Montana Code Annotated 2023



Part 8. Recreational Use of State Lands

Prior Notification To Lessee Of Recreational Use -- Trespass -- Penalty

77-1-806. Prior notification to lessee of recreational use -- trespass -- penalty. (1) If a lessee of state lands under this part desires to be notified prior to anyone entering upon the leasehold, the lessee shall post, at customary access points, signs provided or authorized by the department. The signs must set forth the lessee's or the lessee's agent's name, address, telephone number, and method of notification. The lessee or the lessee's agent must be available to receive notice from recreational users or provide an alternative means for notice as prescribed by rule. When state land is posted, recreational users shall contact and identify themselves to the lessee or the lessee's agent for the purposes of minimizing impact upon the leasehold interest and learning the specific boundaries of adjacent unfenced private property.

(2) Each recreational user of state lands shall obtain permission of the lessee or the lessee's agent before entering the adjacent private property owned by the lessee. Entry to private property from adjacent state lands without permission of the landowner or the landowner's agent is an absolute liability offense. A violator of this subsection is guilty of a misdemeanor and shall be fined not less than $50 or more than $500 or imprisoned in the county jail for not more than 6 months, or both.

(3) A person may be found guilty of the offense described in subsection (2) regardless of the absence of fencing or failure to post a notice in accordance with 45-6-201.

(4) The use of a ford or crossing on a navigable river or stream by the adjacent landowner may not be considered a trespass for the purposes of this section.

History: En. Sec. 15, Ch. 609, L. 1991; amd. Sec. 2544, Ch. 56, L. 2009; amd. Sec. 9, Ch. 472, L. 2009.