Mont. Admin. R. 12.2.607 - PUBLIC ACCESS LAND AGREEMENTS
(1) Before
approving a PALA the department must exercise due diligence to verify that:
(a) the public lands are not restricted or
closed to general recreational use by the land management agency that owns or
has legal control of the public land ;
(b) the private lands, or any right of way,
road, or trail to be utilized are wholly owned by the applicant(s) and there is
open access across the designated access route;
(c) the public has no existing right of
access over the proposed route;
(d)
access routes restricted to foot travel only:
(i) must be capable of accommodating normal
ambulatory travel; and
(ii) must
not exceed one linear mile from the beginning to the end of the access route;
and
(e) access routes
available to motorized vehicles must be safe and passable during dry conditions
for two-wheel drive vehicles.
(2) If access to inaccessible public land or
under accessible public land can only or most effectively be provided through
separate properties owned by different landowners, an agreement may be issued
with each landowner provided each landowner holds the lease or permit on the
public land or the public land does not have an existing lease or
permit.
(3) Contingent on the
annual availability of funds to operate the PALA program , landowners may elect
to participate in a PALA for up to 10 years with the agreement being renewed
annually.
(4) Applications must be
received by a date set by the department to allow for time for adequate
department review.
(5) A PALA shall
not be construed to support, establish or preclude, limit or diminish any claim
for the right to public use.
(6)
The department may not enter a PALA where there is an existing right of public
access over the proposed access route. If the department is uncertain whether
the proposed access route is public or private, or if a controversy exists over
whether the proposed access route is public or private, the department shall
present its findings to the PL/PW for its consideration in its
recommendation.
(7) Consideration
for PALA enrollment will be given to those sites that are open during
commission -established hunting or fishing seasons, or both.
(8) A PALA may be terminated by the
department or the landowner if the terms of the agreement are violated. An
agreement may be canceled, and a landowner's property withdrawn from the
program at any time due to circumstances beyond the control of the landowner or
the department , such as death, illness, natural disaster, or acts of nature. In
the event of termination, payment will be reduced and correlated to the time
frame and access provided.
(9) The
landowner and the department may deny access to an individual(s) for violation
of PALA rules.
(10) A PALA does not
convey to the public any right to hunt or otherwise recreate on the private
land through which they can travel to reach public land.
(11) The department shall maintain and make
available to the public a list of current PALA locations and rules.
(12) With department approval, a landowner
may impose reasonable limitations through temporary closure of a PALA to
address concerns related to high fire danger, weather-related impact to travel
route, safety, or agricultural production activities such as livestock handling
or harvest and planting of crops, so long as:
(a) the landowner notifies department
regional headquarters at least 24 hours prior to the closure;
(b) the landowner posts notice to the public
on-site;
(c) the closure is removed
within 24 hours after the conditions causing the closure no longer to exist;
and
(d) its closure is in effect
for no more than seven days without additional department review and
approval.
Notes
AUTH: 87-1-295, MCA; IMP: 87-1-295, MCA
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