Montana Administrative Code

12.11.615 BLACKFOOT RIVER The Blackfoot River and its tributaries are closed to use of any motorized watercraft from the headwaters of the Blackfoot River to the confluence with the Clark Fork River. A portion of the Blackfoot River is within the Blackfoot River Recreation Corrid…

12.11.616 BLACKFOOT RIVER RECREATION CORRIDOR The Blackfoot River Recreation Corridor includes: a portion of the Blackfoot River from the Missoula-Powell County line downstream to Johnsrud Park Fishing Access Site; and a portion of the Clearwater River from Highway 200 downstream…

12.11.619 BOULDER RIVER The Boulder River and its tributaries are closed to all motorized watercraft, as defined in 23-2-502, MCA, except: motorized watercraft 10 horsepower or less are permitted from the Natural Bridge Falls to the Yellowstone River from April 1 to September 30.…

12.11.620 CLARK FORK RIVER The Clark Fork River and its tributaries, unless specified elsewhere in this chapter, are closed to all motorized watercraft, including personal watercraft as defined in 23-2-502, MCA, except: from Kelly Island (Spurgin Road) Fishing Access Site boat ra…

12.11.6201 LAKE ELMO Lake Elmo is located in Yellowstone County. Lake Elmo is limited to manually operated watercraft and watercraft power by electric motors. Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-106, 87-1-303, MCA History: NEW, 2001 MAR p…

12.11.625 CLEARWATER RIVER In Missoula County the Clearwater River is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas: from the outlet of Seeley Lake to the first bridge downstream from Camp Paxon swim dock; and the portion of the riv…

12.11.630 MISSOURI RIVER In Broadwater County the Missouri River is closed to all swimming, boating, sailing and floating in the following areas: between Toston dam and 300 feet downstream of the dam; and the reservoir between the Toston dam and the boat barrier. In Cascade Count…

12.11.6301 BITTERROOT RIVER COMMERCIAL USE PERMIT Any commercial fishing and floating operators are prohibited to operate without a permit between Painted Rocks Dam and Wally Crawford Fishing Access Site. The number of permits available will be established through the following o…

12.11.6302 BITTERROOT RIVER COMMERCIAL USE PERMIT RESTRICTIONS Bitterroot River commercial use permit holders are restricted to two launches per section per day from June 1 to September 15 in the following areas: Painted Rocks Dam to Applebury Forest Service Site; Applebury Fores…

12.11.6306 REVIEW OF RIVER RECREATION RULES FOR BITTERROOT RIVER The commission shall review the rules governing recreational use on the Bitterroot River every five years starting in 2022. Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-303, MCA History: NEW, …

12.11.633 SHIELDS RIVER The Shields River is locatedin Park and Meagher counties. The Shields River and its tributaries are closed to any motorized watercraft from the headwaters of the Shields River to the confluence with the Yellowstone River. Authorizing statute(s): 87-1-303, …

12.11.635 SMITH RIVER Smith River is closed to use for any motor-propelled watercraft in the following counties: Cascade County; and Meagher County. Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-106, 87-1-303, MCA History: NEW, 2001 MAR p. 18, Eff.…

12.11.640 SWAN RIVER Swan River is located in Flathead and Lake counties. In Lake County, the Swan River is limited to a controlled no wake speed, as defined in ARM 12.11.101, in the following area: from the mouth of Swan Lake to Porcupine Bridge approximately 4 1/2 miles. In Fla…

12.11.645 WHITEFISH RIVER Whitefish River is located in Flathead County. Whitefish River is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), from its confluence with Whitefish Lake to the bridge on JP Road. Whitefish River is limited to manually and electric…

12.11.650 LIST OF COUNTIES WITH EXCEPTIONS The following is a list of counties wherein rivers and streams are regulated and the rules which explain those regulations and the exceptions: Beaverhead County ARM 12.11.701 Broadwater County ARM 12.11.1005 Butte Silver Bow County ARM 1…

12.11.6501 PURPOSE OF THE BLACKFOOT SPECIAL RECREATION PERMIT RULES The purpose of this subchapter is to establish a special recreation permit program for commercial use, competitive events, and organized group activities occurring on the Blackfoot River or lands adjacent to the …

12.11.6505 SPECIAL RECREATION PERMIT DEFINITIONS "Commercial use" means recreational use of lands owned or managed by the department and related waters for business or financial gain and includes any person, group or organization, including nonprofit organizations and academic in…

12.11.6510 APPLICABILITY This subchapter applies to: all legally accessible portions of the Blackfoot River from its headwaters to its confluence with the Clark Fork River near Bonner, Montana; the North Fork of the Blackfoot River downstream from the United States forest service…

12.11.6515 WHEN A SPECIAL RECREATION PERMIT IS REQUIRED Except as provided in ARM 12.11.6520, special recreation permits must be obtained for: commercial use; a competitive event; or an organized group activity. The special recreation permit implemented by this subchapter is issu…

12.11.6520 BLACKFOOT RIVER PERMIT WAIVERS The department may waive the requirement to obtain a special recreation permit for a competitive event or organized group activity if the event or activity: is not commercial; does not award cash prizes; is not publicly advertised; poses …

12.11.6525 SPECIAL RECREATION PERMITS AND HUNTING, TRAPPING AND FISHING LICENSES Persons holding a valid department license do not need a special recreation permit to hunt, fish or trap. Persons hunting, fishing, or trapping shall comply with hunting, fishing and trapping license…

12.11.6530 APPLYING FOR SPECIAL RECREATION PERMITS All persons sponsoring or conducting commercial uses and competitive events requiring a special recreation permit should apply to the department at least 60 days before the use is intended to begin in order for the department to …

12.11.6535 SPECIAL RECREATION PERMIT: REQUIRED APPLICATION INFORMATION An application for a special recreation permit must include: a completed special recreation application and permit form; and other relevant information in sufficient detail to allow the department to evaluate …

12.11.6540 PERMITTING DECISIONS The department has discretion over whether to issue a special recreation permit. Permitting decisions are based on the following factors to the extent that they are relevant: conformance with laws, rules, recreation management plans, and land use p…

12.11.6545 BLACKFOOT RIVER SPECIAL RECREATION PERMIT FEES The department shall require payment of fees for commercial use, competitive events, and organized group activities requiring a special recreation permit that occur on, or originate or terminate on lands adjacent to the Bl…

12.11.6550 WHEN FEES ARE REFUNDABLE For multi-year commercial permits, if the permittee's actual fees due are less that the estimated fees that the permittee paid in advance, the department shall credit overpayments to the following year or season. For other permits, the departme…

12.11.6555 SPECIAL RECREATION PERMIT STIPULATIONS The department shall establish stipulations that must be complied with in order to receive and/or retain a special recreation permit. The department shall require commercial users, except vendors, to obtain a professional liabilit…

12.11.6560 PERMIT RENEWALS The department may renew a special recreation permit upon application at the end of its term only if: the permit is in good standing; the permitted activity is consistent with management plans and policies that apply to the Blackfoot River and lands adj…

12.11.6565 PERMIT TRANSFERS In the case of a sale or transfer of a business that is authorized to conduct commercial use on the Blackfoot River, the person or entity acquiring the business must complete the standard permit application process as provided for in ARM 12.11.6530 and…

12.11.6570 AMENDMENT, SUSPENSION, OR CANCELLATION OF A SPECIAL RECREATION PERMIT The department may amend, suspend, or cancel a special recreation permit if necessary to protect public health, public safety, or the environment. The department may suspend or cancel a special recre…

12.11.6575 SPECIAL RECREATION PERMIT APPEAL PROCESS A person who has been denied a special recreation use permit or denied renewal of a special recreation permit, or a person whose special recreation permit has been suspended or cancelled may appeal the permitting decision in wri…

12.11.6601 DEPARTMENT'S AUTHORITY TO CLOSE PUBLIC WATERS DUE TO EMERGENCY The commission authorizes the department to adopt temporary emergency rules to close public waters or portions thereof to public use as provided in ARM 12.11.6603. Public use of the water means boating, flo…

12.11.6603 EMERGENCY PUBLIC WATER CLOSURE CRITERIA The department may, pursuant to ARM 12.11.6601, adopt temporary emergency rules under the following criteria. The department receives written request for closure of public waters from the interagency fire management team or simil…

12.11.6605 NOTIFICATION OF EMERGENCY PUBLIC WATER CLOSURE AREAS Prior to or simultaneously with the effective date of the closure the department shall: notify the commission; post notice of the closure on the agency web site; post notice of the closure within and near the affecte…

12.11.6701 MADISON RIVER REPORTING REQUIREMENTS All persons recreating on the Madison River must provide the required information in the manner prescribed by the department. Each year, information gathered will be reported to the Madison River Work Group and commission. Authorizi…

12.11.6702 WALK/WADE SECTIONS OF MADISON RIVER Fishing from a boat or vessel is prohibited from the outlet of Quake Lake toLyons Bridge. Fishing from a boat or vessel is prohibited from EnnisBridge to Ennis Reservoir. ARM 12.11.6702 will be implemented as a trial program in Janua…

12.11.6705 MADISON RIVER COMMERCIAL USE CAP Fishing outfitters and guides may only operate on the Madison River as long as they have a Madison River Special Recreation Permit and trips allotted them as provided by these rules. The total number of fishing outfitting and guided tri…

12.11.6706 REST/ROTATION OF MADISON RIVER COMMERCIAL USE (REPEALED) Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-303, MCA History: NEW, 2020 MAR p. 2324, Eff. 12/25/20; REP, 2022 MAR p. 687, Eff. 5/14/22.

12.11.6710 MADISON RIVER WORK GROUP The commission shall develop the membership of and appoint a Madison River Work Group. The work group will consist of: three commercial outfitters with a current Madison River Special Recreational Use Permit; three non-commercial Madison River …

12.11.6711 REVIEW OF RECREATION RULES FOR MADISON RIVER The commission shall review: ARM 12.11.6702, 12.11.6705, and 12.11.6706 in 2023; and the rules governing recreational use on the Madison River every five years beginning in 2024. Authorizing statute(s): 87-1-303, MCA Impleme…

12.11.6715 LIMIT DEVELOPMENT ON MADISON RIVER Any department acquisition for a fishing access site below Greycliff Fishing Access Site made after January 2, 2021, will be designated as carry-in only without boat ramp development. Authorizing statute(s): 87-1-303, MCA Implementing…

12.11.6801 SMITH RIVER PERMIT COMMERCIAL USE PERMIT No person, group or entity may conduct commercial use within the Smith River State Park and River Corridor without first obtaining a commercial use permit from the department. Commercial use shall be administered in accordance w…

12.11.6802 SMITH RIVER COMMERCIAL USE PERMIT RESTRICTIONS Commercial outfitters are limited to a maximum of 73 float trips per calendar year. The department shall establish commercial outfitter float trip dates in consultation with the commercial outfitters and in accordance with…

12.11.701 BEAVERHEAD COUNTY All rivers and streams in Beaverhead County east of the continental divide are closed to the use of all watercraft propelled by machinery of over 10 horsepower. Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-106, 87-1-303…

12.11.801 ARAPOOISH FISHING ACCESS Arapooish Fishing Access is located in Big Horn County. Arapooish Fishing Access is closed to use for any motor-propelled watercraft. Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-106, 87-1-303, MCA History: NEW, …

12.11.805 TONGUE RIVER RESERVOIR Tongue River Reservoir is located in Big Horn County. Tongue River Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas: from shoreline to 300 feet from shoreline from the south point that form…

12.12.101 GENERAL POLICY The following regulations shall govern the use of all lands under the control, administration, and jurisdiction of the Department of Fish, Wildlife and Parks. Regulations governing each specific area will be posted by the department on site and available …

12.12.102 DEFINITIONS "Board" means the State Parks and Recreation Board established in 2-15-3406, MCA. "Camping" means to occupy a camping unit for temporary residence or sleeping purposes. "Camping facility" means a lodging structure for overnight sleeping purposes such as cabi…

12.12.103 RULES POSTED BY THE DEPARTMENT The department will post site-specific rules for a public use site on location, online, and at FWP regional offices. While in a public use site, a person is requiredto comply with the rules set out in this chapter, or site-specific rules p…

12.12.104 PROHIBITED CONDUCT The following conduct is prohibited in public use sites: arguing with, threatening, harassing, or intimidating another visitor or otherwise interfering with the lawful use by another; threatening, resisting, intimidating, arguing with, or intentionall…