36.25.161 GENERAL RECREATIONAL USE OF STATE LANDS: OTHER PROVISIONS
(1) Nothing in ARM 36.25.143 through
36.25.162 authorizes a recreationist to enter private land to reach state lands
or to enter private land from state lands. A recreationist may not enter
private land from adjacent state lands, regard-
less of the absence of fencing or failure of the owner to provide notice, without
permission of the landowner or his agent.
(2) Under 77-1-806(2) ,
MCA, entry onto private land from state land by a recreationist without
permission of the landowner is a misdemeanor, whether or not the recreationist
knows he or she is on private land.
(3) Recreationists are
responsible for determining whether state lands are legally accessible. The
recreationist is encouraged to contact landowners to determine boundaries and
to use accurate maps.
(4) Before the department
designates roads on state lands as open for public access pursuant to ARM
36.25.149, it shall mail notice of the proposed designation to the lessee.
(5) Any person may petition the
board to include within the definition of general recreational use any type of
recreation other than hunting and fishing. The petition must be in writing, be
signed, and include a statement of the reasons why the use petitioned for
should be included subject to the general recreational use license. It must be
filed with the director, who shall bring the petition before the board.
History: 77-1-209 and 77-1-804, MCA; IMP, 77-1-804 and 77-1-806, MCA; NEW, 1992 MAR p. 568, Eff. 3/27/92; TRANS, 1996 MAR p. 23841.