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Montana Land Use License (3-MT-d)

Information current as of 2022
In Montana, a geothermal developer may need to obtain a land use license to be used for short-term use of state-owned lands. This license may be used for casual use of the lands before a full lease is awarded. The Montana Board of Land Commissioners has the authority direct, administer, and issue leases as best meet the duties of the board to the various trusts and the state of Montana. The board shall administer state land under the concept of multiple-use management. ARM 36.25.103.



Land Use License Process


3-MT-d.1 - Land Use License Application; fee (Form DS-401)

The land use license application is a one page description of the proposed activities and the proposed location of the activities. The developer must also provide a map showing the area intended for use. The $25 application fee is non-refundable. Land Use License Application and ARM 36.25.136.


3-MT-d.2 - Review application materials & complete on-site inspection

The Montana Department of Natural Resources & Conservation area office is responsible for reviewing the application materials. On occasion, the area office will complete an on-site inspection in order to ensure the activity is appropriate for the area. Land Use License Application and ARM 36.25.136.

3-MT-d.3 - Is the proposed use found to be in the best interest of the trust

The department is responsible for ensuring all land uses are in the best interest of the trust. Generally development that will generate income for the trust without sacrificing environmental quality will be considered within the best interest of the trust. ARM 36.25.136.

3-MT-d.4 - Land Use License

The department area office will issue the license to the applicant in writing with appropriate terms and conditions to protect the trust and environmental interests and may require a bond to ensure compliance with all terms of the license. ARM 36.25.136.


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