Table Of Content

346.0469162 N7mgs . DOCUMENTS C.LL[ 2002 ., >the Streamside Management Zone Law and Rules Revised August 2002 MONTANASTATELIBRARY 3 0864 1001 6805 6 Contents lYlontana is a state blessed with Introduction 1 an abundance of natural resources. Definitions 2 Its forest lands supply tlie state Stream Classification v^ with beauty and act as a collector, filter, and distributor ofclean water SMZ Widths 4 on which plants, animals, and Broadcast (Slash) Burning 8 humans depend. Operation of Equipment 9 Astreamside management zone, Clearcutting and Retention or "SMZ," is a buffer strip that serves as a natural filterwhich Trees in the SMZ 12 helps to keep sediment out of Road Construction 16 the stream. Hazardous or Toxic Materials 18 Improper timber harvesting in the Side-Casting of Road Material 18 SMZ can cause erosion and water quality problems. Depositing Slash 19 With this in mind, the 1991 Alternatixe Practices 19 Montana Legislature passed the \'oluntary Wildlife Guidelines 20 Streamside Management Zone Law. The law also mandated the SMZ Field Guide 21 dexelopment ofadministrative SMZ Rules 23 rules, which became effective March 15, 1993.* Symbols used in this booklet < means less than < means less than or equal to > means greater than > means greater than or equal to * This bookletaddresses onlythe Montana SMZ lawand rules. Otherfederal, state, or local laws mayapplytoyouroperation. v^<yhiM^ Guide to the Streamside Management Zone Law and Rules Itistheresponsibilityofthelandowner tocomplywith the SMZlawunless thatresponsibilityhasbeentransferred through awrittencontract. Introduction liiiplcniciitation of the Streamside The law prohibits seven forest Management Zone (SMZ) law and rules practices in SMZs. protects and maintains the functions 1. Broadcast burning ofa SMZ. The six functions ofa SMZ, as identified in the SMZ law (77-5- 2. The operation ofwheeled or 30111] MCA), are: tracked vehicles except on established roads 1. Acts as an effective sediment filter to maintain water quality 3. The forest practice ofclearcutting 2. Provides shade to regulate stream 4. The construction ofroads except temperature when necessary to cross a stream or wetland 3. Supports diverse and productive acjuatic and terrestrial riparian 5. The handling, storage, application, habitats or disposal ofhazardous or toxic materials in a manner that pollutes 4. Protects the stream channel streams, lakes, or wetlands, or that and banks may cause damage or injury to 5. Provides large, woody debris that humans, land, animals, or plants is eventually recruited into a stream 6. The side-casting of road material to maintain riffles, pools, and other into a stream, lake, wetland, or elements ofchannel structure watercourse 6. Promotes tloodplain stability 7. The deposit ofslash in streams, lakes, or other water bodies NOTE:The SMZ lawdoes notapplyto cuttingwood forpersonal use orto other land managementactivitiesthatdo not qualifyastimbersales. RULE1: (36.11.311AND36.11.312) DEFINITIONS Definitions For the full text ofSMZ rules and into this categor\'. "Waterbodies used definitions, see pages 23-32. Unless solely for treating, transporting, or surrounded by quotes, these definitions impoundingpollutants shall not be OBW are paraphrased. consideredsurface water." are treated as Class 3 Streams. Bench: An area where a steep slope greater than 35%levels offto a gentle Ordinary high water mark (OHWM): slope of 15%orless fora width of30 feet The location on a stream bank, ormore. lakeshore, or OBW where the water level normally reaches during peak flow. Diameter at breast height (DBH): The length ofa cord tlirough the centerofa Salvage: The harvest oftrees that tree trunk measured at a point 4 1/2 feet have been killed, damaged, orare in offtheground on the uphill side ofthe imminent dangerofbeingkilled or tree. damaged by injurious agents other than competition between trees. Established road: An existingroad that a highway \ehiele can safely operate on Streamside management zone (SMZ): without doingany work except: A zone of\ariable width alongeach side ofthe stream, lake, orotherbody • clearingvegetation ofwater. • removingany access barriers SMZ slope: A distance measured from • replacingany stream crossingor OHWl^I to a point 50 feet away and drainage structures that were removed perpendicular to the stream. to restrict access Stream: "A natural watercourse of • gradingthe road surface perceptible extent that has agenerally sandy or rocky bottom or definite banks Hazardous ortoxic materials: and that confines and conducts Substances that by their nature are continuously orintermittently flowing dangerous to handle ordispose of; a water." DNRC interprets "perceptible potential environmentalcontaminant, extent" to mean that at least 50% (50 includingpetroleum products, feet or more) ofa 100-foot segment pesticides, herbicides, chemicals, and meets the definition ofa stream. It does biological wastes. not have to be continuous. Lake: "... a body ofwaterwhere the Timber sale: "Aseries offorest surface water is retained by either practices designed to access, harsest, natural or artificial means, where the or regenerate trees on adefined land natural flowofwater is substantially area forcommercial purposes." impeded, and which supports fish." Toe offill: The downhill edge ofthe Other bodies ofwater (OBW): road fill. Irrigation and drainage systems, includingcanals, that discharge directly Wetlands: Areas that remain wet long into a stream, lake, orothersurface enough to support a prevalence ofplants water. Ponds and reservoirs >1/10 ofan that need saturated soil conditions. acre thatdo not support fish also fall Wetlands include marshes, swamps, bogs, and similarareas. RULE1: (36.11.311 AND36.11.312) STREAMCLASSIHCATION Stream Classification The SMZ law and rules apply only to Class 3 stream segments drainages that meet the definition of They contain no flsh, rarely contribute a stream, lake, or (^BW. surface flow to other streams or OBW, Streams are classified in segments. and normally do not ha\e surface flow six months ofthe yearor more. Class 3 \'ariahle conditions can cause a stream streams segments are typically not to he made up ofany comhination of connected to otherstreams. stream segment classes. NOTE: if you are uncertain as to the Class 1 stream segments classification ofyour stream, There are two ways to determine a Class please call your local service forester for assistance. 1 stream; 1. The stream supports fish, or 2. The stream normally flows duringsix months ofthe yearor more and contributes surface flow to another stream, lake, or OBW. NOTE: A Class 1 stream under this definition may be dr>' up to six months ofthe year. Class 2 stream segments By definition, they are streams that do not qualify as Class 1 oras Class 3. Two examples ofClass 2 streams are: 1. Stream segments that do not support fish, and normally do not haxe surface flowsix months ofthe yearormore, but do contribute surface flow to another stream, lake, or OBW. 2. Stream segments that do not support flsh, and normally do luue surface flow six months ofthe year or more, but do not contribute surface flow to another stream, lake, or OBW. NOTE: Usethe SMZ Field Guideon pages 21-22 to helpidentifystream segmentclasses. RULE2: (36.11.302) SMZWIDTHS SMZ Widths BASIC SMZ WIDTHS SMZ widths are directly SMZ Widths for Different Slopes dependent on SMZ-slope Class 1 and 2 streams and stream class. Class 1 and 2 streams MarktheSMZ and lakes: boundaryat 100' onslopesgreater • On SMZ slopes less than35% MarktheSMZ boundaryat50' than orequal to 35%, the onslopes35% SMZ boundary is 50 feet orless (slope distance*) from OH\VM. • On SMZ slopes greater than 35%, the SMZ boundary is 100 feet (slope distance) from OHWM. Class 3 streams and OBW: • The SMZ boundary is 50 feet regardless ofthe SMZ slope. OHWM * Slopedistancemeansthe length ofa line betweentwo pointsonthe land surface. RULE2: (36.11.302) SMZWIDTHS SMZ Widths, continued SMZ WIDTHS FOR ADJACENT WETLANDS Where the normal SMZ SMZ Widths for Wetlands boundary (either 50 feet Class 1, 2, and 3 streams and lakes or 100 feet) intercepts a wetland, extend the SMZ Isolatedwetlands arevoluntary boundary to include the keep-outzones wetland. A 50-foot buffer strip around the wetland is not required. HWM RULE2: (36.11.302) SMZWIDTHS SMZWidths, continued EXCEPTIONS TO BASIC SMZ WIDTHS There are two exceptions to the 100-foot SMZs. 1. Road exception SMZ Widths for to 100-foot SMZs Established Roads • Wlien an established Class 1 and 2 streams, road exists between 50 SMZ slopes greater than 35% and 100 feet from OHWM, the SMZ Road boundary shifts to follow the toe ofthe fill. • Otherwise, the SMZ boundary remains at 100 feet from OHWM. SMZ follows toeof roadfill whenat least50' fromthe OHWM OHWM RULE 2: (36.11.302) SMZWIDTHS 2. Bench exception SMZ Widths for Benches to 100-foot SMZs Class 1 and 2 streams, SMZ slopes greater than 35% • If the iiround slope within tlic lOO-foot SMZ decreases to 15% or less tor a width of 30 feet or more to SMZattoeofbench form a bench, then the SMZ boundary is the edge of the bench nearest the stream wbehnecnhtihsebeedtgweeeofnt5h0e wBiednechorism3o0r'e wBiednechorism3o0r'e OHWM and 100 feet. • If the bench begins 100' SMZ 100'SMZ within 50 feet of OHW^I and 30 feet or more of the bench extends beyond the first 50 feet, then the Benchisnot SMZ boundary is 30'wide Benchisnot 50 feet. OHWM 30'wide • In no case is the SMZ boundary ever closer than 50 feet. Benchdoesnot extendatleast OHWM Benchextendsat 30'beyondthe least30'beyond SO'mark the50'mark RULE2: (36.11.302) RULE3: (36.11.303) SMZWIDTHS BROADCAST(SLASH) BURNING SMZWidths, continued Broadcast SMZ BOUNDARY MARKING (Slash) Burning Broadcast burning is prohibited in the SMZ. SMZ boundaries must be clearly Some common alternatix'es to marked on Class 1 and Class 2 stream broadcast burning are to: segments when forest practices that • Remove the slash are prohibited within the SMZ will be conducted next to the SMZ. • Lop and scatter the slash An example would be tractor skidding • Hand pile and burn the slash piles that is taking place in a cuttingunit in the SMZ in accordance with the with a SMZ. Mark the boundary' to Montana Hazard Reduction Law prevent equipment from entering the SMZ. "Clearly marked" means marked with paint, ribbon, or similar means so that an equipment operator can easily see from one mark to the next. e\en under winter conditions. This requirement is intended to prevent accidental \iolations. DXRC recommends that SMZ boundaries on Class 3 stream segments be marked. NOTE: Usethe SMZ Field Guide on pages21-22 NOTE: This rule does notapplytowildfire to helpdeterminethe SMZboundary. orburnswhereforestproducts are notbeing harvested.