Table Of Content346.0469162
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.
