reglab/housing_qa huggingface dataset:
MT Code § 23-2-312 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 3. Recreational Use of Streams|23-2-312. Access to surface waters by public bridge or county road right-of-way

  23-2-312. Access to surface waters by public bridge or county road right-of-way. (1) A person may gain access to surface waters for recreational use by using:   (a) a public bridge, its right-of-way, and its abutments; and   (b) a county road right-of-way.   (2) When accessing surface waters pursuant to subsection (1), a person shall stay within the road or bridge right-of-way. Absent definition in an easement or deed to the contrary, the width of a bridge right-of-way is the same width as the right-of-way of the road to which the bridge is attached.   (3) The provisions in 7-14-2134, 23-2-313, and this section related to public access to surface waters for recreational use neither create nor extinguish any right related to county roads established by prescriptive use that exist on April 13, 2009.   (4) For purposes of determining liability, a person accessing surface waters for recreational use pursuant to this section is owed no duty by a landowner or an agent or tenant of that landowner other than for an act or omission that constitutes willful or wanton misconduct.   History: En. Sec. 2, Ch. 201, L. 2009.
MT Code § 23-2-313 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 3. Recreational Use of Streams|23-2-313. Fencing for livestock control and public passage -- negotiation -- costs

  23-2-313. Fencing for livestock control and public passage -- negotiation -- costs. (1) At county road bridges for which public access is authorized pursuant to 23-2-312, each fence attached to or abutting a county road bridge edge, guardrail, or abutment for livestock control or for property management pursuant to 7-14-2134(4) must provide for public passage to surface waters for recreational use pursuant to this section.   (2) (a) If a dispute arises regarding public passage pursuant to subsection (1), the department, pursuant to the department's policy in 87-1-229 to work with private land managers to resolve and reduce user conflicts, shall negotiate with the affected landowner regarding the characteristics of an access feature of a legal fence for public passage and livestock control or property management. Examples of an access feature of a legal fence that provides public passage and livestock control or property management may include:   (i) a stile;   (ii) a gate;   (iii) a roller;   (iv) a walkover;   (v) a wooden rail fence that provides for passage; or   (vi) any other method designed for public passage and livestock control or property management.   (b) One access feature, as described in subsection (2)(a), on each side of the stream is sufficient. When practicable, one access feature must be located on the downstream bridge edge, guardrail, or abutment. The department may waive these provisions when one access feature is sufficient.   (c) If the landowner and the department cannot reach agreement within 60 days after the department's initial contact with the landowner for negotiation, the department shall provide the landowner with options for methods to provide public passage while controlling livestock or managing property. If the landowner does not choose one of the method options within 30 days after the options are offered, the department shall choose and then may install one of the method options.   (3) The department, in cooperation with other interested parties, shall provide the materials, installation, and maintenance of any fence modifications necessary to provide public passage as required by this section.   History: En. Sec. 3, Ch. 201, L. 2009.
MT Code § 23-2-314 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 3. Recreational Use of Streams|23-2-314. through 23-2-320 reserved

  23-2-314 through 23-2-320 reserved.
MT Code § 23-2-321 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 3. Recreational Use of Streams|23-2-321. Restriction on liability of landowner and supervisor

  23-2-321. Restriction on liability of landowner and supervisor. (1) A person who makes recreational use of surface waters flowing over or through land in the possession or under the control of another, pursuant to 23-2-302, or land while portaging around or over barriers or while portaging or using portage routes, pursuant to 23-2-311, is owed no duty by a landowner, the landowner's agent, or the landowner's tenant other than that provided in subsection (2).   (2) A landowner, the landowner's agent, or tenant is liable to a person making recreational use of waters or land described in subsection (1) only for an act or omission that constitutes willful or wanton misconduct.   (3) A supervisor or any member of the arbitration panel who participates in a decision regarding the placement of a portage route is not liable to a person who is injured or whose property is damaged because of placement or use of the portage route except for an act or omission that constitutes willful and wanton misconduct.   History: En. Sec. 4, Ch. 556, L. 1985; amd. Sec. 1, Ch. 209, L. 1987; amd. Sec. 362, Ch. 56, L. 2009.
MT Code § 23-2-322 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 3. Recreational Use of Streams|23-2-322. Prescriptive easement not acquired by recreational use of surface waters

  23-2-322. Prescriptive easement not acquired by recreational use of surface waters. (1) A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.   (2) A prescriptive easement cannot be acquired through:   (a) recreational use of surface waters, including:   (i) the streambeds underlying them;   (ii) the banks up to the ordinary high-water mark; or   (iii) any portage over and around barriers; or   (b) the entering or crossing of private property to reach surface waters.   History: En. Sec. 5, Ch. 556, L. 1985.
MT Code § 23-2-401 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 4. Management of Smith River|23-2-401. Short title

  23-2-401. Short title. This part may be cited as the "Smith River Management Act".   History: En. Sec. 1, Ch. 512, L. 1989.
MT Code § 23-2-402 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 4. Management of Smith River|23-2-402. Purpose -- intent

  23-2-402. Purpose -- intent. (1) The purpose of this part is to:   (a) provide continued recreational and commercial use and enjoyment of the Smith River waterway, consistent with the river's capacity;   (b) seek ways to minimize conflicts between river users and private landowners; and   (c) protect the integrity of the river's water and canyon resources for future generations.   (2) The intent of this part is to interpret and implement this part in a manner consistent with the statement of purpose for the state park system in 23-1-101.   (3) This part may not be construed in any way to restrict a landowner's access to or use of the landowner's land, improvements, water rights, or adjacent waterways.   History: En. Sec. 2, Ch. 512, L. 1989; amd. Sec. 363, Ch. 56, L. 2009.
MT Code § 23-2-403 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 4. Management of Smith River|23-2-403. Definitions

  23-2-403. Definitions. As used in this part, the following definitions apply:   (1) "Board" means the state parks and recreation board established in 2-15-3406.   (2) "Commission" means the fish and wildlife commission established in 2-15-3402.   (3) "Department" means the department of fish, wildlife, and parks provided for in 2-15-3401.   History: En. Sec. 3, Ch. 512, L. 1989; amd. Sec. 2, Ch. 28, L. 1991; amd. Sec. 16, Ch. 235, L. 2013.
MT Code § 23-2-404 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 4. Management of Smith River|23-2-404. Applicability

  23-2-404. Applicability. This part applies to that portion of the Smith River waterway located in Meagher and Cascade Counties lying between Camp Baker in Meagher County and the confluence of the Smith River with the Missouri River. This description does not prevent the department from naming or renaming areas pursuant to 23-1-102.   History: En. Sec. 4, Ch. 512, L. 1989; amd. Sec. 17, Ch. 235, L. 2013.
MT Code § 23-2-405 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 4. Management of Smith River|23-2-405. and 23-2-406 reserved

  23-2-405 and 23-2-406 reserved.
MT Code § 23-2-407 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 4. Management of Smith River|23-2-407. Management responsibility and plan

  23-2-407. Management responsibility and plan. The department has the primary recreational management responsibility for the Smith River waterway described in 23-2-404, consistent with the purpose stated in 23-1-101 and 23-2-402. The Smith River waterway must be administered to:   (1) allow the continuation of compatible existing recreational and public land uses;   (2) maintain the opportunity to enjoy the natural scenic beauty and solitude; and   (3) conserve fish and wildlife and scientific and recreational values.   History: En. Sec. 5, Ch. 512, L. 1989.
MT Code § 23-2-408 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 4. Management of Smith River|23-2-408. Rulemaking authority

  23-2-408. Rulemaking authority. The board has authority to provide for the administration of the Smith River waterway. The board may adopt rules to:   (1) regulate and allocate recreational and commercial floating and camping to preserve the biological and social benefits of recreational and commercial use of the Smith River waterway in its natural state. Recreational use may be restricted to preserve the experience of floating, fishing, and camping in a natural environment and to protect the river's fish, wildlife, water, and canyon resources. The restrictions must:   (a) consider the tolerance of adjacent landowners to recreational use;   (b) consider the capability of the river and adjoining lands to accommodate floating and camping use; and   (c) ensure an acceptable level of user satisfaction, including minimizing user conflicts and providing for a level of solitude.   (2) restrict recreational use, if necessary, through the implementation of a permit system. An allocation of a portion of the permits may be made to licensed outfitters to preserve the availability of outfitting services to the public.   (3) regulate the activities of recreational and commercial users of the water and land in the Smith River waterway that are legally accessible to the public and regulate the land in the river corridor that is under the control of the department and the board:   (a) for the purposes of safety, health, and protection of property;   (b) to preserve the experience of floating, fishing, and camping in a natural environment;   (c) to protect the river's fish, wildlife, water, and canyon resources; and   (d) to minimize conflicts between recreationists and private landowners; and   (4) establish recreational and commercial user fees for floating and camping on the Smith River waterway.   History: En. Sec. 6, Ch. 512, L. 1989; amd. Sec. 18, Ch. 235, L. 2013.
MT Code § 23-2-409 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 4. Management of Smith River|23-2-409. Allocation of user fees -- expenditure of Smith River corridor enhancement account

  23-2-409. Allocation of user fees -- expenditure of Smith River corridor enhancement account. (1) All money collected as recreational and commercial user fees for floating and camping on the Smith River waterway pursuant to 23-2-408 must be deposited in the state treasury in the Smith River corridor enhancement account in the state special revenue fund to the credit of the department.   (2) (a) The following portions of recreational and commercial user fees deposited in the Smith River corridor enhancement account must be used for the purposes in subsection (2)(b):   (i) $50 of each commercial outfitter client fee;   (ii) all revenue from the sale of super permit lottery chances; and   (iii) 5% of other float fee revenue, except for the nonrefundable permit application fee.   (b) The sum of the funds described in subsection (2)(a) must be expended to:   (i) protect and enhance the integrity of the natural and scenic beauty of the Smith River waterway and its recreational, fisheries, and wildlife values through the lease or acquisition of property, including lease or acquisition of partial interests in property by the department within the Smith River corridor;   (ii) pursue projects that serve to protect, enhance, and restore fisheries habitat, streambank stabilization, erosion control, and recreational values within the Smith River corridor, including Smith River tributaries; and   (iii) pursue projects that serve to maintain and enhance instream flows for recognized recreational and aquatic ecosystem values in the Smith River corridor.   (3) All other funds in the Smith River corridor enhancement account may be used to manage, operate, and maintain the Smith River corridor.   History: En. Sec. 7, Ch. 512, L. 1989; amd. Sec. 1, Ch. 86, L. 2005; amd. Sec. 1, Ch. 297, L. 2017.
MT Code § 23-2-410 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 4. Management of Smith River|23-2-410. Penalty -- enforcement

  23-2-410. Penalty -- enforcement. (1) A person who violates a rule of the board adopted pursuant to this part is guilty of a misdemeanor punishable by a fine of not less than $50 or more than $500 or by imprisonment in a county jail for not more than 6 months, or both.   (2) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-7-101. Authorized officers of the department are granted peace officer status with the power:   (a) of search, seizure, and arrest;   (b) to investigate activities in this state regulated by this part and rules of the department, the board, and the commission; and   (c) to report violations to the county attorney of the county in which they occur.   History: En. Sec. 8, Ch. 512, L. 1989; amd. Sec. 5, Ch. 662, L. 1991; amd. Sec. 19, Ch. 235, L. 2013.
MT Code § 23-2-501 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 5. Boats|23-2-501. Declaration of policy

  23-2-501. Declaration of policy. It is the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto.   History: En. Sec. 1, Ch. 285, L. 1959; R.C.M. 1947, 69-3501.
MT Code § 23-2-503 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 5. Boats|23-2-503. Boat liveries

  23-2-503. Boat liveries. (1) The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel that is permitted by the owner to be operated, the identification number of the vessel, the departure date and time, and the expected time of return. The record must be preserved for at least 6 months.   (2) The owner of a boat livery or the owner's agent or employee may not permit any motorboat or any vessel permitted by the owner to be operated as a motorboat or vessel to depart from the owner's premises unless it has been provided, either by owner or renter, with the equipment required pursuant to 23-2-521 and any rules made pursuant to that section.   History: En. Sec. 7, Ch. 285, L. 1959; amd. Sec. 9, Ch. 124, L. 1977; R.C.M. 1947, 69-3507; amd. Sec. 364, Ch. 56, L. 2009.
MT Code § 23-2-504 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 5. Boats|23-2-504. Filing of rules

  23-2-504. Filing of rules. A copy of the rules adopted pursuant to this part and of any amendments thereto shall be filed in the office of the department and in the office of the secretary of state. Rules shall be published by the department in a convenient form and made easily available to all vessel operators.   History: En. Sec. 16, Ch. 285, L. 1959; amd. Sec. 15, Ch. 124, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 69-3516.
MT Code § 23-2-505 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 5. Boats|23-2-505. Owner's civil liability

  23-2-505. Owner's civil liability. The owner of a vessel is liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the provisions of the statutes of this state or neglecting to observe ordinary care and operation that the rules of the common law require. However, the owner is not liable unless the vessel is being used with the owner's express or implied consent. It must be presumed that the vessel is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, it is under the control of the owner's spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. This section may not be construed to relieve any other person from any liability that the person would otherwise have. However, this section may not be construed to authorize or permit any recovery in excess of injury or damage actually incurred.   History: En. Sec. 15, Ch. 285, L. 1959; R.C.M. 1947, 69-3515; amd. Sec. 365, Ch. 56, L. 2009.
MT Code § 23-2-506 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 5. Boats|23-2-506. Enforcement

  23-2-506. Enforcement. (1) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-7-101. Authorized officers of the department are granted peace officer status with the power:   (a) of search, seizure, and arrest;   (b) to investigate activities in this state regulated by this part and rules of the department and the fish and wildlife commission; and   (c) to report violations to the county attorney of the county in which they occur.   (2) All sheriffs and peace officers of the state of Montana and all United States coast guard law enforcement officers shall have authority to enforce provisions of this part, as amended.   History: En. Sec. 17, Ch. 285, L. 1959; amd. Sec. 2, Ch. 336, L. 1969; amd. Sec. 14, Ch. 514, L. 1973; amd. Sec. 17, Ch. 124, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 69-3517; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 6, Ch. 662, L. 1991.
MT Code § 23-2-507 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 5. Boats|23-2-507. Penalty

  23-2-507. Penalty. (1) Violations of any section of this part, except 23-2-526(3), unless otherwise specified, are a misdemeanor and shall be punishable by a fine of not less than $15 or more than $500 or by imprisonment for a term up to 6 months, or both. All fine and bond forfeitures, except those paid to a justice's court, must be transmitted to the department of revenue for deposit in the general fund.   (2) If 23-2-525(4) is violated, 46-18-241 through 46-18-249 apply, except that the sentencing court shall order restitution and shall do so regardless of the court's disposition of the violator.   History: En. Sec. 18, Ch. 285, L. 1959; amd. Sec. 15, Ch. 514, L. 1973; amd. Sec. 18, Ch. 124, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 69-3518; amd. Sec. 17, Ch. 557, L. 1987; amd. Sec. 2, Ch. 44, L. 1989; amd. Sec. 33, Ch. 83, L. 1989; amd. Sec. 40, Ch. 509, L. 1995; amd. Sec. 15, Ch. 257, L. 2001.
MT Code § 23-2-508 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 5. Boats|23-2-508. Certificate of title

  23-2-508. Certificate of title. (1) Except as provided in subsection (3), a motorboat or sailboat 12 feet in length or longer may not be operated upon the waters of the state unless a certificate of title has first been obtained from the department of justice in accordance with the laws of this state.   (2) Unless expressly exempted, the provisions of Title 61, chapter 3, parts 1 and 2, apply to a motorboat or sailboat 12 feet in length or longer.   (3) A person who has owned the same motorboat or sailboat 12 feet in length or longer since July 1, 1988, with a valid certificate of number issued by the state is not required to file an application for a certificate of title for the motorboat or sailboat unless the person transfers a part of the person's interest in the motorboat or sailboat or renews the certificate of number for the motorboat or sailboat.   History: En. Sec. 1, Ch. 433, L. 1987; amd. Sec. 13, Ch. 649, L. 1987; amd. Sec. 1, Ch. 165, L. 1989; amd. Secs. 1, 14, Ch. 398, L. 1989; amd. Sec. 1, Ch. 535, L. 1989; amd. Sec. 22, Ch. 16, L. 1991; amd. Sec. 2, Ch. 463, L. 1991; amd. Sec. 1, Ch. 482, L. 1993; amd. Sec. 129, Ch. 574, L. 2001; amd. Sec. 19, Ch. 477, L. 2003.
MT Code § 23-2-509 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 5. Boats|23-2-509. Repealed

  23-2-509. Repealed. Sec. 81, Ch. 477, L. 2003.   History: En. Sec. 2, Ch. 433, L. 1987; amd. Sec. 2, Ch. 535, L. 1989.
MT Code § 23-2-510 (2021)
2021 Montana Code Annotated|Title 23. Parks, Recreation, Sports, and Gambling|Chapter 2. Recreation|Part 5. Boats|23-2-510. Repealed

  23-2-510. Repealed. Sec. 81, Ch. 477, L. 2003.   History: En. Sec. 3, Ch. 433, L. 1987; amd. Sec. 1, Ch. 363, L. 1989; amd. Sec. 1, Ch. 375, L. 1989; amd. Sec. 2, Ch. 398, L. 1989; amd. Sec. 3, Ch. 535, L. 1989; amd. Sec. 1, Ch. 375, L. 1991; amd. Sec. 130, Ch. 574, L. 2001.