 feet of the SMZ beyond the ordinary high water mark and in the entire SMZ where the SMZ is extended for wetlands under ARM 26.6.602(2)(a), on each side of streams, and along lakes and other bodies of water as follows:
(a) On each side of class 1 stream segments and lakes retain 50% of the trees greater than or equal to 8 inches dbh, or 10 trees greater than or equal to 8 inches dbh in each 100 lineal feet of the SMZ, whichever is greater.
(i) If less than 10 trees greater than or equal to 8 inches dbh are present in any 100 lineal foot segment of the SMZ, then a minimum of 10 trees of the largest diameter available must be retained in that segment.
(ii) Trees retained must be representative of the species and size of trees in the pre-harvest stand.
(iii) Shrubs and submerchantable trees must be protected and retained in the entire SMZ to the fullest extent possible when conducting forest practices in the SMZ.
(b) On each side of class 2 stream segments retain 50% of the trees greater than or equal to 8 inches dbh, or 5 trees greater than or equal to 8 inches dbh in each 100 lineal feet of the SMZ, whichever is greater.
(i) If less than 5 trees greater than or equal to 8 inches dbh are present in any 100 lineal foot segment of the SMZ, then a minimum of 5 trees of the largest diameter available must be retained in that segment.
(ii) Trees retained must be representative of the species and size of trees in the pre-harvest stand.
(iii) Shrubs and submerchantable trees must be protected and retained in the entire SMZ to the fullest extent possible when conducting forest practices in the SMZ.
(c) On each side of class 3 stream segments and other bodies of water, shrubs and submerchantable trees must be protected and retained in entire SMZ to the fullest extent possible when conducting forest practices in the SMZ.

(3) Hardwood trees and snags meeting diameter standards of (2) above may be counted toward retention tree requirements in the same approximate proportion as their occurrence in the stand prior to commencement of forest practices.

(4) Trees retained pursuant to this rule must be distributed within the SMZ as guided by the following criteria:
(a) favor bank-edge trees;
(b) favor trees leaning toward the stream and those that cannot be felled without falling into the stream;
(c) where the SMZ is greater than 50 feet wide and harvesting will result in the minimum stocking of trees required to be retained under section (2)(a) and (b), concentrate retained trees within 50 feet of the stream.

(5) Trees retained pursuant to this rule may be salvaged only under the following conditions:
(a) Trees to be harvested meet the definition of salvage at ARM 26.6.601(2) (p); and
(b) The minimum tree retention requirements of section (2) are met by standing live trees, or by dead or fallen trees where sufficient standing live trees are not available; and
(c) All trees that have fallen across or in the stream must be retained, unless salvage of such trees is approved as a site-specific alternative practice subject to other federal and state laws and regulations.

(6) All practices which deviate from the tree-distribution criteria provided in (2) and (4) above require approval as site-specific alternative practices.

(History: Sec. 77-5-307, MCA; m, Sec. 77-5-301, 303, MCA; NEW, 1993 MAR p. 14, Eff. 3/15/93.)

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Last Modified: 07/05/2007