Montana Administrative Code

12.12.105 FEE COMPLIANCE AND CLOSURE If in effect, fee requirements for public use sites shall be posted by the department on site. Regulations relating to establishment of fees for recreational use of lands owned and controlled by the state of Montana, acting by and through the …

12.12.106 PROPERTY DISTURBANCE While in a public use site it is prohibited to: damage, destroy, or possess any natural features, developed features, or vegetation; damage, destroy, possess, or permit the disturbance or removal of topsoil or subsoil, nonfossilized and fossilized p…

12.12.107 DESIGNATED AND DISPERSED CAMPING SITES Unless otherwise posted by the department, within a public use site it is prohibited to: camp in any area, except those specifically designated or marked for that purpose; camp, leave camping equipment, or otherwise attempt to occu…

12.12.108 FIRES AND FIREWORKS Unless otherwise posted by the department in a public use sitea person may not: light or maintain a fire at state parks or fishing access sites except in a designated fire ring; light or maintain a fire outside of a designated fire ring in a public u…

12.12.109 FOOD STORAGE In public use sites where food storage rules apply and are posted by the department, it is prohibited to fail to comply with the food storage rules. The following acts are prohibited annually from March 1 to December 1 on all public use sites where food sto…

12.12.110 SANITATION AND WASTE DISPOSAL Unless otherwise posted by the department in a public use site,a person may not: deposit household or commercial garbage or trash at a public use site brought in from another property; dispose or dump sewage or wastewater from trailers, cam…

12.12.111 DOMESTIC ANIMALS Except as otherwise posted by the department, domestic animals within a developed area must be physically restrained or on a leash no greater than eight feet in length at all times. The owner, handler, or person who brought a domestic animal into a publ…

12.12.112 LIVESTOCK The department may close trails and other parts of public use sites to the use of horses, llamas, or similar animals. Unless otherwise posted by the department, and except where specifically permitted or authorized by a lease, license, or other written agreeme…

12.12.113 WEAPONS The possession, display, carrying, discharge, or use of aweapon in public use sites must be in compliance with Titles 23, 45,and 87, MCA. Public use sites, or portions thereof, may be closed to the discharge of weapons as defined in 45-2-101, MCA, when the direc…

12.12.114 HUNTING AND TRAPPING When open to public use, wildlife management areas and fishing access sites are open to all commission-established hunting and trapping seasons unless otherwise prohibited and posted.The commission authorizes the department to issue specific restric…

12.12.115 MOTORIZED AND NON-MOTORIZED VEHICLES The rules in this chapter apply to all motorized and non-motorized vehicles. The following are prohibited in public use sites: operating a motorized or non-motorized vehicle in violation of posted traffic rules, such as speed limits,…

12.12.116 PARKING The department may designate and sign individual parking spaces or groups of parking spaces for vehicle parking, boat trailer parking, day use parking, and registered camper parking at public use sites. Parking outside of these designated, signed parking spaces …

12.12.117 UNMANNED VEHICLES Unless permitted by the department, it is prohibited to launch or operate an unmanned terrestrial, aerial, or aquatic vehicle from or on a public use site. Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA Implemen…

12.12.118 ABANDONED PROPERTY Property, other than vehicles, left unattended for more than 48 hours may be impounded, except where otherwise posted by the department. Unattended property that interferes with public safety, orderly management of thepublic usesite or presents a sign…

12.12.119 DAY USE, GROUP USE, AND SPECIAL USE PERMIT Special use permitsmust be obtained when required. A special use permit and payment of required fees are required for: organized groups or gatherings with 30 or more people at a state park or fishing access site, and 10 or more…

12.12.120 SOLICITING AND PUBLIC ASSEMBLY Soliciting or demanding gifts, money, goods, or services is prohibited at public use sites, except pursuant to the terms and conditions of a special use permit, commercial use permit, or other contract issued by the department for such act…

12.12.121 EMERGENCY CLOSURES The commission and board authorize the department to adopt temporary emergency rules to close a public use site or portions thereof to public use as provided in ARM 12.12.122. Public use of the public use site means any public occupation of the land. …

12.12.122 EMERGENCY CLOSURE CRITERIA The department may, pursuant to ARM 12.12.121, adopt temporary emergency rules under the following criteria: the department receives written request for closure of a public use site from the interagency fire management team or similar authorit…

12.12.123 NOTIFICATION OF EMERGENCY CLOSURE AREAS Prior to, or simultaneously with, the effective date of the closure of a public use site, the department shall: notify the commission or board; post notice of the closure on the agency website; post notice of the closure within an…

12.12.140 PENALTIES AND APPEAL Except where otherwise specified, a violation of these rules is a misdemeanor pursuant to 23-1-106 or 87-6-102, MCA. Individuals violating these rules may also be expelled immediately froma public use site for up to 48 hours. Failure to comply with …

12.14.101 DEFINITIONS "Allocation" means distributing limited use opportunities when a rationing system is in place. "Authorization" means written permission granted to a person or entity by the department to conduct commercial use. "Board" means the State Parks and Recreation Bo…

12.14.105 APPLICABILITY OF COMMERCIAL USE RULES The following rules shall govern commercial use, as defined in ARM 12.14.101, that occurs on department land and restricted waterbodies. The department may apply these rules to leased lands and easements when specific terms, conditi…

12.14.110 EXCEPTIONS TO APPLICABILITY OF COMMERCIAL USE RULES These commercial use rules do not apply to commercial activities or uses that are initiated or invited by the department for the purpose of manipulating, enhancing, or otherwise improving the habitat of a site. Such us…

12.14.115 GENERAL POLICY Department land belongs to the people of Montana and is managed by the department in trust for the benefit of current and future generations of the people. The department's responsibilities include maintaining or enhancing the fish, wildlife, natural, cul…

12.14.120 COMMERCIAL USE PERMITS A permit is required in advance to conduct commercial use on department lands and restricted waterbodies. The department may issue a commercial use permit to a person as an individual, or as a representative of an entity or business. When authoriz…

12.14.121 SUSPENSION OR REVOCATION OF PERMIT A commercial use permit is not a property right and may be suspended or revoked for cause. The department may suspend a permit for up to six months. When a permit is suspended, the permit holder may not conduct commercial use authorize…

12.14.125 FISHING ACCESS SITE PERMIT An outfitter or water-based service provider must possess and have on their person a valid fishing access site permit when conducting commercial use at fishing access sites. An outfitter or water-based service provider with a valid commercial …

12.14.130 COMMERCIAL USE PERMIT: APPLICATION PROCESS A commercial use permit application must be submitted to the regional office that oversees the site or sites where the use will occur. If use is proposed for sites located in more than one department administrative region, the …

12.14.135 FISHING ACCESS SITE PERMITTING DECISIONS (REPEALED) Authorizing statute(s): 23-1-105, 23-1-106, 87-1-301, 87-1-303, MCA Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2009 MAR p. 2245, Eff. 11/26/09; REP, 2014…

12.14.140 RESTRICTED USE PERMIT (REPEALED) Authorizing statute(s): 23-1-105, 23-1-106, 87-1-301, 87-1-303, MCA Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2009 MAR p. 2245, Eff. 11/26/09; REP, 2014 MAR p. 2648, Eff. …

12.14.145 RESTRICTED USE PERMIT: APPLICATION PROCESS (REPEALED) Authorizing statute(s): 23-1-105, 23-1-106, 87-1-301, 87-1-303, MCA Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA History: NEW, 2007 MAR p. 88, Eff. 1/26/07; REP, 2014 MAR p. 2648, Eff. 10/24/14.

12.14.150 COMMERCIAL USE PERMITTING DECISIONS The department has discretion over whether to issue a commercial use permit. Permitting decisions are based on the following factors to the extent that they are relevant: conformance with laws, rules, policies, management plans, and l…

12.14.155 CONCESSION CONTRACT The department shall waive the requirement to obtain a commercial use permit when the commercial use is authorized through a concession contract. The department may develop a concession contract to authorize a commercial business on department land w…

12.14.160 COMMERCIAL USE FEES The department may require payment of fees for conducting commercial use on department land. Commercial use fees for state parks shall be adopted by the board. Commercial use fees for all other department land shall be adopted by the commission. The …

12.14.165 RATIONING AND ALLOCATION OF COMMERCIAL USE The department's statewide river recreation rules shall govern the rationing and allocation of commercial use on rivers, including fishing access sites that provide access to rivers. The department may recommend that the commis…

12.14.170 COORDINATING WITH OTHER AGENCIES The department may design a commercial use permit system for a site in coordination with another agency so long as the permit system complies with department rules and regulations and the permitted commercial use is consistent with depar…

12.2.101 OVERALL DEPARTMENT RULES The Department of Fish, Wildlife, and Parks has herein adopted and incorporated the Attorney General's model procedural rules by reference to such rules as stated in ARM 1.3.101 through 1.3.234. Authorizing statute(s): 2-4-202, MCA Implementing s…

12.2.201 NOTICES AVAILABLE FROM DEPARTMENT DIRECTOR Single copies of proposed or final orders, of decisions in contested cases, of declaratory rulings, or of any rule or notice of the Department of Fish, Wildlife, and Parks or the Fish, Wildlife, and Parks Commission will be made…

12.2.202 POLICY OF THE DEPARTMENT FOR SALE OR DISTRIBUTION OF HUNTING, FISHING, AND TRAPPING LICENSE AND OTHER DEPARTMENT LISTS (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-301, Title 2, Chap. 4, MCA History: NEW, 1978 MAR p. 993, Eff. 7/17/78; A…

12.2.301 POLICIES AND OBJECTIVES Participation of the public is to be provided for, encouraged, and assisted to the fullest extent practicable, consistent with other requirements of state law and the rights and requirements of personal privacy. The major objectives of such partic…

12.2.302 GUIDELINES FOR DEPARTMENT PROGRAMS A continuing departmental program for public participation shall contain mechanisms of activity for each of the elements listed in this rule. The exact mechanism and extent of activity may vary in relation to resources available, public…

12.2.303 APPOINTMENTS WITH FISH, WILDLIFE, AND PARKS COMMISSION Any individual or group of individuals may make appointments to meet with the Fish, Wildlife, and Parks Commission regarding any matter of concern to those individuals and under the responsibility of the Fish, Wildli…

12.2.304 AWARDING CONTRACTS (REPEALED) Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA History: NEW, Eff. 4/5/76; REP, 1996 MAR p. 1836, Eff. 7/4/96.

12.2.305 LIST OF DEPARTMENT DECISION MAKING The following is a nonexhaustive list of department decisions thought to be of significant interest to the public: adoption of wildlife management regulations including the setting of seasons and fish planting policies and priorities; a…

12.2.306 LIAISON (REPEALED) (REPEALED) Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA History: NEW, Eff. 4/5/76; REP, 2024 MAR p. 1873, Eff. 7/27/24.

12.2.307 GENERAL Citizens desiring information about anything mentioned in these rules or about anything concerning department and public participation should contact the department office in Helena or the appropriate regional supervisor. Names and addresses are listed in ARM 12.…

12.2.401 POLICY STATEMENT CONCERNING MEPA RULES (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, 2-15-112, 87-1-201, 87-1-301, MCA Implementing statute(s): 75-1-201, 87-1-201, 87-1-401, MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.…

12.2.402 DEFINITION OF MEPA TERMS (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, 2-15-112, 87-1-201, 87-1-301, MCA Implementing statute(s): 75-1-201, 87-1-201, 87-1-401, MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.403 DETERMINATION OF NECESSITY FOR ENVIRONMENTAL IMPACT STATEMENT (IS HEREBY REPEALED) History: 2-4-201, 2-15112, 87-1-201, 87-1-301, MCA; IMP , 75-1-201, 87-1-201, 87-1-401, MCA; NEW , 1980 MAR p. 1064, Eff. 3/28/80; REP , 1988 MAR p. 2692, Eff. 12/23/88.) Authorizing statu…

12.2.404 PREPARATION OF PRELIMINARY ENVIRONMENTAL REVIEW (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, 2-15-112, 87-1-201, 87-1-301, MCA Implementing statute(s): 75-1-201, 87-1-201, 87-1-401, MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692, Eff. 12…