Stream Access Law
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TRESPASS LEGISLATION. This legislation states that COURTESY – Making the law work. Before discussing the law in If you are a landowner, please respect the rights of recreationists to a member of the public has the privilege to enter or remain on detail, the Department of Fish, Wildlife & Parks stresses its belief enjoy our rivers and streams and take their safety into consideration. private land by the explicit permission of the landowner or his that no amount of legislative action or rulemaking can do more to agent or by the failure of the landowner to post notice denying TREAM ACCESS promote harmony between landowners and recreationists than the THE STREAM ACCESS LAW. The law says that, in general, all entry onto the land. The landowner may revoke the permission S individual actions of the parties concerned. Because the success surface waters capable of recreational use may be so used by the by personal communication. (For more detail see H.B. 911 from IN MONTANA or failure of the law hinges on the behavior of the landowners and public without regard to the ownership of the land underlying the the 1985 session.) recreationists, we cannot overemphasize the need for cooperation waters. It also states that recreationists can use rivers and streams and mutual respect. up to the ordinary high-water mark. The law does not address The law states that any notice denying entry must consist of written Rights and Responsibilities recreational use of lakes; it applies only to rivers and streams. notice or of notice by painting a post, structure or natural object with Please remember. If you are a recreationist, we encourage you to at least 50 square inches of fluorescent orange paint. In the case of Landowners seek landowner permission before pursuing any activities on private of a metal fencepost, the entire post must be painted. This notice lands. Doing so is always good policy. The law defines surface water, recreational use, and ordinary high- must be placed at each outer gate and all normal points of access to and Recreationists Also, please: water mark as follows: the property and wherever a stream crosses an outer boundary line. 1) Respect the rights of landowners whenever you recreate on waterways that cross or flow adjacent to their properties. Surface water means a natural river or stream, its beds and banks Montana law further requires that landowner permission is required 2) Remember that the law permits recreation only within the ordinary high-water up to the ordinary high-water mark. for all hunting on private property. marks. If you must portage around obstructions, do so in the least intrusive manner possible. Recreational use means fishing, hunting, swimming, floating in The law also extends the authority of game wardens to enforce 3) Leave all fences intact – they are there for a purpose. small craft or other flotation devices, boating in motorized craft 4) Remember that overnight camping between the ordinary high-water marks the criminal mischief, criminal trespass and litter laws to all lands of Class I waters bordered by private land is only permissible when it is (except where prohibited by law), boating in craft propelled by being used by the public for recreational purposes. necessary for the enjoyment of the water resource. oars or paddles, other water-related pleasure activities, and related 5) If you must build a fire, choose a safe location, and if possible, use an existing unavoidable or incidental uses. The law imposes certain restrictions NATIONAL PARKS, INDIAN RESERVATIONS AND WILDLIFE fire ring. Attend to the fire at all times and be sure it is completely out before on some forms of recreation. These restrictions are listed later in REFUGES. Certain waters on national parks, Indian reservations leaving. Remember that you have no right to gather firewood above the this brochure. and wildlife refuges may have special rules. Specific information ordinary high-water marks without landowner permission. 6) If a dog accompanies you on your outing, keep it from harassing livestock Ordinary high-water mark means the line that water impresses may be obtained from the headquarters of the park, reservation or and keep it within the high-water marks of the stream. refuge involved. on land by covering it for sufficient time to cause different 7) Know that you must always obtain permission from the landowner to hunt, characteristics below the line, such as deprivation of the soil of including nongame and predators, on private property. Also note that the ACCESS FROM COUNTY ROADS AT BRIDGE CROSSINGS. substantially all its terrestrial vegetation and destruction of its stream access law does not authorize big game hunting on private land value for agricultural vegetation. Flood plains next to streams are Recreationists may gain access to streams and rivers from a county between the high-water marks. For waterfowl hunting and all other hunting road right-of-way at bridge crossings. However, recreationists other than big game hunting, keep safety in mind at all times, and ask considered to be above the ordinary high-water mark, and are not should be aware that access at a bridge could be restricted 1) by a permission to retrieve game above the ordinary high-water marks. Do not open for recreation without permission. county commission for public safety and 2) access at some bridges discharge firearms near dwellings or livestock. may be restricted where the establishment of the county road right- 8) Note that your activities must be restricted to those that are water-related of-way did not allow access to the stream or river. pleasure activities. It is your responsibility to find out in advance if the river or stream you plan to use can support the water-based recreational activities you have in mind at that time of the year. Typical Stream Cross-Section* NEED MORE INFORMATION? For further information This brochure summarizes the ways in which 9) Note that the Department interprets the Stream Access Law to allow hiking concerning the contents of this brochure, please contact FWP’s in streams only if the land is not posted as required by trespass legislation, Conservation Education Division in Helena at (406) 444-2535, Montana’s 1985 stream access law affects the which is discussed later in this brochure. If the land is posted as required by or one of the regional offices at the following telephone numbers: recreational use of the state’s rivers and streams and law, hiking without landowner permission and using the stream as a right of way or to gain access is prohibited unless it is incidental to other water-related Region 1 (Kalispell) 752-5501 incorporates the ways the law has been interpreted recreation, such as fishing, being pursued by the recreationist between the Region 2 (Missoula) 542-5500 by the courts in Montana. ordinary high-water marks. FWP also maintains a Region 3 (Bozeman) 994-4042 10) Note that it is illegal to trespass to get to a stream. toll-free number Region 4 (Great Falls) 454-5840 11) Remember that littering is strictly prohibited. (1-800-TIP-MONT), Region 5 (Billings) 247-2940 The law states that rivers and streams capable 12) Note that Montana’s Attorney General has held that the stream access which may be used to law does not apply to the trapping of fur-bearing animals. Region 6 (Glasgow) 228-3700 of recreational use may be so used by the public 13) Remember that your water-related activities between the high-water marks report violations. Region 7 (Miles City) 234-0900 regardless of streambed ownership. It also states MUST be of minimal impact and necessary to the utilization of the water itself. * Although this is typical of some stream cross-sections, many other that certain activities require landowner permission. 14) Above all, keep the rights of landowners in mind, and if you have any doubt Copies of the law may be obtained by sending a request to the situations exist. Also, vegetation such as grass, sedges or willows can Because the law affects your rights and responsibilities concerning the activities you can legally pursue on waterways Montana Legislative Services Division, State Capitol, PO Box next to private lands, make it a habit to ask permission first from the owners exist within the ordinary high-water marks. When in doubt, refer to the 201706, Helena MT 59620-1706, or by calling (406) 444-3064. as a landowner or recreationist, the information that of these lands. Remember, asking first is always a good policy. definition of ordinary high-water mark. This publication was revised in January, 2005. follows may be of interest to you. Big Hole River - from Fishtrap Fishing Access Site • overnight camping, unless necessary for the enjoyment of the water In all cases recreationists must keep portages to a minimum, and downstream from Wisdom to its confluence with the Jefferson resource AND it is done out of sight of, or more than 500 yards from, any should realize that landowners may place fences and other barriers Gallatin River - from Taylors Fork to its confluence with occupied dwelling. Any necessary camping done on Class I waters within across streams for purposes of land or water management or to the Missouri sight of or within 500 yards of an occupied dwelling (whichever is less) establish land ownership, if otherwise allowed by law. requires landowner permission; Jefferson River - to its confluence with the Missouri • the placement or creation of any permanent duck blind, boat moorage, Madison River - from Quake Lake to its confluence with the or any other permanent object; The Department of Fish, Wildlife & Parks will provide assistance Missouri • the placement or creation of any seasonal objects, such as a duck blind to any landowner in designing and locating fences that do not Dearborn River - from the Highway 434 bridge to its or boat moorage, unless necessary for the enjoyment of that particular interfere with recreational use of streams.