reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.1 - State Park System › Rule 12.8.107 - STATE FISHING ACCESS SITES

Current through Register Vol. 13, July 5, 2024
(1) Purpose. To
				provide permanent public access to high-quality rivers, streams, and
				lakes.
(2) Description. Areas
				adjacent to high-quality fishing waters accessible by an existing or acquired
				public right-of-way and of adequate size to permit practical use of the waters
				concerned for fishing and, when appropriate, other water-based
				recreation.
(3) Development and
				management. Accommodations will consist of facilities for day-use, and in
				certain cases, overnight camping. Boat-launching ramps, road-building, and
				fencing may be necessary. Management will involve proper identification of the
				site and maintenance of public right-of-way and service facilities.
23-1-102, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.201 - GENERAL POLICY

Current through Register Vol. 13, July 5, 2024
(1) The following
				regulations shall govern the use of all lands or waters under the control,
				administration, and jurisdiction of the Montana Department of Fish, Wildlife
				and Parks. These areas are hereinafter referred to as "designated recreation
				areas". Regulations governing each specific area will be posted in that area.
				Lands and waters controlled or administered by the department may be used for
				recreational or other purposes subject to the prohibitions as set forth in
				these or other applicable rules, or otherwise provided by law.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.202 - WEAPONS AND FIREWORKS

Current through Register Vol. 13, July 5, 2024
(1) No person may
				discharge any firearm, fireworks, explosives, air or gas weapon, or arrow from
				a bow, on or over either land or water, from April 1 to the opening date of
				archery season each year, unless the designated area is otherwise posted.
				Areas, or portions of areas, may be closed to shooting when the director
				determines there is undue hazard to human life or property. In addition to any
				other penalties provided for violation, the participant may be expelled from
				the area.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.203 - CONTROL OF ANIMALS

Current through Register Vol. 13, July 5, 2024
(1) No person may
				permit an animal to run at large in a designated public recreation area.
				Persons in possession of animals must restrain them and keep them under control
				in a manner which does not cause or permit a nuisance, annoyance, or danger to
				others. From April 1 through September 15 of each year unless otherwise posted,
				the animal must be physically restrained or on a leash under ten feet in length
				in hand or anchored at all times.
(2) Animals are not permitted in swimming
				beaches, sanitary facilities or areas or portions of areas posted to exclude
				them. Persons in possession of animals who permit said animals to create a
				nuisance or an annoyance to others or who do not restrain animals properly may
				be expelled from the area in addition to being subject to any other penalty
				provided.
(3) Persons bringing or
				allowing animals in designated recreation areas shall be responsible for proper
				removal and disposal of any waste produced by these animals.
(4) Ranging, grazing, watering or allowing
				livestock in designated recreation areas is prohibited except where
				specifically permitted or when authorized by lease, license or other written
				agreement with the department.
(5)
				Unauthorized animals including livestock may be impounded and will not be
				returned to the owner or possessor until the costs of capture and holding the
				animal are reimbursed to the department.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.204 - VEHICLES

Current through Register Vol. 13, July 5, 2024
(1) This section applies to all vehicles,
				including, but not limited to: automobiles, trucks, motorcycles, mini-bikes,
				snowmobiles, dune buggies, all-terrain vehicles and trailers, campers, bicycles
				or any other such equipment.
(2) No
				vehicle may be driven at a speed greater than the posted speed.
(3) No wheeled motor vehicle may be driven
				off authorized roadways, except onto parking areas provided.
(4) No person may operate a vehicle on any
				road, trail, or area which is specifically posted against such use.
(5) No motor vehicle may be operated in a
				public recreation area that fails to comply with the Title 61, MCA, Motor
				Vehicle Codes as they relate to driver licensing, vehicle equipment, vehicle
				registration and traffic regulation.
(6) In addition to any other penalty provided
				for violation, the participant may be expelled from the area.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.205 - CAMPING, DAY AND GROUP USE

Current through Register Vol. 13, July 5, 2024
(1) Camping at one
				or more campsites in any one designated recreation area for a period longer
				than 14 days during any 30-day period is prohibited unless otherwise posted. In
				areas so posted, said occupancy will be limited to 7 days during any 30-day
				period. Such 30-day periods shall run consecutively during the year commencing
				with the first day each person camps in a designated recreation area each
				year.
(2) No person may set up camp
				in areas other than designated campgrounds, or in any department-administered
				shelter building unless the shelter is posted as a camp shelter.
(3) No person may leave a set-up camp, or
				trailer, camper, other vehicle, or equipment unattended for more than 48 hours
				unless the area is otherwise posted. Such vehicles and equipment may be
				impounded and will not be returned to the owner or possessor until the costs of
				towing and impoundment are reimbursed to the department.
(4) No group of more than 30 persons may use
				a designated recreation area except with prior permission by the director or
				his agent. Groups may be assessed user fees and may be required to surrender a
				deposit to defray additional or unusual department expenses caused by their use
				of recreation areas.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.206 - FIRES

Current through Register Vol. 13, July 5, 2024
(1) No person may build or maintain a fire in
				any designated recreation area, except in established fireplaces and fire rings
				maintained for such purposes, or in portable camp stoves unless otherwise
				posted.
(2) No person may leave a
				fire unattended or leave a campsite area without completely extinguishing all
				fires prior to departure.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.207 - PROPERTY DISTURBANCE

Current through Register Vol. 13, July 5, 2024
(1) No person may
				destroy, deface, injure, remove, or otherwise damage any natural or improved
				property or willfully or negligently cut, destroy, or mutilate any tree, shrub,
				or plant, or any geological, historical, or archaeological feature, not
				including flowers, berries, cones, or fallen dead wood.
(2) No person may disturb or remove the
				topsoil cover or permit the disturbance or removal of topsoil cover. This
				prohibits digging for worms, burying of garbage, and allowing pets to dig
				holes.
(3) Gathering or cutting
				firewood for off site use is prohibited without prior written approval of the
				director or his agent.
(4) No
				person may design, construct, place or use any structure (including, but not
				limited to roads, trails, signs, or landscape features) within a designated
				recreation area, (including leased lands) without prior approval of the
				director or his agent. Unauthorized structures are subject to removal or
				impoundment.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.208 - DISORDERLY CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) Disorderly
				conduct, such as, but not limited to, quarreling, challenging to fight or
				fighting; using threatening, profane or abusive language; drunkenness;
				rendering vehicular or pedestrian traffic impassable; indecent exposure; public
				urination; operation of a motor vehicle in a manner as to create a nuisance or
				any annoyance or danger to others; loud or noisy behavior; is
				prohibited.
(2) Quiet hours shall
				be maintained in all recreation areas as posted. Portable generators may not be
				operated during these hours.
(3) It
				is prohibited to forcibly assault, oppose, impede, resist, intimidate or
				interfere with any official, employee or agent of the department engaged in the
				performance of his or her official duties or on account of the performance of
				his or her official duties.
(4)
				Failure to comply with a lawful order issued by a department employee acting
				pursuant to these rules shall be considered as interference with that employee
				while engaged in the performance of their official duties.
(5) In addition to any other penalty
				provided, the participants may be expelled from the area.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.209 - RESTRICTED AREAS AND NIGHT CLOSURES

Current through Register Vol. 13, July 5, 2024
(1) No
				person may enter upon any portion of any area that is posted as restricted to
				public passage.
(2) Designated
				recreation areas as posted will be closed nightly, except for emergency ingress
				and egress.
(3) Checkout time for
				campers using fee areas is 4:00 p.m. the following day unless otherwise
				posted.
(4) Designated recreation
				areas where camping is not allowed are open from sunrise to sundown unless
				otherwise posted.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.210 - SANITATION AND LITTER WASTE DISPOSAL

Current through Register Vol. 13, July 5, 2024
(1) No
				person may dump dead fish or animals or parts thereof, human excrement, refuse,
				rubbish, or wash water (except in receptacles provided for this purpose) nor
				pollute or litter in any other manner a public recreational area. Sewage wastes
				from self-contained trailers, campers, or other portable toilets shall be
				disposed of only in posted sanitary trailer dump stations. Wash water may be
				disposed of in sealed vault latrines.
(2) No household or commercial garbage or
				trash brought in as such from other property shall be disposed of in any
				designated public recreation area.
(3) The use of glass bottles and containers
				is not permitted at swimming beaches, or areas or portions of areas posted to
				exclude them.
(4) In addition to
				any other penalty provided for violation, the participants may be expelled from
				the area.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.211 - LIVESTOCK AND COMMERCIAL USE (REPEALED)

Current through Register Vol. 13, July 5, 2024
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.212 - BOATING AND SWIMMING

Current through Register Vol. 13, July 5, 2024
(1) No boats may be
				launched from any boat trailer, car, truck, or other conveyance except at an
				established launching area, if such a facility is provided. Boats, boat
				trailers, trucks, or other conveyance may not be kept at a designated area
				unless the owner or possessor thereof is authorized to use the area under the
				provisions of these rules.
(2)
				Swimming areas when designated are limited by white and orange buoys. No person
				may swim beyond a designated swimming area where posted. No person may disturb,
				deface, remove, or relocate such buoys.
(3) No power boat may be operated or beached
				within a designated swimming area, nor shall it be operated with its motor in
				operation so that any portion of such boat approaches closer than 50 feet to
				any swimmer in the water. The term "swimmer" as used herein shall not mean any
				water skier, then engaged in waterskiing and using said boat as a use of towing
				power. This regulation is applicable only in water areas which are within 100
				feet of the nearest shoreline and shall not apply to emergency or life-saving
				situations.
(4) No operator of a
				power boat may tow any water skier so that such water skier is caused to
				approach within 50 feet of any swimmer in the water. No water skier, while
				afloat on his water skis, may approach any swimmer in the water within 50 feet
				or water ski within the bounds of any designated swimming area.
(5) No person may leave a boat or other water
				craft unattended while moored or attached to a public boat dock nor shall
				public boat docks be used for any other purpose than loading and unloading of
				boats or other water craft unless otherwise posted.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.213 - RECREATION USE FEES

Current through Register Vol. 13, July 5, 2024
(1) No person who
				fails to pay an authorized fee may enter a designated recreation area or set up
				camp in a designated recreation area.
(2) Where such fees are charged, fee
				requirements shall be prominently signed and posted.
(3) From and after the effective date of this
				rule, regulations relating to establishment of fees for recreational use of
				lands and waters owned and controlled by the state of Montana, acting by and
				through the Fish and Game Commission, will be adopted on an annual and seasonal
				basis and therefore will not be considered or processed as subject to the
				Montana Administrative Procedure Act.
23-1-106,
					 87-1-303, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.217 - DEPARTMENT'S AUTHORITY TO CLOSE DESIGNATED RECREATION AREAS DUE TO EMERGENCY

Current through Register Vol. 13, July 5, 2024
(1) The commission authorizes the department
				to adopt temporary emergency rules to close designated recreation areas or
				portions thereof to public use as provided in ARM
				12.8.218.
(2) Public use of the designated recreation
				area means any public occupation of the land.
(3) The commission authorizes the department
				to reopen designated recreation areas closed by temporary emergency rule as
				provided in ARM 12.8.218.
23-1-106,
					 87-1-303, MCA; IMP,
					 2-4-303,
					 23-1-106,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.218 - EMERGENCY DESIGNATED RECREATION AREA CLOSURE CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) The department may, pursuant to ARM
				12.8.217, adopt temporary
				emergency rules under the following criteria.
(a) The department receives written request
				for closure of designated recreation area from the interagency fire management
				team or similar authority that provides the description of where to implement
				the fire closure.
(b) The
				department determines that firefighting efforts on or near the designated
				recreation area creates imminent peril to the public health, safety, or
				welfare.
(c) The department
				determines that dangerous conditions exist on or near the designated recreation
				area that creates imminent peril to public health, safety, or
				welfare.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.2 - Public Use Regulations › Rule 12.8.219 - NOTIFICATION OF EMERGENCY DESIGNATED RECREATION CLOSURE AREAS

Current through Register Vol. 13, July 5, 2024
(1) Prior to or simultaneously with the
				effective date of the closure the department shall:
(a) notify the commission;
(b) post notice of the closure on the agency
				web site;
(c) post notice of the
				closure within and near the affected area; and
(d) send press releases regarding the closure
				to newspapers and media outlets having general distribution in the affected
				area.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.3 - Recreational Pass › Rule 12.8.301 - MONTANA STATE GOLDEN YEAR'S PASS

Current through Register Vol. 13, July 5, 2024
(1) Use of
				pass by someone other than the recipient:
(a)
				The Montana State Golden Year's Pass may be used only by the person to whom the
				pass is issued.
(b) Any person who
				camps overnight in a state administered fee camping recreation area, state
				park, or fishing access site after having entered in a vehicle bearing a
				Montana Golden Years Pass shall obtain an overnight camping permit if the
				recipient of the Golden Years Pass is not a passenger or driver of that
				vehicle.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.4 - Waterways › Rule 12.8.401 - STATE RECREATIONAL WATERWAY SYSTEM POLICY AND PROGRAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-303, MCA; IMP,
					 87-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.4 - Waterways › Rule 12.8.402 - DESIGNATION OF WATERWAYS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-303, MCA; IMP,
					 87-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.4 - Waterways › Rule 12.8.403 - RECREATION PLANNING AND DEVELOPMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-303, MCA; IMP,
					 87-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.4 - Waterways › Rule 12.8.404 - LEGISLATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-303, MCA; IMP,
					 87-1-301,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.4 - Waterways › Rule 12.8.405 - FISHERIES RESEARCH AND MANAGEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-303, MCA; IMP,
					 87-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.4 - Waterways › Rule 12.8.406 - FLATHEAD RECREATIONAL WATERWAY (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-303, MCA; IMP,
					 87-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.4 - Waterways › Rule 12.8.407 - MISSOURI RECREATIONAL WATERWAY (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-303, MCA; IMP,
					 87-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.4 - Waterways › Rule 12.8.408 - ROCK CREEK RECREATIONAL WATERWAY (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-303, MCA; IMP,
					 87-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.4 - Waterways › Rule 12.8.409 - SMITH RIVER RECREATIONAL WATERWAY (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-303, MCA; IMP,
					 87-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.4 - Waterways › Rule 12.8.410 - YELLOWSTONE RECREATIONAL WATERWAY (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-303, MCA; IMP,
					 87-1-201,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.5 - Cultural Resources › Rule 12.8.501 - POLICY

Current through Register Vol. 13, July 5, 2024
(1) It is the policy of the department of
				fish, wildlife, and parks to consider heritage properties and paleontological
				remains systematically on lands owned or controlled by the department for the
				purpose of preserving the properties and to avoid, whenever feasible,
				department actions or department assisted or licensed actions that
				substantially alter heritage properties or paleontological remains on those
				lands.
22-3-424, MCA; IMP,
					 22-3-424,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.5 - Cultural Resources › Rule 12.8.502 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this part:
(1) "Department" means the department of
				fish, wildlife, and parks.
(2)
				"SHPO" means the state historic preservation office of the Montana historical
				society.
(3) "Project" means any
				undertaking, including land disposal, which is likely to alter or affect the
				attributes of the heritage property which contribute to its heritage
				value.
22-3-424, MCA; IMP,
					 22-3-424,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.5 - Cultural Resources › Rule 12.8.503 - TIME OF REVIEW

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall initiate the reviews and studies required by this part prior to
				initiating any undertaking which may result in changes to the surface
				structures, or other character of the land. The department shall complete its
				review early enough to be used in formulating the department's decision on the
				project. Completion of reviews and studies after the department has committed
				itself to the scope, format, and siting of project will not constitute
				adherence to these regulations.
(2)
				At specified stages within the following procedure, SHPO response to the
				department is required. If the SHPO fails to respond in the times described in
				this rule, the department may assume that the SHPO agrees with the department
				position and the department may move forward with the project.
22-3-424, MCA; IMP,
					 22-3-424,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.5 - Cultural Resources › Rule 12.8.504 - RESPONSIBILITY FOR COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) The bureau
				chief, design and construction bureau, field services division, is cultural
				resources coordinator and, subject to the director's approval, is responsible
				for coordinating department communication with the SHPO and for the
				satisfactory completion of the procedures required by this part.
(2) The administrator of each department
				division is responsible for assuring compliance with this part when projects
				involving his division may affect heritage properties on paleontological
				remains. Each division shall bear routine costs of administration related to
				compliance with this rule.
Sec.
					 22-3-424 MCA; IMP, Sec.
					 22-3-424
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.5 - Cultural Resources › Rule 12.8.505 - IDENTIFICATION OF HERITAGE PROPERTIES

Current through Register Vol. 13, July 5, 2024
The department shall identify all heritage properties that
				  are located on department lands within the area affected by a proposed project.
				  The department shall use the following procedure to determine what known
				  historic, architectural, or prehistoric properties exist within a project area
				  and how unknown or unevaluated resources should be discovered:
(1) If a project involves land on which no
				structures exist, the department shall provide the SHPO with information on
				legal location of the proposed project, the nature of previous land use, the
				slope and vegetation on the ground surface, and, briefly, the nature and scope
				of the proposed project. If a project would change or remove a building, the
				department shall provide the SHPO with information on legal location, a
				photograph of the building(s), a brief description of the proposed project, and
				when available, dates of building construction, information on building use and
				changes to the building over time. If a project would affect both vacant land
				and buildings, including construction of new buildings adjacent to old
				buildings, the department shall provide the SHPO with all of the information
				outlined above.
(2) If a project
				affects vacant land, the SHPO shall provide the department with information on
				known historic, architectural, and prehistoric resources in the area, the
				likelihood of unknown historic, architectural, and prehistoric resources in the
				area, and whether a previous cultural resource survey has occurred in the
				impact area. The SHPO shall recommend as to the need for, kind of, and
				appropriate methods for survey. If a project involves a building, the SHPO
				shall inform the department about whether any building has been recorded
				previously or if its historic and architectural value has been assessed. If
				recordation and evaluation have not occurred, the SHPO shall recommend and
				describe the historical information, photographs, or description to be used to
				assess the building. The SHPO shall provide its recommendation to the
				department within ten working days of the SHPO's receipt of a request for it.
				Assessment comment period may be extended an additional five working days to a
				maximum total of 15 working days upon request by SHPO and concurrence by the
				department.
(3) Upon receipt of the
				information and recommendations from the SHPO, the department shall determine
				what additional action is necessary to fulfill its responsibility to identify
				Montana heritage properties in the project's impact area.
(4) If the department does not follow the
				SHPO's recommendation, it shall document its decision and justification in the
				project file. A copy of the documentation will be forwarded to the
				SHPO.
Sec.
					 22-3-424 MCA; IMP, Sec.
					 22-3-424
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.5 - Cultural Resources › Rule 12.8.506 - EVALUATION OF HERITAGE PROPERTIES

Current through Register Vol. 13, July 5, 2024
(1) In
				consultation with the SHPO, the department shall assure that any historic,
				prehistoric or architectural property identified in a project's area of
				potential impact has been professionally assessed to determine whether it is a
				heritage property. That assessment shall include the following:
(a) The department shall seek the SHPO's
				written assessment of whether the property qualifies as a heritage
				property.
(b) The SHPO shall
				provide the department with a written assessment of any site's value as a
				heritage property within ten working days of receipt of a request for the
				assessment. Assessment comment period may be extended an additional five
				working days to a maximum total of 15 working days upon request by SHPO and
				concurrence by the department.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.5 - Cultural Resources › Rule 12.8.507 - AVOIDANCE OR MITIGATION OF PROJECT IMPACTS

Current through Register Vol. 13, July 5, 2024
(1) If no heritage property exists within
				project's area of potential impact, the department may proceed with the
				project. If, during the course of the project, historic or prehistoric
				properties are identified, the department shall notify the SHPO immediately,
				provide it with site information, and stop any project work that could harm the
				property until the SHPO assesses the site's value as a heritage property. The
				SHPO shall provide its assessment to the department within two working days
				after receipt of a request for comments. If the site is judged to be a heritage
				property, the department will follow the procedures identified in subsection
				(2) of this rule.
(2) If heritage
				properties exist within the project's area of potential impact, the department
				shall determine, in writing, whether the project will alter or affect the
				attributes of the site which contribute to its heritage value and whether such
				alteration will be substantial. If the department determines that a project
				will substantially alter attributes of value to heritage properties, it shall
				prepare a written explanation of why one or more of the actions has been chosen
				and how it will be carried out:
(a) abandon
				the proposed project;
(b) modify or
				redesign the proposed project to avoid or lessen harmful impacts;
(c) mitigate harm or alteration through any
				method including recordation, excavation, other further documentation;
				or
(d) undertake the project with
				no avoidance or mitigation measures.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.5 - Cultural Resources › Rule 12.8.508 - PALEONTOLOGICAL REMAINS

Current through Register Vol. 13, July 5, 2024
The department shall follow the procedures described in ARM
				  12.8.503 through
				  12.8.505 in assessing the impacts
				  of a project on paleontological remains.
Sec.
					 22-3-424 MCA; IMP, Sec.
					 22-3-424
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.5 - Cultural Resources › Rule 12.8.509 - MEMORANDUM OF AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) For a specific
				project or for a specific type of project, the department may propose to the
				SHPO procedures different from those described in ARM
				12.8.503 through
				12.8.505.
(2) The SHPO will respond to such request
				within ten working days of receipt of a request.
(3) Procedures agreed to by both the
				department and the SHPO for a specific project or specific types of projects
				may be incorporated into a memorandum of agreement, signed by both
				parties.
Sec.
					 22-3-424 MCA; IMP, Sec.
					 22-3-424
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.5 - Cultural Resources › Rule 12.8.510 - ANTIQUITIES PERMITS

Current through Register Vol. 13, July 5, 2024
The department will not permit anyone to excavate, or remove
				  any heritage property or paleontological remains on lands owned or controlled
				  by the department until the person seeking to excavate or remove materials
				  secures an antiquities permit from the SHPO and the department.
(1) The SHPO will provide the department with
				its recommendation on whether the permit should be granted based on the
				requirements of Section
				22-3-432, MCA.
(2) The department shall review the permit
				based on its management constraints for the site. With the concurrence of the
				SHPO it will send the permittee an approved permit only if the proposed work
				will not interfere with department management.
(3) The department may allow surveys of
				department lands for the purpose of identifying possible heritage property or
				paleontological remains without requiring the securing of an antiquities
				permit. Such surveys will not remove or disturb heritage properties or
				paleontological remains. The results of such surveys will be made available to
				the department and SHPO.
Sec.
					 22-3-424 MCA; IMP, Sec.
					 22-3-424
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.6 - Development › Rule 12.8.601 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) Section
				23-1-110, MCA, requires the
				commission to adopt rules which will establish a policy on specific procedures
				for considering improvements or development of state parks and fishing access
				sites that significantly change park or fishing access site features or use
				patterns. These rules must consider the wishes of users and the public, the
				capacity of the site for development, environmental impacts, long-range
				maintenance, protection of natural features and impacts on tourism.
Sec.
					 23-1-110 MCA; IMP, Sec.
					 23-1-110
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.6 - Development › Rule 12.8.602 - DEVELOPMENT OR IMPROVEMENT

Current through Register Vol. 13, July 5, 2024
(1) In implementing
				23-1-110, MCA, the commission
				considers the following improvement or development projects to be those that
				significantly change park or fishing access site features or use patterns:
(a) new roadways or trails built over
				undisturbed land;
(b) new buildings
				constructed (with the exception of vault latrines and other buildings under 100
				square feet);
(c) any excavation of
				20 cubic yards or greater;
(d) new
				parking lots built over undisturbed land or the expansion of an existing lot
				that increases the parking capacity by 25% or more;
(e) any new shoreline alteration that exceeds
				a double wide boat ramp or handicapped fishing station;
(f) any new construction into lakes,
				reservoirs or streams;
(g) any new
				construction in an area with National Registry quality cultural artifacts (as
				determined by the state historical preservation office); and,
(h) any new above ground utility
				lines.
(i) any increase or decrease
				in campsites of 25% or more of the existing number of campsites.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.6 - Development › Rule 12.8.603 - DEPARTMENT ACTION

Current through Register Vol. 13, July 5, 2024
(1) All improvement
				or development projects determined to be significant must comply with the
				review and report procedures set out in these rules prior to any final decision
				on their implementation.
Sec.
					 23-1-110 MCA; IMP, Sec.
					 23-1-110
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.6 - Development › Rule 12.8.604 - DRAFT REPORT

Current through Register Vol. 13, July 5, 2024
(1) A draft report
				shall be produced prior to the public review which addresses the following
				items:
(a) the "capacity for development"
				referred to in
				23-1-110(2) (b),
				MCA, which is further defined as the physical capacity of the site to withstand
				the proposed modifications and shall include the likely impacts on the
				resource. Specific items to be considered include the site's soil, water,
				terrain, natural features and all practicable ways to preserve site
				aesthetics;
(b) the impacts to the
				physical and human environment;
(c)
				compliance with the Montana Environmental Policy Act;
(d) projected operation and maintenance costs
				and funding sources over the useful life of the proposed improvements under the
				following assumptions or conditions:
(i) the
				life expectancy used in the analysis of the proposed improvements will not
				exceed 25 years; and
(ii) when
				sites generate income, that information shall be part of the
				analysis;
(e)
				information on the natural, cultural and historic features present on the
				site;
(f) the impacts, both
				positive and negative, that the site improvement or development will likely
				have on tourism where:
(i) tourism is defined
				as the guidance or management of tourists, who are individuals who make tours
				for pleasure or education; and,
(ii) site development projects will be sent
				to the department of commerce with a request for review as to the impacts on
				the tourism economy;
(g)
				how the proposed improvement or development project relates to long range
				department plans;
(h) desires of
				the public as expressed to the department, including comments received by the
				department which may be on file or user surveys; and
(i) site specific modifications as they
				relate to the park or fishing access site system as a whole.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.6 - Development › Rule 12.8.605 - PUBLIC COMMENT

Current through Register Vol. 13, July 5, 2024
(1) The public
				notification requirement of
				23-1-110, MCA shall be met by:
(a) Notice describing the proposed
				modification and comment period shall be published twice in local newspaper,
				the newspaper of the state capital, and on the state's electronic bulletin
				board. In addition, a statewide press release shall be sent to the print and
				broadcast media.
(b) The public
				notice shall detail the nature of the development or improvements, and state
				whether the department intends to hold a public meeting. If the department does
				not intend to hold a public meeting, an opportunity for a public meeting will
				be granted if requested by any one within the comment period provided in the
				notice. If such a request is made, notice of public meeting shall be published
				as provided in (1) (a).
(c) In the
				event a public meeting is held, it may take the form of:
(i) open houses;
(ii) informal hearings;
(iii) facilitated interactions; or
(iv) department presentations.
(d) The public shall be given the
				opportunity to submit verbal and written comments during the public meeting and
				to submit written comments for 30 days following the last publication of the
				notice provided in (1) (a).
(e)
				Mail-in comments shall be addressed to:
Montana Department of Fish, Wildlife and Parks
Design and Construction Bureau
P.O. Box 200701
Helena, Montana 59620-0701
(f) Comments shall be summarized and included
				in the final report; and
(g)
				Concerns shall be addressed in the final report without regard to whether they
				result in modifications of the final project plan.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.6 - Development › Rule 12.8.606 - FINAL REPORT

Current through Register Vol. 13, July 5, 2024
(1) A final
				development or improvement report shall be produced and filed in the respective
				fishery or parks division and available for public review. A copy of the report
				shall be sent to members of the public who commented and requested a copy of
				the report.
23-1-110, MCA; IMP,
					 23-1-110,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.7 - Primitive Fishing Access Sites › Rule 12.8.701 - DESIGNATION OF PRIMITIVE FISHING ACCESS SITES

Current through Register Vol. 13, July 5, 2024
(1) The department hereby designates certain
				fishing access sites as "primitive fishing access sites." The primary purpose
				of a fishing access site (FAS) owned or controlled by the department is to
				provide public access to public waters. Many of these sites should have a low
				level of development in keeping with their primary purpose. Therefore, future
				developments of primitive sites will be commensurate with the department's
				ability to maintain the sites for the primary purpose of providing access to
				public waters.
87-1-301, MCA; IMP,
					 87-1-301,
					 87-1-605,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.7 - Primitive Fishing Access Sites › Rule 12.8.702 - PRIMITIVE FISHING ACCESS SITES IN REGION 1

Current through Register Vol. 13, July 5, 2024
(1) The following sites are designated as
				primitive fishing access sites within Region 1:
(a) Blanchard Lake;
(b) Bootjack Lake;
(c) Ducharme;
(d) Horseshoe Lake - Ferndale;
(e) Loon Lake - Ferndale;
(f) McKay Landing;
(g) Skyles Lake;
(h) Swan River.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.7 - Primitive Fishing Access Sites › Rule 12.8.703 - PRIMITIVE FISHING ACCESS SITES IN REGION 2

Current through Register Vol. 13, July 5, 2024
(1) The following sites are designated as
				primitive fishing access sites within Region 2:
(a) Bass Creek;
(b) Cedar Meadows;
(c) Erskine;
(d) Forest Cooper;
(e) K.Ross Toole;
(f) Kohrs Bend;
(g) Marco Flats;
(h) Natural Pier;
(i) Poker Joe;
(j) Schwartz Creek;
(k) Scotty Brown Bridge;
(l) Tamarack Creek;
(m) Turah.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.7 - Primitive Fishing Access Sites › Rule 12.8.704 - PRIMITIVE FISHING ACCESS SITES IN REGION 3

Current through Register Vol. 13, July 5, 2024
(1) The following sites are designated as
				primitive fishing access sites within Region 3:
(a) Alder Bridge;
(b) Blackbird;
(c) Brogan's Landing;
(d) Cardwell;
(e) Chicory;
(f) Corrals;
(g) George Grant Memorial;
(h) Greenwood Bottoms;
(i) Grey Owl;
(j) High Bridge;
(k) Highway 89;
(l) Kalsta Bridge;
(m) Kirk Wildlife Refuge;
(n) Kountz Bridge;
(o) Mayflower Bridge;
(p) McAtee Bridge;
(q) Notch Bottom;
(r) Parrot Castle;
(s) Pennington Bridge;
(t) Pine Creek;
(u) Point of Rocks;
(v) Powerhouse;
(w) Queen of the Waters;
(x) Slip & Slide;
(y) Williams Bridge.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.7 - Primitive Fishing Access Sites › Rule 12.8.705 - PRIMITIVE FISHING ACCESS SITES IN REGION 4

Current through Register Vol. 13, July 5, 2024
(1) The following sites are designated as
				primitive fishing access sites within Region 4:
(a) Carroll Trail;
(b) Dearborn;
(c) Dunes;
(d) Eagle Island;
(e) Hardy Bridge;
(f) Lichen Cliff;
(g) Loma Bridge;
(h) Lower Carter Pond;
(i) Prickly Pear;
(j) Spite Hill;
(k) Truly Take-Out;
(l) Upper Carter Pond;
(m) White Bear.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.7 - Primitive Fishing Access Sites › Rule 12.8.706 - PRIMITIVE FISHING ACCESS SITES IN REGION 5

Current through Register Vol. 13, July 5, 2024
(1) The following sites are designated as
				primitive fishing access sites within Region 5:
(a) Absaroka;
(b) Beaver Lodge;
(c) Bridger Bend;
(d) Bull Springs;
(e) East Bridge;
(f) Homestead Isle;
(g) Horsethief Station;
(h) South Hills;
(i) Weymiller.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.7 - Primitive Fishing Access Sites › Rule 12.8.707 - PRIMITIVE FISHING ACCESS SITES IN REGION 6

Current through Register Vol. 13, July 5, 2024
(1) The following sites are designated as
				primitive fishing access sites within Region 6:
(a) Bjornberg Bridge;
(b) Faber Reservoir;
(c) Whitetail Reservoir.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.7 - Primitive Fishing Access Sites › Rule 12.8.708 - PRIMITIVE FISHING ACCESS SITES IN REGION 7

Current through Register Vol. 13, July 5, 2024
(1) The following sites are designated as
				primitive fishing access sites within Region 7:
(a) Broadus Bridge;
(b) Diamond Willow;
(c) Elk Island;
(d) Fallon Bridge;
(e) Seven Sisters;
(f) Twelve Mile Dam.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.7 - Primitive Fishing Access Sites › Rule 12.8.709 - DEVELOPMENTS AND IMPROVEMENTS ALLOWED AT FISHING ACCESS SITES

Current through Register Vol. 13, July 5, 2024
(1) The following management and development
				limitations will be applied to primitive fishing access sites. All new or
				future developments or improvements for primitive fishing access sites are
				limited as provided in this rule:
(a) no
				perimeter fencing unless necessary for the security of the site or to prevent
				conflicts off the site;
(b) access
				roads will be maintained in a condition which will prevent the degradation of
				the site and provide appropriate vehicular passage;
(c) no paved roads or paved parking
				areas;
(d) sign designating site
				and directional sign from the nearest public road and secondary
				highway;
(e) no latrine unless
				necessary for health and sanitation reasons as determined by the regional
				fishing access site manager or the local county sanitarian. Replacement
				latrines shall be allowed at all sites where latrines presently
				exist;
(f) no potable water will be
				developed or provided;
(g) boat
				ramp development must be limited to a single lane ramp only;
(h) no developed camping or picnic
				areas;
(i) barriers may be
				installed or placed to prevent unauthorized off-road travel at the
				site;
(j) standard regulation,
				public safety, and interpretive signs may be placed at the site.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.8 - State Parks Public Use Regulations (Repealed) › Rule 12.8.801 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 23-1-106,
					 23-1-111, MCA; IMP:
					 23-1-106,
					 23-1-111,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.8 - State Parks Public Use Regulations (Repealed) › Rule 12.8.802 - PROPERTY DISTURBANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 23-1-106,
					 23-1-111, MCA; IMP:
					 23-1-106,
					 23-1-111,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.8 - State Parks Public Use Regulations (Repealed) › Rule 12.8.803 - CAMPING AND LODGING (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 23-1-106,
					 23-1-111, MCA; IMP:
					 23-1-106,
					 23-1-111,
					 MCA