Montana Administrative Code

36.25.109 RECLASSIFICATION Any person desiring to lease a tract of state land or portion thereof for any use other than the present classification must submit an application proposing such alternative use. If such application is received from anyone other than from the existing l…

36.25.110 MINIMUM RENTAL RATES All leases on agricultural lands shall be continued or made upon a crop share rental basis of not less than one-fourth of the annual crops to the state or the usual landlord's share prevailing in the district, whichever is greater. For purposes of t…

36.25.1101 DEFINITIONS When used in this subchapter, unless a different meaning clearly appears from the context: "Bed" means an area on or above state-owned land between the low-water marks of a navigable river channel, excepting any portion of the land greater than 50 feet vert…

36.25.1102 PURPOSE AND APPLICABILITY Pursuant to Article X, Section 11(1) of the 1972 Montana Constitution and 70-1-202(1) and 77-1-102(2), MCA, the title to all navigable rivers is held by the board in trust for the benefit of the public. The board, through the department as the…

36.25.1103 SEVERABILITY If any part of ARM 36.25.1101 through 36.25.1108 is found to be invalid, all valid parts that are severable from the invalid part remain in effect in one or more of its applications, the part remains in effect in all valid applications that are severable f…

36.25.1104 AUTHORIZATION FOR USE OF NAVIGABLE WATERWAYS Except as otherwise provided in this rule, the following shall require prior written authorization from the department: fixed structures placed within the bed of a navigable river or suspended above the bed of a navigable ri…

36.25.1105 FEES FOR USES IN NAVIGABLE WATERWAYS The lease, license, or easement area shall consist of the footprint only. The application fee for a land use license, lease, or easement for a use of the bed of a navigable waterway is $50. The annual fee for a land use license for …

36.25.1106 SELECTION OF LEASE, LICENSE, OR EASEMENT An applicant may apply for a land use license for a noncommercial or nonresidential use of the bed of a navigable river requiring a term of ten years or less. An applicant may apply for a lease for commercial or residential use …

36.25.1107 RELOCATION AND EXPANSION OF FOOTPRINT; CHANGE OF USE The holder of a lease, license, or easement for a water diversion associated with an existing water right shall submit a notice to the department on a form as prescribed by the department when a footprint or associat…

36.25.1108 HISTORICAL USES IN NAVIGABLE WATERWAYS Persons using the bed of a navigable river adjudicated before October 1, 2011, without written authorization from the department prior to October 1, 2011, that wish to continue the use must complete an application prescribed by th…

36.25.111 COMPETITIVE BIDDING All competitive bids for grazing leases or licenses shall be submitted in the form of dollars and cents per AUM. A bid may not be for less than the minimum rental rate per AUM for that year determined in accordance with ARM 36.25.110. If in any succe…

36.25.112 PAYMENT DUE DATES For grazing leases and licenses, the grazing portion of leases and licenses containing both agricultural and grazing land, and agricultural leases not based on a crop share: the department will send written notices to the address on the lease or licens…

36.25.113 LEASE AND LICENSE REPORTS The lessee or licensee is required to submit various reports on forms supplied by the department, including but not limited to the following: An agricultural seeding report form shall be completed and returned to the department for each section…

36.25.114 DISPOSAL OF CROPS The lessee or licensee shall deliver all grain crops to an elevator on or before November 15 in the year of harvest, free of charges, taxes, or assessments to the credit of the state. If elevators cannot accommodate state grain at harvest time, the les…

36.25.115 ISSUANCE OF LEASE OR LICENSE ON UNLEASED OR UNLICENSED AND RECLASSIFIED LAND A person who desires to lease or license unleased or unlicensed state land may apply on the standard application form prescribed by the department. The application form must be returned to the …

36.25.116 ISSUANCE OF LEASE OR LICENSE ON LAND CURRENTLY UNDER LEASE OR LICENSE Any interested person may request notice of the expiration of any lease or license. Such requests shall be in writing and shall include an adequate description of the state land involved and the addre…

36.25.117 RENEWAL OF LEASE OR LICENSE AND PREFERENCE RIGHT The board retains the right to select the best lessee possible to fulfill the operating obligations under any lease. In the exercise of the board's discretion to select the best lessees possible for agriculture and grazin…

36.25.118 ASSIGNMENTS Lessees or licensees desiring to assign a lease or license may apply on the standard application form prescribed by the department. No assignment will be approved unless it is made upon the form prescribed by the department. An assignment in order to be bind…

36.25.119 SUBLEASING A lessee or licensee desiring to sublease may apply on the standard application form prescribed by the department. A sublease in order to be legal must be approved by the department. A sublease will only be approved if all rentals or other payments or reports…

36.25.120 PASTURING AGREEMENTS A lessee or licensee who has filed and obtained approval for an annual pasturing agreement prior to entering into such agreement shall be exempt from ARM 36.25.117 if he has complied with the terms of such agreement as approved by the department.Suc…

36.25.1201 OVERVIEW ARM 36.25.1201 through 36.25.1212 regulate the recreational use of state trust land managed by the Department of Natural Resources and Conservation. These lands appear in light blue on most land status maps. The Board of Land Commissioners has the duty and aut…

36.25.1202 DEFINITIONS Wherever used in ARM 36.25.1201 through 36.25.1212, unless a different meaning clearly appears from the context: "Board" means the Board of Land Commissioners, as described in the Montana Constitution. "Closure" means prohibition of all general recreational…

36.25.1203 LICENSE REQUIREMENTS FOR GENERAL RECREATION A recreational use license is required by any person 12 years of age or older for general recreational use of state trust land. Whether there is an agreement between the department and the Department of Fish, Wildlife and Par…

36.25.1204 GENERAL RECREATION RULES AND RESTRICTIONS The following provisions apply to persons engaging in general recreational use of state trust land: A recreational use license as described in ARM 36.25.1203 is required by any person 12 years of age or older. A recreationist m…

36.25.1205 NOTICE TO LESSEES PRIOR TO ENTRY If a lessee wishes to be notified before a recreationist enters the leased land for general recreational use, the lessee shall: post signs, or duplicates of signs, provided by the department at all customary access points with direction…

36.25.1207 CLOSURE OF STATE TRUST LAND TO RECREATIONAL USE The following state trust land is categorically closed to general recreational use: land leased for cabin sites or home sites; agriculture lease areas with growing crop; land leased for military use while military activit…

36.25.1208 ROADS Before designating a road on leased state trust land as open for recreational motorized use, the department shall notify the lessee. Authorizing statute(s): 77-1-209, 77-1-804, MCA Implementing statute(s): 77-1-804, 77-1-806, MCA History: NEW, 2025 MAR, Notice No…

36.25.1209 INTERAGENCY LAND MANAGEMENT AGREEMENTS State trust land may be enrolled in a block management area or wildlife management area established by the Department of Fish, Wildlife and Parks pursuant to a written agreement executed by the department. No state trust land is i…

36.25.121 CANCELLATION OF LEASE OR LICENSE The department may cancel any lease or license if the lessee or licensee commits fraud or misrepresents facts to the department which, if known, would have had an effect on the issuance of the lease or license, uses the land for any purp…

36.25.1210 SPECIAL RECREATIONAL USE No special recreational use of state trust land may occur without a special recreational use license. Special recreational use licenses are issued at department discretion. The cost of the license is determined by the department based on the fu…

36.25.1212 PENALTIES Pursuant to 77-1-804(8), MCA, if the department and the Department of Fish, Wildlife and Parks consent to and sign an agreement for general recreational use as provided in 77-1-815, MCA, a person who violates a department rule that governs general recreationa…

36.25.122 MORTGAGES AND PLEDGES As provided in 77-6-401 through 77-6-404, MCA, state land leases or licenses and leasehold interests may be pledged or mortgaged by the lessee or licensee. The pledgee or mortgagee shall file the pledge or mortgage or certified copy thereof with th…

36.25.123 ESTATES In the event of a lessee's or licensee's death, the lease or license shall be transferred to the decedent lessee's or licensee's estate. The department shall consider the estate to be the lessee or licensee until such time as proof of different ownership is rece…

36.25.124 SURRENDERS AND CONSOLIDATION OF LEASES OR LICENSES A lessee or licensee who wishes to surrender his lease or license in whole or in part must submit a request to the department for approval. Also upon request, 2 or more leases or licenses may be combined when held by th…

36.25.125 IMPROVEMENTS A lessee or licensee may place improvements on state land which are necessary for the conservation or utilization of such state land with the approval of the department. The lessee or licensee shall apply for permission prior to placing any improvements on …

36.25.126 CONSERVATION MEASURES A lessee or licensee shall not destroy, obliterate, damage or allow the same of any conservation measures placed on state lands. Failure to comply with this rule may result in the cancellation of the lease or license. In addition, the lessee or lic…

36.25.127 DOMESTIC SHEEP GRAZING IN BIGHORN SHEEP HABITAT If a lessee/licensee has not grazed domestic sheep on the state tract at any time during the previous 10 years, and if the lessee/licensee requests a change to domestic sheep, then the department shall prepare a Montana En…

36.25.128 SALES Except as provided in ARM 36.25.701 through 36.25.708, the board may sell any land under lease or license under the same terms and conditions as land not under lease or license. The board shall notify the lessee prior to such sale and at least six months prior to …

36.25.129 SALE OF CABINSITES AND CITY OR TOWN LOTS: APPLICATION AND NOTICE PROCEDURES (REPEALED) Authorizing statute(s): 77-2-328, MCA Implementing statute(s): 77-2-318 and 77-2-319, MCA History: NEW, 1990 MAR p. 2284, Eff. 12/28/90; TRANS, 1996 MAR p. 2384; REP, MAR 2004 p. 2399…

36.25.130 SALE OF CABINSITES AND CITY OR TOWN LOTS: BIDDING AND FINAL BOARD DETERMINATION (IS HEREBY REPEALED) Authorizing statute(s): 77-2-328, MCA Implementing statute(s): 77-2-318 and 77-2-321, MCA History: NEW, 1990 MAR p. 2284, Eff. 12/28/90; TRANS, 1996 MAR p. 2384; REP, MA…

36.25.131 SALE OF CABINSITES AND CITY OR TOWN LOTS: IMPROVEMENTS (REPEALED) Authorizing statute(s): 77-2-328, MCA Implementing statute(s): 77-2-318, 77-2-325, MCA History: NEW, 1990 MAR p. 2284, Eff. 12/28/90; TRANS, 1996 MAR p. 2384; REP, 2013 MAR p. 2423, Eff. 12/27/13.

36.25.132 WEEDS, PESTS, AND FIRE PROTECTION A lessee or licensee of state land shall keep the land free of noxious weeds and pests and assume responsibility for fire prevention and suppression necessary to protect the forage, trees, and improvements. The lessee or licensee shall …

36.25.133 RESERVATIONS The state reserves to itself and its representatives and authorized lessees and licensees the right to enter upon state lands for the purposes contained within the lease or license. The state also reserves the right for itself and representatives to enter u…

36.25.134 WATER RIGHTS If a water right is or has been developed on state land by the lessee or licensee for use on the leased or licensed land, such water right shall belong to the state. The lessee or licensee shall be entitled to compensation for the reasonable value of the im…

36.25.135 EASEMENTS The state reserves to itself the right to grant easements for public purposes on state lands, the surface of which is leased or licensed. The board may grant easements upon state lands without the prior consent of a lessee or licensee. However, the board will …

36.25.136 LICENSES The department may issue licenses for any secondary use of state land other than its primary classification except for timber sale permits and agreements when such use is compatible with the department's multiple use objective. Any person desiring a license sha…

36.25.137 CABINSITES (REPEALED) Authorizing statute(s): 77-1-209, MCA Implementing statute(s): 77-1-208, 77-1-202, MCA History: NEW, 1987 MAR p. 17, Eff. 1/16/87; TRANS, 1996 MAR p. 2384; REP, 2010 MAR p. 1293, Eff. 5/28/10.

36.25.138 LESSEE OR LICENSEE DAMAGE COMPENSATION REQUIREMENTS When the board or department issues a lease or license on property upon which a lease or license of a different type already exists, the existing lessee or licensee shall be compensated by the more recent lessee or lic…

36.25.139 CULTURAL RESOURCES INVENTORY In the event a cultural resources inventory is necessary prior to the issuance of a lease, license, easement or other land use authorization the department may, in its discretion, require the applicant to provide the department with a copy o…

36.25.140 RESOURCE DEVELOPMENT PROJECT REQUESTS Any lessee of state land may request that the department consider a resource development project. In order to consider such project the department may require the lessee to furnish certain information including a description of the …