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Land Board OKs rulemaking to remove 20-year sunset on property-management rules after AG asks about history
Summary
The Land Board approved DNRC’s request to begin rulemaking to amend ARM rules and remove an expiration date; Attorney General asked why a 20-year sunset existed and Sean Thomas (DNRC) explained the original sunset was tied to public concerns during a programmatic EIS two decades ago.
The Land Board voted unanimously to begin rulemaking on item 0924-5, a DNRC request to amend ARM 36.25.0.90130 and ARM 36.25.0.9033 to remove an expiration date and clarify the definition of residential use.
DNRC staff said the subchapter was created with guidance from a 2005 programmatic environmental impact statement and that the existing rules are set to expire on July 18, 2025; the department proposed removing the sunset to provide consistent guidance for real-estate management projects and to align residential-use definitions with statute. DNRC said there will be a 30-day comment period and a public hearing on Nov. 7, 2024, followed by a return to the board for final adoption in 2025.
During discussion, Attorney General (S4) asked why a 20-year sunset had been included originally. Sean Thomas (S6), division administrator for Forestry and Trust Lands, explained that around 20 years ago the department was expanding commercial development activity and, amid public concern, a sunset was included in the programmatic EIS as a planning threshold.
"I think the short answer to your question is the department was sort of moving into commercial development in a larger way than historically we had about 20 years ago ... the public was demanding that we had a plan and some thresholds," said Sean Thomas, who identified himself and his role for the record.
The motion to begin rulemaking was moved by Committee member (S2), seconded, and approved by the board. No public comments on this item were recorded at the meeting.
Next steps: DNRC will publish notice, accept public comments for 30 days and hold a public hearing on Nov. 7, 2024; the department will return to the board for a final rule-adoption vote in 2025.
