Mont. Admin. r. 36.25.149 - GENERAL RECREATIONAL USE OF STATE LANDS: RESTRICTIONS
(1) The following restrictions apply to
persons engaging in general recreational use of state lands except for general
recreational use subject to block management restrictions pursuant to ARM
36.25.163:
(a)
(i)
Except as provided in (ii) and (iii), motorized vehicle use on state lands by
recreationists is restricted to federal roads, state roads, dedicated county
roads, other county roads that are regularly maintained by the county and those
roads on state lands that are designated by the department as open for motor
vehicle use.
(ii) A person who has
in his or her possession a "permit to hunt from vehicle" issued by the
department of fish, wildlife and parks is authorized to drive on any road
except a road that is closed by the department by sign or barrier.
(iii) A recreationist may park on state land
within 50 feet of a customary access point; on federal roads and highways,
state highways, and county roads in accordance with applicable traffic laws and
regulations; and within 50 feet of any other road designated by the department
for public access across the state land. The recreationist may not park so as
to block vehicle access to the tract. Parking of vehicles must be accomplished
in a manner that does not produce injury to the land or the lessee's
improvements.
(b)
Snowmobile use on the roads referenced in (1) (a) (i) is allowed only if
permitted by applicable traffic laws and regulations. Snowmobile use on leased
land is restricted to those department roads that have been designated as open
to motorized vehicle use. Snowmobile use on unleased land is allowed except in
areas where it is prohibited by the department.
(c) A recreationist shall use firearms in a
careful and prudent manner. A recreationist may not negligently, as defined in
45-2-101(37),
MCA, discharge a firearm on state lands or discharge a firearm within 1/4 mile
of an inhabited dwelling or of an outbuilding in close proximity to an
inhabited dwelling without permission of an inhabitant. Temporary absences of
inhabitants do not render a dwelling uninhabited.
(d) Open fires on leased or licensed land are
restricted to campgrounds designated by the department for public camping. No
fireworks may be discharged on state land.
(e) Overnight recreational use on leased or
licensed land must take place within 200 feet of a legal and customary access
point or water body that is navigable for recreational purposes under 23-2-302,
MCA. The person may not drive or park a vehicle more than 50 feet from the
access point. A recreationist's overnight use of state lands must not exceed
the following time limits:
(i) for any site on
leased or licensed land outside a designated campground - 2 consecutive
days;
(ii) for a designated
campground - 16 days in a 30-day period;
(iii) for unleased, unlicensed lands outside
a campground - 16 days in a 30-day period, unless permission for a longer
period is obtained from the department.
(f) A recreationist may keep horses on state
land overnight, subject to the following restrictions:
(i) horses may not remain in a stream
riparian zone for more than one hour;
(ii) only certified noxious weed seed free
forage may be brought onto state land; and
(iii) horses must be restrained in a manner
that minimizes impacts to vegetation.
(g) A recreationist shall keep pets on a
leash or otherwise in control. A recreationist may not allow the pet to harass
livestock or wildlife.
(h) A
recreationist may not interfere with legitimate activities of the lessees or
their agents conducted pursuant to the lease. For example, the discharge of
firearms that would interfere with the authorized use of a tract for livestock
operations is prohibited.
(i) For
state lands included within a wildlife management or block management area
administered by the department of fish, wildlife and parks, recreational use
and activities must be conducted in accordance with rules, regulations, and
procedures specific to that management area.
(j) Littering on state lands is prohibited.
Recreationists shall pack out their litter.
(k) From March 1 to December 1, or for an
extended period of time if posted on site, a recreationist must comply with ARM
12.12.109(1)(a), (b), and (c) on state land:
(i) located in any county west of the
Continental Divide; or
(ii) in
Glacier, Toole, Pondera, Teton, Lewis and Clark, Cascade, Jefferson,
Broadwater, Meagher, Beaverhead, Madison, Gallatin, Park, Sweet Grass,
Stillwater, Carbon, Liberty, Blaine, Hill, Chouteau, Fergus, Judith Basin,
Wheatland, or Golden Valley Counties.
(2) The department may, after notice to the
lessee, impose additional site specific restrictions on general recreational
use to protect public safety, property, or the environment.
Notes
AUTH: 77-1-209, 77-1-804, MCA; IMP: 77-1-804, MCA
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