2007 Montana Legislature

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HOUSE BILL NO. 424

INTRODUCED BY D. BARRETT

 

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE MONTANA STREAM ACCESS LAW BY REQUIRING THE FISH, WILDLIFE, AND PARKS COMMISSION TO IDENTIFY AND MARK ALL PUBLIC ACCESS SITES TO SURFACE WATERS TO WHICH THE PUBLIC HAS THE RIGHT OF RECREATIONAL USE, TO ASSESS THE IMPACT OF RECREATIONAL USE OF SURFACE WATERS ON FISH AND WATER QUALITY PURSUANT TO THE MONTANA ENVIRONMENTAL POLICY ACT, AND TO PROVIDE AN ANNUAL REPORT TO THE LEGISLATURE REGARDING STREAM ACCESS ENFORCEMENT ISSUES; AMENDING SECTION 23-2-302, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 23-2-302, MCA, is amended to read:

     "23-2-302.  Recreational use permitted -- limitations -- exceptions. (1) Except as provided in subsections (2) through (5), all surface waters that are capable of recreational use may be so used by the public without regard to the ownership of the land underlying the waters.

     (2)  The right of the public to make recreational use of surface waters does not include, without permission or contractual arrangement with the landowner:

     (a)  the operation of all-terrain vehicles or other motorized vehicles not primarily designed for operation upon the water;

     (b)  the recreational use of surface waters in a stock pond or other private impoundment fed by an intermittently flowing natural watercourse;

     (c)  the recreational use of waters while diverted away from a natural water body for beneficial use pursuant to Title 85, chapter 2, part 2 or 3, except for impoundments or diverted waters to which the owner has provided public access;

     (d)  big game hunting except by long bow or shotgun when specifically authorized by the commission;

     (e)  overnight camping within sight of any occupied dwelling or within 500 yards of any occupied dwelling, whichever is less;

     (f)  the placement or creation of any permanent duck blind, boat moorage, or any seasonal or other objects within sight of or within 500 yards of an occupied dwelling, whichever is less; or

     (g)  use of a streambed as a right-of-way for any purpose when water is not flowing therein in the streambed.

     (3)  The right of the public to make recreational use of class II waters does not include, without permission of the landowner:

     (a)  big game hunting;

     (b)  overnight camping;

     (c)  the placement or creation of any seasonal object; or

     (d)  other activities which that are not primarily water-related pleasure activities as defined in 23-2-301(10).

     (4)  The right of the public to make recreational use of surface waters does not grant any easement or right to the public to enter onto or cross private property in order to use such surface waters for recreational purposes.

     (5)  The commission shall adopt rules pursuant to 87-1-303, in the interest of public health, public safety, or the protection of public and private property, governing recreational use of class I and class II waters. These rules must include the following:

     (a)  the establishment of procedures by which any person may request an order from the commission:

     (i)  limiting, restricting, or prohibiting the type, incidence, or extent of recreational use of a surface water; or

     (ii) altering limitations, restrictions, or prohibitions on recreational use of a surface water imposed by the commission;

     (b)  provisions requiring the issuance of written findings and a decision whenever a request is made pursuant to the rules adopted under subsection (5)(a); and

     (c)  a procedure for the identification of streams within class II waters which that are not capable of recreational use or are capable of limited recreational use, and a procedure to restrict the recreational use to the actual capacity of the water.

     (6) The commission shall:

     (a) identify and mark all legal public access sites to surface waters to which the public has the right to make recreational use pursuant to this part;

     (b) assess the impact of the recreational use of surface waters on fish and water quality pursuant to the Montana Environmental Policy Act; and

     (c) provide an annual report to the legislature concerning enforcement issues that arose during the preceding year related to the use of public access sites by landowners and recreationists, including but not limited to trespass and interference with right-of-way.

     (6)(7)  The provisions of this section do not affect any rights of the public with respect to state-owned lands that are school trust lands or any rights of lessees of such school trust lands."

 

     NEW SECTION.  Section 2.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of HB 424 (HB0424.01)
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