reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-106. Rules -- penalties -- enforcement

23-1-106. Rules -- penalties -- enforcement.
(1) The department and the board may make rules governing the use, occupancy, and protection of the property under their control.
(2) A person who violates subsection (3) or a rule established pursuant to this section is guilty of a misdemeanor and shall be fined not more than $500 or be imprisoned in the county jail for not more than 6 months.
(3) A person may not refuse to exhibit for inspection any park permit, proof of age, or proof of residency upon request by a fish and game warden, park ranger, or peace officer.
(4) The department shall enforce the provisions of this chapter and rules implementing this chapter. The director shall employ all necessary and qualified personnel for enforcement purposes.
(5) 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 chapter and rules of the department and the board; and
(c) to report violations to the county attorney of the county in which they occur.
History: (1)En. Sec. 6, Ch. 48, L. 1939; amd. Sec. 2, Ch. 2, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; Sec. 62-306, R.C.M. 1947; (2)En. Sec. 3, Ch. 111, L. 1929; re-en. Sec. 1842.3, R.C.M. 1935; amd. Sec. 5, Ch. 178, L. 1953; amd. Sec. 6, Ch. 69, L. 1965; amd. Sec. 5, Ch. 2, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; Sec. 62-314, R.C.M. 1947; R.C.M. 1947, 62-306, 62-314; amd. Sec. 2, Ch. 662, L. 1991; amd. Sec. 1, Ch. 121, L. 2009; amd. Sec. 10, Ch. 235, L. 2013.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-107. Cooperation

23-1-107. Cooperation.
In carrying out the provisions of this part, the department may seek and accept the cooperation of other state and local agencies and the agencies of the federal government and may assist and cooperate with other state agencies, political subdivisions of the state, with neighboring states, and with the federal government in matters relating to acquiring, planning, establishing, developing, improving, or maintaining any park, parkway, recreational area, monument, historic site, or archaeological site.
History: En. Sec. 8, Ch. 48, L. 1939; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 62-308.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-108. Acquisition of certain state parks, monuments, or historic sites

23-1-108. Acquisition of certain state parks, monuments, or historic sites.
(1) Any person, association, or representative of a governing unit may submit a proposal for the acquisition of a site or area described in 23-1-102 from the income of the trust fund created in 15-35-108 to the department by July 1 of the year preceding the convening of a legislative session.
(2) The board shall present to the legislature by the 15th day of any legislative session a list of areas, sites, or objects that were proposed for purchase for use as state parks, state recreational areas, state monuments, or state historic sites with the money contained in the parks account.
(3) The legislature must appropriate funds from this account before any park, area, monument, or site may be purchased.
History: En. Sec. 3, Ch. 653, L. 1979; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 1, Ch. 637, L. 1985; amd. Sec. 2, Ch. 28, L. 1991; amd. Sec. 11, Ch. 235, L. 2013.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-109. Establishment of Montana agricultural center and museum of the Northern Great Plains

23-1-109. Establishment of Montana agricultural center and museum of the Northern Great Plains.
There is a Montana agricultural center and museum of the Northern Great Plains located in Fort Benton. The department of fish, wildlife, and parks shall acquire the center and museum, but the department may lease the facility to a qualified local government entity or nonprofit corporation or transfer ownership of the facility to a qualified local government entity for less than fair market value for so long as the local government entity or nonprofit corporation, as applicable, provides for development, operation, and maintenance of the center and museum without cost to the state of Montana. As part of any transfer of ownership of the facility, the department of fish, wildlife, and parks retains the right to reclaim ownership of the property at no cost to the state if the property ceases to be used as an agricultural center and museum for more than 1 year.
History: En. Sec. 1, Ch. 255, L. 1987; amd. Sec. 1, Ch. 97, L. 2001; amd. Sec. 1, Ch. 98, L. 2005.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-110. Improvement or development of state park or fishing access site -- required public involvement -- rules

23-1-110. Improvement or development of state park or fishing access site -- required public involvement -- rules.
(1) Any proposed improvement or development of a state park or fishing access site that significantly changes park or fishing access site features or use patterns is subject to notice of proposed modifications, both statewide and locally, and to opportunity for a public meeting and public comment on the advisability and acceptability of the proposal. Rules to govern the notice, meeting, and comment process must be adopted:
(a) for state parks by the board; and
(b) for fishing access sites by the commission.
(2) The department shall prepare a public report regarding any project that is subject to the provisions of subsection (1). The report must include conclusions relating to the following aspects of the proposal:
(a) the desires of the public as expressed to the department;
(b) the capacity of the park or fishing access site for development;
(c) environmental impacts associated with the improvement or development;
(d) the long-range maintenance of the improvements;
(e) the protection of natural, cultural, and historical park or fishing access site features;
(f) potential impacts on tourism; and
(g) site-specific modifications as they relate to the park or fishing access site system as a whole.
History: En. Sec. 1, Ch. 367, L. 1991; amd. Sec. 2, Ch. 28, L. 1991; amd. Sec. 12, Ch. 235, L. 2013.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-115. Short title

23-1-115. Short title.
Sections 23-1-115 through 23-1-118 may be cited as the "Montana Primitive Parks Act".
History: En. Sec. 1, Ch. 501, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-116. Primitive parks established

23-1-116. Primitive parks established.
Because of their unique and primarily undeveloped character, the following state parks and management areas are designated as primitive parks and are subject to the provisions of 23-1-115 through 23-1-118:
(1) Wild Horse Island state park;
(2) Big Pine management area;
(3) Sluice Boxes state park;
(4) Pirogue Island state park;
(5) Medicine Rocks state park;
(6) Council Grove state park;
(7) Beaverhead Rock state park;
(8) Tower Rock state park; and
(9) Madison Buffalo Jump state park.
History: En. Sec. 2, Ch. 501, L. 1993; amd. Sec. 6, Ch. 476, L. 1995; amd. Sec. 1, Ch. 233, L. 2011; amd. Sec. 1, Ch. 207, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-117. Limit on development of primitive parks

23-1-117. Limit on development of primitive parks.
(1) The only development allowed in primitive parks designated in 23-1-116 is:
(a) necessary improvements required to meet minimum public health standards regarding sanitation, which may include necessary access to outhouses, septic vaults, and water;
(b) improvements necessary to ensure the safe public use of boat ramps and docks;
(c) addition of gravel to existing unpaved roads and the resurfacing of paved roads when necessary to ensure safe public access;
(d) establishment of new trails or improvement of trails;
(e) development of camp host pads, which may include a septic vault and electrical service designed to serve only the camp host pads;
(f) any measures required for land management, including forestry; and
(g) installation of minimal signage indicating that the park is a designated primitive park in which development has been limited and encouraging the public to help in maintaining the park's primitive character by packing out trash.
(2) The following development of designated primitive parks is prohibited:
(a) installation of electric lines or facilities, except when necessary to comply with subsection (1)(a) or (1)(e);
(b) installation of recreational vehicle sanitary dumpsites where they do not presently exist; and
(c) creation of unnecessary new roads and paving of existing but previously unpaved roads.
History: En. Sec. 3, Ch. 501, L. 1993; amd. Sec. 1, Ch. 264, L. 2001; amd. Sec. 1, Ch. 234, L. 2005; amd. Sec. 2, Ch. 233, L. 2011.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-118. Elimination of resident user fee -- fee for nonresident use -- penalty

23-1-118. Elimination of resident user fee -- fee for nonresident use -- penalty.
(1) In recognition of the right of Montana residents to use primitive parks without regard to their ability to pay, a Montana resident is not required to pay a user fee for the use of any primitive park designated in 23-1-116.
(2) A nonresident who wishes to use a primitive park is required to pay the state park user fees chargeable under 23-1-105.
History: En. Sec. 4, Ch. 501, L. 1993; amd. Sec. 3, Ch. 233, L. 2011; amd. Sec. 2, Ch. 207, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-121. Park rangers -- qualifications -- powers and duties

23-1-121. Park rangers -- qualifications -- powers and duties.
(1) The department is authorized to establish a corps of park rangers and to select and appoint park rangers who must be qualified by their experience, training, skill, and interest in the protection, conservation, and stewardship of the natural and cultural resources and parks administered by the department.
(2) Park rangers shall:
(a) enforce the laws of this state and the rules of the department and the board that provide for the protection, conservation, and stewardship of the natural and cultural resources in the state parks system;
(b) protect campers, picnickers, and other park users;
(c) keep the peace;
(d) supervise public use;
(e) maintain public order in all units of the state parks system; and
(f) perform all other duties prescribed by the department.
History: En. Sec. 1, Ch. 662, L. 1991; amd. Sec. 13, Ch. 235, L. 2013.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-122. Enforcement powers of park rangers and game wardens

23-1-122. Enforcement powers of park rangers and game wardens.
(1) Park rangers appointed pursuant to 23-1-121 and fish and game wardens appointed pursuant to 87-1-501 are authorized officers with the authority to enforce the laws and adopted rules relating to parks and outdoor recreation contained in chapters 1 and 2 of this title, except chapter 2, part 7.
(2) An authorized officer may:
(a) arrest, in accordance with Title 46, chapter 6, any person within an area managed by the department upon probable cause to believe that the person has committed an offense against chapters 1 and 2 of this title, except chapter 2, part 7, or rules of the department, the board, or the commission;
(b) enforce the disorderly conduct and public nuisance laws under 45-8-101 and 45-8-111 as they apply to the operation of motorboats on waters within areas managed by the department under this part; and
(c) exercise other powers of peace officers in the enforcement of:
(i) laws relating to parks and outdoor recreation contained in chapters 1 and 2 of this title, except chapter 2, part 7;
(ii) rules of the department, the board, and the commission; and
(iii) judgments obtained for violations of the laws and rules specified in this subsection (2)(c).
History: En. Sec. 3, Ch. 662, L. 1991; amd. Sec. 14, Ch. 235, L. 2013.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-123. Use of exploding targets prohibited -- definition -- penalty

23-1-123. Use of exploding targets prohibited -- definition -- penalty.
(1) The use of exploding targets on properties managed pursuant to this title is prohibited when the department of natural resources and conservation determines that fire danger is high, very high, or extreme.
(2) For the purposes of this section, "exploding targets" means commercial targets that explode when impacted by a high-velocity projectile or targets created by combining components, including but not limited to ammonium nitrate and aluminum powder, that explode when impacted by a high-velocity projectile.
(3) A person convicted of a violation of this section is guilty of a misdemeanor and shall be fined not more than $500 or be imprisoned in the county jail for not more than 6 months.
History: En. Sec. 1, Ch. 513, L. 2021.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-126. Good neighbor policy -- public recreational lands

23-1-126. Good neighbor policy -- public recreational lands.
(1) The good neighbor policy of public land use, as applied to public recreational lands, seeks a goal of no impact upon adjoining private and public lands by preventing impact on those adjoining lands from noxious weeds, trespass, litter, noise and light pollution, streambank erosion, and loss of privacy.
(2) In order to implement the good neighbor policy expeditiously, the legislature finds it necessary to require the department of fish, wildlife, and parks to place maintenance as a priority over additional development at all state parks and fishing access sites.
(3) The restriction in subsection (2) does not apply to:
(a) development and improvement projects for which the legislature has appropriated funds prior to October 1, 1999;
(b) activities directly related to the historic preservation, restoration, or protection of assets in state parks;
(c) at the discretion of the department of fish, wildlife, and parks, projects on the Missouri reach of the Missouri-Madison hydropower project or the Clark Fork basin hydropower project, undertaken pursuant to the federal energy regulatory commission's hydropower relicensing requirements and in conjunction with private entities, political subdivisions of the state of Montana, and federal agencies;
(d) at the discretion of the department of fish, wildlife, and parks, projects on Fort Peck reservoir undertaken in conjunction with the U.S. army corps of engineers; or
(e) partnership projects as designated within the park master plan.
(4) Any development in state parks and fishing access sites beyond those defined as maintenance in 23-1-127 must be approved by the legislature.
History: En. Sec. 1, Ch. 474, L. 1999; amd. Sec. 2, Ch. 427, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-127. Maintenance priority -- maintenance defined

23-1-127. Maintenance priority -- maintenance defined.
With regard to state parks and fishing access sites, implementation of the good neighbor policy requires that priority is to be given to maintenance of existing facilities, rather than to development or improvement. For purposes of 23-1-126 and this section, "maintenance" means:
(1) placing, cleaning, and stocking of latrines;
(2) garbage and litter removal;
(3) fence installation and repair of existing fences;
(4) weed control;
(5) implementation of safety and health measures required by law to protect the public;
(6) upkeep of established trails, roads, parking areas, boat docks, and similar facilities existing in state parks and fishing access sites on October 1, 1999;
(7) in-kind replacement of existing facilities, including electric lines or facilities, or replacement of those existing facilities with facilities that have less impact on the state park or fishing access site;
(8) erosion control;
(9) streambank stabilization;
(10) erection of barriers necessary to preserve riparian vegetation and habitat;
(11) minimal signage necessary to inform users of appropriate state park or fishing access site use and applicable regulations and of historical, natural, cultural, geographical, and geological features in the area;
(12) measures necessary to ensure compliance with the federal Americans With Disabilities Act of 1990, when applicable;
(13) planting of native trees, grasses, and shrubs for habitat stabilization and privacy shielding;
(14) installation of fire rings, picnic tables, and trash collection facilities; and
(15) other necessary activities and expenditures consistent with the good neighbor policy and the intent of 23-1-126, 23-1-128, and this section, including new trails, new boat ramps, and necessary new access roads into and within the state park or fishing access site.
History: En. Sec. 2, Ch. 474, L. 1999; amd. Sec. 3, Ch. 427, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-128. Limits on camping in riparian areas and operation of off-highway vehicles

23-1-128. Limits on camping in riparian areas and operation of off-highway vehicles.
(1) In order to protect riparian vegetation, provide for stable streambanks, reduce erosion, and provide for nutrient barriers to protect the quality of rivers and streams, camping in a motor vehicle, as defined in 61-1-101, is discouraged within 25 feet of a river or stream in state parks and fishing access sites.
(2) The operation of an off-highway vehicle, as defined in 23-2-801, within state parks and fishing access sites is prohibited except:
(a) for administrative purposes; or
(b) as designated by the department on roads, trails, or specific areas.
History: En. Sec. 3, Ch. 474, L. 1999; amd. Sec. 20, Ch. 542, L. 2005; amd. Sec. 1, Ch. 191, L. 2011.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-129. Reserved camp sites -- limits

23-1-129. Reserved camp sites -- limits.
(1) Except as provided in subsection (3), no more than 80% of all available campsites may be reserved in a state park, recreational area, or public camping ground with overnight camping.
(2) This section applies to all state parks, recreational areas, and public camping grounds under the jurisdiction of the department as provided in 23-1-102 or the board as provided in 23-1-106 and 23-1-111, including fishing access sites if the site allows for overnight camping.
(3) This section does not apply to a river system where camping opportunity is limited to designated float-in sites only.
History: En. Sec. 1, Ch. 380, L. 2023.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 1. State Parks › 23-1-131. Repealed

23-1-131. Repealed.
Sec. 82, Ch. 509, L. 1995.
History: En. Secs. 2, 3, Ch. 574, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 2. State Scientific and Recreational Park › 23-1-201. Establishment of state scientific and recreational park

23-1-201. Establishment of state scientific and recreational park.
In order to preserve and protect the biological station grounds hereafter referred to and to remove fire hazards and the danger of other encroachments tending to detract from the scientific values and uses thereof, the department is authorized to maintain a state scientific and recreational park on a suitable area to be designated by it not exceeding 15 acres at the southeast portion of the lands granted by the United States of America to the state of Montana for the use of the university of Montana-Missoula for biological station purposes.
History: En. Sec. 1, Ch. 108, L. 1941; amd. Sec. 3, Ch. 178, L. 1953; amd. Sec. 4, Ch. 69, L. 1965; amd. Sec. 3, Ch. 2, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 62-310; amd. sec. 36, Ch. 308, L. 1995.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 2. State Scientific and Recreational Park › 23-1-202. Rules governing use

23-1-202. Rules governing use.
The department shall make such rules governing the park's use, occupancy, and the protection of the remaining lands of the grant as necessary to promote and continue the use of all of the lands for biological station purposes. The park itself shall be so maintained as to develop and encourage public interest in the scientific and biological resources of the area. Nothing herein contained prevents the use of the area within the park for biological station purposes whenever it becomes useful or necessary for such purposes.
History: En. Sec. 2, Ch. 108, L. 1941; amd. Sec. 4, Ch. 178, L. 1953; amd. Sec. 5, Ch. 69, L. 1965; amd. Sec. 4, Ch. 2, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 62-311.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 3. Montana Conservation Corps (Repealed) › 23-1-301. Repealed

23-1-301. Repealed.
Sec. 2, Ch. 85, L. 2007.
History: En. Sec. 1, Ch. 556, L. 1989; amd. Sec. 10, Ch. 534, L. 1993; amd. Sec. 1, Ch. 150, L. 1999.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 3. Montana Conservation Corps (Repealed) › 23-1-302. Repealed

23-1-302. Repealed.
Sec. 2, Ch. 85, L. 2007.
History: En. Sec. 2, Ch. 556, L. 1989; amd. Sec. 53, Ch. 418, L. 1995; amd. Sec. 75, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 3. Montana Conservation Corps (Repealed) › 23-1-303. Repealed

23-1-303. Repealed.
Sec. 2, Ch. 85, L. 2007.
History: En. Sec. 3, Ch. 556, L. 1989; amd. Sec. 76, Ch. 546, L. 1995; amd. Sec. 1, Ch. 486, L. 1997; amd. Sec. 1, Ch. 465, L. 2001.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 3. Montana Conservation Corps (Repealed) › 23-1-311. Repealed

23-1-311. Repealed.
Sec. 2, Ch. 85, L. 2007.
History: En. Sec. 4, Ch. 556, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 3. Montana Conservation Corps (Repealed) › 23-1-312. Repealed

23-1-312. Repealed.
Sec. 2, Ch. 85, L. 2007.
History: En. Sec. 5, Ch. 556, L. 1989; amd. Sec. 77, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 3. Montana Conservation Corps (Repealed) › 23-1-313. Repealed

23-1-313. Repealed.
Sec. 2, Ch. 85, L. 2007.
History: En. Sec. 6, Ch. 556, L. 1989; amd. Sec. 24, Ch. 308, L. 1995.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 1. Parks › Part 3. Montana Conservation Corps (Repealed) › 23-1-314. Repealed

23-1-314. Repealed.
Sec. 2, Ch. 85, L. 2007.
History: En. Sec. 7, Ch. 556, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 1. Development of Outdoor Recreational Resources › 23-2-101. Legislative findings -- purpose

23-2-101. Legislative findings -- purpose.
Montana is uniquely endowed with scenic landscapes and areas rich in recreational value. This outdoor heritage enriches the lives of citizens, attracts new residents and businesses to the state, and is of major significance to the expanding tourist industry. It is the purpose of this part to give authority to the department to plan and develop outdoor recreational resources in the state. That authority permits receiving and expending funds, including federal grants, for this purpose.
History: En. Sec. 1, Ch. 235, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 62-401; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 5, Ch. 353, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 1. Development of Outdoor Recreational Resources › 23-2-102. Department to implement federal act

23-2-102. Department to implement federal act.
The department is hereby designated as the state agency to represent and act for the state for the purpose of implementing the Land and Water Conservation Fund Act of 1965.
History: En. Sec. 2, Ch. 235, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 62-402; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 6, Ch. 353, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 1. Development of Outdoor Recreational Resources › 23-2-103. Compliance with federal act authorized -- powers of department

23-2-103. Compliance with federal act authorized -- powers of department.
The department shall do those things necessary to comply with the provisions of the Land and Water Conservation Fund Act of 1965. Among other things, the department may:
(1) prepare a comprehensive statewide outdoor recreational plan that must contain an evaluation of the demand for and supply of outdoor recreational resources and facilities in Montana and a program for implementation of the plan;
(2) accept and administer money paid by the secretary of the interior for approved projects;
(3) contract with other state agencies, cities, counties, and other political subdivisions of the state, private organizations, and agencies of the federal government;
(4) acquire, other than by eminent domain, and develop outdoor recreational areas and facilities as well as land and waters and interests in land and waters for such areas and facilities;
(5) for the purpose of implementing the Land and Water Conservation Fund Act of 1965, coordinate its activities with and represent the interests of all agencies of state, city, county, and other governmental units with outdoor recreational responsibilities.
History: En. Sec. 3, Ch. 235, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 62-403; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 7, Ch. 353, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 1. Development of Outdoor Recreational Resources › 23-2-108. Trails and recreational facilities account

23-2-108. Trails and recreational facilities account.
(1) There is a trails and recreational facilities account in the state special revenue fund established in 17-2-102.
(2) There must be paid into the account:
(a) money collected pursuant to 61-3-321(19)(a)(iii); and
(b) money from marijuana taxes deposited under 16-12-111.
(3) Money in the account may only be used by the department to provide trails and recreational facilities grants pursuant to 23-2-109.
(4) Interest and income earned on the account and any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.
History: En. Sec. 1, Ch. 219, L. 2019; amd. Sec. 39, I.M. No. 190, approved Nov. 3, 2020.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 1. Development of Outdoor Recreational Resources › 23-2-109. Trails and recreational facilities grant program -- rulemaking

23-2-109. Trails and recreational facilities grant program -- rulemaking.
(1) There is a trails and recreational facilities grant program administered by the department.
(2) Cities, counties, tribal governments, school districts, recreational clubs and organizations, and state and federal agencies are eligible to receive grant funds for the following projects:
(a) new trail and shared-use path construction;
(b) rehabilitation and maintenance of existing trails and shared-use paths; and
(c) trailside and trailhead facilities, including but not limited to bridges, fencing, parking, bathrooms, latrines, picnic shelters, interpretation, trail signs, and trailside weed management.
(3) In making grants, the department shall consider the recommendations of the state trails advisory committee established pursuant to 23 U.S.C. 206.
(4) Entities receiving a grant may use up to 7% of the funds for administrative costs.
(5) Any funds awarded pursuant to this section that are not fully expended within 3 years must revert to the department and be deposited in the account established in 23-1-105.
(6) The department may adopt rules to implement this section.
History: En. Sec. 2, Ch. 219, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 1. Development of Outdoor Recreational Resources › 23-2-110. Definitions

23-2-110. Definitions.
For the purposes of this part, the following definitions apply:
(1) "Department" means the department of fish, wildlife, and parks.
(2) "Motorized equipment" means any motorized equipment authorized to be used on public lands by the land management agency with jurisdiction over those lands.
(3) "Summer motorized recreation trail" means a trail designated as open to motorized use and approved for inclusion in the summer motorized recreation trail grant program established in 23-2-113 by the land management agency with jurisdiction over the trail.
History: En. Sec. 1, Ch. 353, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 1. Development of Outdoor Recreational Resources › 23-2-111. Summer motorized recreation trail pass for residents -- fees -- penalties

23-2-111. Summer motorized recreation trail pass for residents -- fees -- penalties.
(1) Except as provided in subsection (5) of this section, motorized equipment registered in Montana pursuant to 61-3-321 may not be operated on a summer motorized recreation trail unless a summer motorized recreation trail pass is affixed in a conspicuous place to the motorized equipment.
(2) The cost of a summer motorized recreation trail pass is $20. The trail pass is valid for 2 years and expires on December 31 of the second calendar year.
(3) The trail pass is not transferable. However, if motorized equipment is sold with an affixed trail pass, the trail pass may continue to be used by the purchaser until the pass expires.
(4) Application for the issuance of the trail pass must be made at locations and on forms prescribed by the department. The forms must include but are not limited to:
(a) the applicant's name and permanent street address;
(b) a physical description of the motorized equipment;
(c) proof of the motorized equipment's registration in Montana; and
(d) the applicant's name and permanent street address, as required in subsection (4)(a), and any other personal identification information, including but not limited to the applicant's phone number, may not be made public but may be used by other state agencies or the Montana university system for the sole purpose of gathering information for user studies that include usage criteria, trends, and growth.
(5) A person renting motorized equipment registered pursuant to 61-3-321 is not required to purchase a trail pass but shall carry proof of rental if operating the motorized equipment on a summer motorized recreation trail.
(6) Money collected by payment of fees under this section must be used as follows:
(a) $2 must be remitted to the vendor who sold the trail pass if the vendor is not the department; and
(b) the remainder must be deposited in the summer motorized recreation trail account established in 23-2-112.
(7) The failure to affix the trail pass as required by this section or the making of false statements in obtaining the trail pass is a misdemeanor, punishable by a fine of $60. All fines collected under this section must be transmitted to the department of revenue for deposit of $40 of each $60 fine in the state general fund and $20 of each $60 fine in the summer motorized recreation trail account provided for in 23-2-112.
History: En. Sec. 2, Ch. 353, L. 2019; amd. Sec. 1, Ch. 605, L. 2023.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 1. Development of Outdoor Recreational Resources › 23-2-112. Summer motorized recreation trail account

23-2-112. Summer motorized recreation trail account.
(1) There is a summer motorized recreation trail account in the state special revenue fund established in 17-2-102.
(2) The following must be deposited in the account:
(a) pursuant to 23-2-111, revenue collected from the sale of summer motorized recreation trail passes; and
(b) penalties collected pursuant to 23-2-111(7) and 23-2-814(6).
(3) Funds deposited in the account must be used by the department pursuant to 23-2-113 and this subsection (3):
(a) up to 5% deposited in the account each year may be used by the department for administrative costs;
(b) $1 from each trail pass sold pursuant to 23-2-111 must be granted for mitigation and eradication of noxious weeds along summer motorized recreation trails; and
(c) the remainder must be granted for designation, maintenance, and improvement of summer motorized recreation trails.
(4) Interest and income earned on the account and any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.
History: En. Sec. 3, Ch. 353, L. 2019; amd. Sec. 2, Ch. 605, L. 2023.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 1. Development of Outdoor Recreational Resources › 23-2-113. Summer motorized recreation trail grant program -- rulemaking

23-2-113. Summer motorized recreation trail grant program -- rulemaking.
(1) There is a summer motorized recreation trail grant program by which the department may grant funds deposited in the account established in 23-2-112 to private clubs and organizations for the following purposes:
(a) to mark or sign, maintain, and improve summer motorized recreation trails;
(b) to mitigate and eradicate noxious weeds along summer motorized recreation trails;
(c) to provide motorized safety and ethics education; and
(d) to acquire various hand tools and chain saws needed to accomplish trail projects. The grantee shall provide to the department on request an itemized list and receipts for all purchases of hand tools and chain saws made using grant funds.
(2) Entities receiving a grant may use up to 7% of the funds for administrative costs.
(3) The department may require an applicant to provide a 10% match in cash or donated services to be eligible to receive a grant.
(4) In utilizing funds pursuant to this section, the department shall consider the recommendations of the off-highway vehicle advisory committee established pursuant to 23 U.S.C. 206.
(5) After awarding a grant pursuant to this section, the department shall, on request of the grantee, make an initial distribution of 50% of the funding to the entity receiving the award, a distribution of 40% on receipt by the department of expense receipts, and a distribution of the final 10% of the funding on receipt by the department of proof of completion of the project for which the money is awarded.
(6) The department may adopt rules to implement the provisions of 23-2-110 through 23-2-113.
History: En. Sec. 4, Ch. 353, L. 2019; amd. Sec. 1, Ch. 153, L. 2021; amd. Sec. 3, Ch. 605, L. 2023.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 3. Recreational Use of Streams › 23-2-309. Land title unaffected

23-2-309. Land title unaffected.
The provisions of this part and the recreational uses permitted by 23-2-302 do not affect the title or ownership of the surface waters, the beds, and the banks of any navigable or nonnavigable waters or the portage routes within this state.
History: En. Sec. 7, Ch. 556, L. 1985.
2023 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.
2023 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(5) 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
(1) The board has authority to provide for the administration of the Smith River waterway. The board may adopt rules to:
(a) 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:
(i) consider the tolerance of adjacent landowners to recreational use;
(ii) consider the capability of the river and adjoining lands to accommodate floating and camping use; and
(iii) ensure an acceptable level of user satisfaction, including minimizing user conflicts and providing for a level of solitude.
(b) 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. The number of permits that can be purchased by nonresidents pursuant to this section may not exceed 10% of the available permits.
(c) 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:
(i) for the purposes of safety, health, and protection of property;
(ii) to preserve the experience of floating, fishing, and camping in a natural environment;
(iii) to protect the river's fish, wildlife, water, and canyon resources; and
(iv) to minimize conflicts between recreationists and private landowners; and
(d) establish recreational and commercial user fees for floating and camping on the Smith River waterway.
(2) The board shall adopt rules to establish and implement a bonus point system for residents and nonresidents.
History: En. Sec. 6, Ch. 512, L. 1989; amd. Sec. 18, Ch. 235, L. 2013; amd. Sec. 1, Ch. 736, L. 2023.