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Legals for October, 19 2023

| October 19, 2023 12:00 AM

No. 29733 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider the creation of a new zoning district to be known as the Lakeside North Zoning District. The proposal is to zone a previously unzoned portion of the County near Lakeside. The boundaries of the proposed district are described as: Beginning at the northwest corner of COS 17319 in Section 35, Township 27 North, Range 21 West; thence easterly along the north boundary of Government Lot 5 to the western right of way of Highway 93; thence continuing southerly along the western right of way of Highway 93 to the north boundary of S 6, T26N, R20W; And continuing along the westerly boundary of Highway 93 to the SE corner of COS 21665-2; thence east to the NE corner of Lot 6 of Mission View Terrace as shown on Deed Exhibit 315 and the boundary of Flathead Lake; thence southerly along Flathead Lake to the north boundary of Lot 1 of Whipps Point Caroline Villa Sites; thence southwesterly along the north boundary of Lot 1 of Whipps Point Caroline Villa Sites to the east boundary of Gov’t Lot 3 (S6, T26N, R20W); thence south along the east boundary of Gov’t Lot 3 (S6, T26N, R20W) to the NE corner of Gov’t Lot 5 (S6, T26N, R20W); thence west along the north boundary of Gov’t Lot 5 to the northern right-of-way of Caroline Point Road; thence southwesterly along the northern right-of-way of Caroline Point Road to the NW corner of Gov’t Lot 5 (S6, T26N, R20W); thence north to the south right- of-way of Shady Pines Lane; thence west to the western right-of-way of Highway 93; thence southerly along the western right-of-way of Highway 93 to the north boundary of S7, T26 N, R20W; thence continuing along the western right-of-way of Highway 93 to the SE corner of Lot 5 of Montana Chautauqua; thence northwesterly along the south boundary of Montana Chautauqua to the SW corner of COS 5637; thence west to the center of Clothier Lane; thence north to the SE corner of the NENE quarter of S12, T26N, R21W; thence west to the SW corner of the NWNE quarter of S12, T26N, R21W; thence north to the NW corner of the NWNE quarter of S12, T26N, R21W; thence north along the center section line of S1, T26N, R21W to the intersection of Bear Mountain Road and Bear Canyon Road; thence westerly along the centerline of Lineman Trail to the SW corner of COS 3259; thence north to the north boundary of Gov’t Lot 3 of S1, T26N, R21W; thence easterly to the southwest corner of Section 35; thence northerly along the section line to the NW corner of COS 20050-A (S 35, T27N, R21W); thence east to the NE corner of the South Half of Government Lot 4 of Section 35, Township 27 North, Range 21 West; thence north to the point of beginning. The regulations defining the zoning use districts are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, 800 South Main, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office’s website at: https://flathead.mt.gov/department-directory/planning-zoning/zoning-information. Documents related to the proposed zoning district are also on file for public inspection at the Commissioners’ Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 26th day of October, 2023 at 10:30 a.m. in the Commissioners’ Chambers, Third Floor, Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed creation of the Lakeside North Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 5th day of September, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Brad W. Abell Brad W. Abell, Chairman October 12, 19, 2023 MNAXLP __________________________

No. 29734 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a change in the zoning designation in a portion of the Highway 93 North Zoning District from AG-40 (Agricultural) to SAG-5 (Suburban Agricultural) and B-6 (Rural Area Commercial) for a property located at 4550 Highway 93 South, Whitefish, MT 59937. The boundary of the area proposed to be amended from AG-40 (Agricultural) to SAG-5 (Suburban Agricultural) and B-6 (Rural Area Commercial) can be described as: That portion of the North Half, Northwest Quarter, Northeast Quarter of Section 36, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana and more particularly described as follows: Parent Tract: Beginning at the Quarter Corner common to Sections 25 and 36; Thence South 86⁰13’00” East 1111.31 feet along the North line of Section 36; Thence South 03⁰48’53” West 657.19 feet; Thence North 86⁰15’31” West 1112.41 feet; Thence North 03⁰54’35” East 658.01 feet, containing 16.79 acres. SAG-5: Beginning at the Quarter Corner common to Sections 25 & 36; Thence South 86⁰13’00” East 675.00 feet along the North line of Section 36; Thence South 03⁰54’35” West 657.52 feet; Thence North 86⁰15’31” West 675.00 feet; Thence North 03⁰54’35” East 658.01 feet, containing 10.19 acres. B-6: Commencing at the Quarter Corner common to Sections 25 & 36; Thence 86⁰13’00” East 675.00 feet along the North line of Section 36, to the Point of Beginning; Thence South 86⁰13’00” East 436.31 feet along the North line of Section 36; Thence South 03⁰48’53” West 657.19 feet; Thence North 86⁰15’31” West 437.40 feet; Thence North 03⁰54’35” East 657.52 feet, containing approximately 6.60 acres. The regulations defining the AG-40, SAG-5 and B-6 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, 800 South Main, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office’s website at: https://flathead.mt.gov/department- directory/planning-zoning. Documents related to the proposed zone change are also on file for public inspection at the Commissioners’ Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 26th day of October, 2023 at 10 o’clock a.m. in the Commissioners’ Chambers, Third Floor, Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the Highway 93 North Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 5th day of September, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Brad W. Abell Brad W. Abell, Chairman October 12, 19, 2023 MNAXLP _________________________

No. 29762 NOTICE   The Montana Department of Revenue, Alcoholic Beverage Control Division, announces the availability of one (1) new original Montana Retail On-Premises Consumption Beer License for the Eureka quota area as the result of the most recent population census. The available Montana Retail On-Premises Consumption Beer License for the Eureka quota area may be located within the corporate limits of Eureka or within 5 miles of Eureka’s corporate limits but not further than the boundary that separates Eureka from Rexford. A map of the Eureka quota area can be located at mtrevenue.gov. This license is not eligible to offer gambling under Title 23, chapter 5, part 3, 5, or 6. To enter the competitive bidding process, the individual or business entity must follow all the requirements of the terms and conditions of the competitive bid process and complete and submit electronically a competitive bid form that includes your bid amount. The competitive bid form and terms and conditions can be found at mtrevenue.gov. The minimum bid for this license is set at $22,500. The competitive bidding process closes on November 9, 2023, at midnight Mountain Standard Time. The highest successful bidder will be notified by the department. The successful bidder must submit an application for licensure within 60 days.   This competitive bidding opportunity includes additional licenses in other communities. Please visit mtrevenue.gov for a complete list of licenses that can be currently bid on. Questions? Contact (406) 444-6900 Oct. 5, 12, 19, 26, 2023 MNAXLP __________________________

NO. 29763 NOTICE The Montana Department of Revenue, Alcoholic Beverage Control Division, announces the availability of one (1) new original Montana Retail On-Premises Consumption Restaurant Beer and Wine License for the Eureka quota area as the result of a license lapse. The available Montana Retail On-Premises Consumption Restaurant Beer and Wine License for the Eureka quota area may be located within the corporate limits of Eureka or within 5 miles of Eureka’s corporate limits but not further than the boundary that separates Eureka from Rexford. A map of the Eureka quota area can be located at mtrevenue.gov. This license is not eligible to offer gambling under Title 23, chapter 5, part 3, 5, or 6. To enter the competitive bidding process, the individual or business entity must follow all the requirements of the terms and conditions of the competitive bid process and complete and submit electronically a competitive bid form that includes your bid amount. The competitive bid form and terms and conditions can be found at mtrevenue.gov. The minimum bid for this license is set at $10,000. The competitive bidding process closes on November 9, 2023, at midnight Mountain Standard Time. The highest successful bidder will be notified by the department. The successful bidder must submit an application for licensure within 60 days.   This competitive bidding opportunity includes additional licenses in other communities. Please visit mtrevenue.gov for a complete list of licenses that can be currently bid on. Questions? Contact (406) 444-6900 Oct. 5, 12, 19, 26, 2023 MNAXLP __________________________

NO. 29798 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on January 22, 2024, at 11:00 AM at the East Door of the Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901, the following described real property situated in Flathead County, State of Montana: Lot 23 of Glenns Addition, Phase 3, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. More commonly known as 1155 16th Ave W, Columbia Falls, MT 59912. Casey William Sitch and Maunena M. Sitch, as Grantors, conveyed said real property to Alliance Title & Escrow, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, as designated nominee for American Homestead Mortgage, LLC, beneficiary of the security instrument, its successors and assigns, by Deed of Trust on September 21, 2015, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on September 22, 2015 as Instrument No. 201500022210, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Flagstar Bank, FSB Assignment Dated: March 16, 2017 Assignment Recorded: March 16, 2017 Assignment Recording Information: as Instrument No. 201700005448 Assignee: Freedom Mortgage Corporation Assignment Dated: July 26, 2017 Assignment Recorded: April 3, 2018 Assignment Recording Information: as Instrument No. 201800006339 Assignee: Lakeview Loan Servicing, LLC  Assignment Dated: February 18, 2022 Assignment Recorded: February 22, 2022 Assignment Recording Information: as Instrument No. 202200004643 All in the records of the County Clerk and Recorder for Flathead County, Montana. Jason J. Henderson is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, State of Montana, on October 14, 2022, as Instrument No. 202200026892, of Official Records.  The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning January 1, 2019, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $282,158.40, interest in the sum of $54,309.05, escrow advances of $19,895.33, other amounts due and payable in the amount of $12,711.36 for a total amount owing of $369,074.14, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced.  The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee’s fees and attorney’s fees, costs and expenses of the sale, and late charges, if any.  Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation.  The sale is a public sale and any person, including the Beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier’s checks). The conveyance will be made by Trustee’s Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale.  The Grantor, successor in interest to the Grantor, or any other person having an interest in the property, has the right, at any time prior to the Trustee’s Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney’s fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee’s and attorney’s fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled.   The scheduled Trustee’s Sale may be postponed by public proclamation up to 15 days for any reason. In the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to 120 days by public proclamation at least every 30 days.  If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse.  This is an attempt to collect a debt and any information obtained will be used for that purpose.  Dated this 6th day of September, 2023. Jason J. Henderson Substitute Trustee 38 2nd Avenue East Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT11445 Oct. 5, 12, 19, 2023 MNAXLP __________________________

No. 29799 Montana Eleventh Judicial District Court Flathead County In the Matter of the Name Change of Samuel McFerron: Samuel McFerron, Petitioner Cause No.: DV-15-2023-0001096-NC Judge Amy Eddy Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from Samuel Timothy McFerron to Tristan Shay Bloom. The hearing will be on 11/14/2023 at 8:30 a.m. The hearing will be at the Courthouse in Flathead County. Date:09/28/2023 PEG L. ALLISON Clerk of District Court BY: /s/ Anissa Neils Deputy Clerk of Court Oct. 5, 12, 19, 26, 2023 MNAXLP __________________________

NO. 29800 TANKO LAW OFFICE BRIAN C. TANKO, ESQ. Montana Bar No. 5194 392 - 1st Avenue East North Kalispell, MT 59901 Tel: (406) 257-3711 Fax: (406) 257-3722 Email: btanko@tankolaw.com Web: www.tankolaw.com Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY   In Re: The Estate of:                                               RICHARD FRANK BASSETT,              Deceased.        Cause No.: DP-23-265 AMY EDDY District Court Judge NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Estate. All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred.  Claims must either be mailed to Julie A. Early, the Personal Representative, return receipt, to: c/o Tanko Law Office, 392 – 1st Avenue E.N., Kalispell, MT 59901 or filed with the Clerk of Court. DATED this 22nd day of September, 2023. /s/ Julie A Early          JULIE A. EARLY, Personal Representative   Submitted by: TANKO LAW OFFICE /s/ Brain C Tanko  BRIAN C. TANKO, ESQ. Attorney for Personal Representative Oct. 5, 12, 19, 2023 MNAXLP __________________________

NO. 29801 SHANE N. REELY, ESQ. GOODRICH & REELY, PLLC 2315 McDonald Avenue, Suite 200 Missoula, MT 59801 Telephone (406) 541-9700 Telefax (406) 541-9707 shane@goodrichreely.com Attorneys for the Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF JEAN A. FLINK, Deceased. Cause No. DP-23-270 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above named Estate. All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred.  Claims must either be mailed to JOHN W. FLINK, the Personal Representative, return receipt requested, c/o Goodrich & Reely, PLLC, 2315 McDonald Avenue, Suite 200, Missoula, Montana 59801, or filed with the Clerk of the above entitled Court.    DATED this 28th day of September, 2023. /s/ John W Flink John W. Flink Personal Representative GOODRICH & REELY, PLLC 2315 McDonald Avenue, Suite 200 Missoula, Montana 59801 Attorneys for the Personal Representative By: Shane N. Reely Shane N. Reely, Esq. Oct. 5, 12, 19, 2023 MNAXLP __________________________

NO. 29817 Grizzly Mini Storage is having a storage auction on October 31, 2023 at 10:00 a.m. Location is 466 Ash Road, Kalispell, MT 59901 #708-Willaman #531-Vance #37-Fredenberg #331-Elavsky #735-Duval #634 & 120-Messick #225 & 228-Coolidge Oct. 19, 26, 2023 MNAXLP __________________________

NO. 29818 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on February 22, 2024, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell, MT 59901, the following described real property situated in Flathead County, State of Montana: Lot 42 of Great Northern Heights, Phase 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. More commonly known as 263 Vista Dr, Whitefish, MT 59937-7857. Chris Babic and Kathy Babic, as Grantors, conveyed said real property to Insured Titles, LLC, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Caliber Home Loans, Inc., Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on February 3, 2020, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on February 7, 2020 as Instrument No. 202000003494, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Caliber Home Loans, Inc. Assignment Dated: February 24, 2021 Assignment Recorded: March 17, 2021 Assignment Recording Information: as Instrument No. 202100009074 Assignee: ALLIED FIRST BANK, SB DBA SERVBANK Assignment Dated: August 31, 2023 Assignment Recorded: September 1, 2023 Assignment Recording Information: as Instrument No. 202300015752 All in the records of the County Clerk and Recorder for Flathead County, Montana. Jason J. Henderson is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, State of Montana, on July 14, 2022, as Instrument No. 202200017337, of Official Records.  The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning June 1, 2021, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $398,349.31, interest in the sum of $33,693.65, escrow advances of $6,229.40, other amounts due and payable in the amount of $2,667.25 for a total amount owing of $440,939.61, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced.  The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee’s fees and attorney’s fees, costs and expenses of the sale, and late charges, if any.  Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation.  The sale is a public sale and any person, including the Beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier’s checks). The conveyance will be made by Trustee’s Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale.  The Grantor, successor in interest to the Grantor, or any other person having an interest in the property, has the right, at any time prior to the Trustee’s Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney’s fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee’s and attorney’s fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled.   The scheduled Trustee’s Sale may be postponed by public proclamation up to 15 days for any reason. In the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to 120 days by public proclamation at least every 30 days.  If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse.  This is an attempt to collect a debt and any information obtained will be used for that purpose.  Dated this 29th day of September, 2023. Jason J. Henderson Substitute Trustee 38 2nd Avenue East Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT11605 Oct. 12, 19, 26, 2023 MNAXLP __________________________

NO. 29839 Bruce B McNeil 2969 Rufenach Circle, Kalispell, MT 59901 Telephone: (406) 253-9720 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF Cecily Rideout McNeil, Deceased. No. DP-23-296 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of the notice or said claims will be forever barred. Claims must either be mailed to Bruce McNeil, 2969 Rufenach Circle, Kalispell, MT 59901 or filed with the Clerk of the above-entitled court. Dated this 17th day of October, 2023. /s/ Bruce McNeil Personal Representative Oct. 19, 26, and Nov. 2, 2023 MNAXLP __________________________

No. 29844 PUBLIC NOTICE Notice of Application for Air Quality Permit (Pursuant to Rule 208, Section 5 of Flathead County Air Pollution Control Program, OPEN BURNING, Nelcon/White Rock has filed or will file on or about 10/18/2023 an application for a conditional air quality open burning permit from the Environmental Health Services Division, Flathead City-County Health Department. Applicant seeks approval to open burn Brush Waste at 304 Jellison Road.  Any member of the public with questions or who wishes to receive notice of the Department’s determination, and the location where a copy of the application and the Department’s analysis of it can be reviewed, or to submit comments on the application, must contact the Flathead City-County Health Department, Environmental Health Services Division at 1035 1st Ave. West, Kalispell, MT 59901, telephone (406) 751-8130. Any comments on the application must be submitted to the Department within 20 days after publication of this notice or filing of the application. The Department’s decision to approve or deny an application for Conditional Open Burning Permit may be reviewed by the Board of Health according to the following procedure: When the Division approves or denies the application for Conditional Open Burning Permit under this section, a person who is affected by the Department’s decision may request a hearing before the Board, within 3 days after the Department renders its final decision. The Department’s decision on the application is not final unless 3 days have elapsed and there is no request for a hearing under this section. The filing of a request for a hearing may postpone the effective date of the Department’s decision. Oct. 19, 2023 MNAXLP __________________________