(1) A cabinsite lease may only include a maximum of 5 acres unless special circumstances exist for which the department may grant more than 5 acres to be included in the special lease.

(2) The department shall chain or measure in feet the area to be included in a cabinsite lease. Each corner of the cabinsite shall be identified by a method to be determined by the department. A plat shall be made that will include all measurements and identified corners. The plat will include the location, width and length of the access road and other information the department deems necessary.

(3) The lessee shall be required to comply with all rules and regulations involving county planning, subdivision requirements, and other state and federal statutes and regulations. The successful bidder for a new cabinsite lease shall pay for the cost of such survey and preparation of the plat, including county planning, subdivision requirements and other state and federal statutes and regulations.

(4) The issuance of any cabinsite leases after January 16, 1987, shall require reclassification of the land as provided by ARM 36.25.109.

(5) A lessee whose bid is accepted for a cabinsite lease shall purchase the fixtures and improvements from the former lessee. The parties shall determine the value of such fixtures and improvements by agreement. If the parties are unable to reach an agreement within 60 days of acceptance of the bid, then the parties shall enter into arbitration as set forth in ARM 36.25.125. Extensions of the 60-day time limit may be granted by the department upon written application of one of the parties which sets forth good cause why such extension should be granted.

(6) A cabinsite lease grants the lessee the right of access and the right to place necessary utility facilities within the cabinsite lease area. For any such rights outside of the cabinsite area, the lessee must acquire an easement.