Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.1 - Surface Management Rules › Rule 36.25.146 - GENERAL RECREATIONAL USE OF STATE LANDS: LICENSE REQUIREMENT

Current through Register Vol. 13, July 5, 2024
(1) Subject to restrictions imposed pursuant
				to ARM 36.25.149 and
				36.25.153 and closures imposed
				pursuant to ARM
				36.25.150,
				36.25.152, and 36.25.153, state
				lands administered by the department, except those lands described in ARM
				36.25.144, are open to general
				recreational use to a person under the age of 12 years or a person 12 years old
				or older who obtains a recreational use license, signs that license, and has a
				valid signed license in his or her possession. Under
				77-1-801, MCA, general
				recreational use without a license is a misdemeanor.
(2) A general recreational use license is
				issued for a 12-month period beginning on March 1 of each year and expiring on
				the last day of February of the next year. The cost of a general recreational
				use license is $5 before March 1, 1996. After February 29, 1996, the cost of
				the license is $5 for persons 17 years of age or younger or 60 years of age or
				older. The cost of the license for persons who are older than 17 and younger
				than 60 is $10. Family members living within the same household may obtain
				recreational use licenses by paying a family fee of $20. The license is
				personal and non-transferable. It may be purchased at any authorized license
				agent of the department of fish, wildlife and parks. Any person may purchase a
				recreational use license for a spouse, parent, child, brother, or sister, but
				the license is not valid until signed by the person in whose name it is
				issued.
(3) A person who uses state
				lands for general recreational use shall abide by the restrictions imposed
				pursuant to ARM
				36.25.149 and may not use for
				general recreational purposes state lands that have been closed pursuant to ARM
				36.25.150, 36.25.152, or 36.25.153. Violations of this provision subjects the
				violator to civil penalties pursuant to ARM
				36.25.157.
(4) No lessee or other person may interfere
				with a person who is making lawful general recreational use of state lands in
				accordance with this rule. Violation of this provision subjects the violator to
				civil penalties pursuant to ARM 36.25.157. The lessee may, without such
				interference, make inquiry concerning the status of those using state
				lands.
(5) Under
				77-1-801(2) and
				(3), MCA, a person must, upon request of a
				fish and game warden, present for inspection his or her recreational use
				license. Failure to present the license is a misdemeanor.
(6) A person who is engaging in general
				recreational use on state land shall, upon request of a department employee,
				present his or her recreational use license for inspection. Failure to present
				the license subjects the recreationist to a civil penalty pursuant to ARM
				36.25.157.
(7) A person who is
				engaging in general recreational use on private land that has been opened
				pursuant to an exchange under ARM
				36.25.152 shall, upon request of a
				department employee or a fish and game warden, present his or her recreational
				use license for inspection. Failure to present the license subjects the
				recreationist to a civil penalty pursuant to ARM 36.25.157.
77-1-106,
					 77-1-209,
					 77-1-802, and
					 77-1-804, MCA; IMP,
					 77-1-106,
					 77-1-801,
					 77-1-802,
					 77-1-804, and
					 77-6-210,
					 MCA;