Montana Administrative Code

12.8.205 CAMPING, DAY AND GROUP USE (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, Eff. 6/5/76; AMD, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1983 MAR p. 655, Eff. 6/17/…

12.8.206 FIRES (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, 1979 MAR p. 381, Eff. 3/30/79; AMD, 1988 MAR p. 498, Eff. 3/11/88; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.207 PROPERTY DISTURBANCE (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, Eff. 6/5/76; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1983 MAR p. 655, Eff. 6/17/83; AMD, 1988 MAR p. 498, Eff. 3/11/88; RE…

12.8.208 DISORDERLY CONDUCT (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, 87-1-303, MCA History: Eff. 12/31/72; AMD, Eff. 6/5/76; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1986 MAR p. 952, Eff. 5/30/86; AMD, 1988 MAR p. 498, Eff. 3/1…

12.8.209 RESTRICTED AREAS AND NIGHT CLOSURES (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, Eff. 6/5/76; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1983 MAR p. 655, Eff. 6/17/83; AMD, 1988 MAR p. 498, E…

12.8.210 SANITATION AND LITTER WASTE DISPOSAL (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, 87-1-303, MCA History: Eff. 12/31/72; AMD, 6/5/76; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1986 MAR p. 952, Eff. 5/30/86; AMD, 1988 MAR p. …

12.8.211 LIVESTOCK AND COMMERCIAL USE (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1983 MAR p. 655, Eff. 6/17/83; AMD, 1988 MAR p. 498, Eff. 3/11/88; REP, 2007 MA…

12.8.212 BOATING AND SWIMMING (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, 87-1-303, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1986 MAR p. 952, Eff. 5/30/86; AMD, 1988 …

12.8.213 RECREATION USE FEES (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, Eff. 8/4/73; AMD, Eff. 8/5/74; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1988 MAR p. 498, Eff. 3/11/88; REP, 2024 MAR p. 45, …

12.8.217 DEPARTMENT'S AUTHORITY TO CLOSE DESIGNATED RECREATION AREAS DUE TO EMERGENCY (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 2-4-303, 23-1-106, 87-1-303, MCA History: NEW, 2009 MAR p. 2146, Eff. 11/13/09; REP, 2024 MAR p. 45, Eff. 1/13…

12.8.218 EMERGENCY DESIGNATED RECREATION AREA CLOSURE CRITERIA (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 2-4-303, 23-1-106, 87-1-303, MCA History: NEW, 2009 MAR p. 2146, Eff. 11/13/09; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.219 NOTIFICATION OF EMERGENCY DESIGNATED RECREATION CLOSURE AREAS (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 2-4-303, 23-1-106, 87-1-303, MCA History: NEW, 2009 MAR p. 2146, Eff. 11/13/09; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.301 MONTANA STATE GOLDEN YEAR'S PASS (1) Use of pass by someone other than the recipient: (a) The Montana State Golden Year's Pass may be used only by the person to whom the pass is issued. (b) Any person who camps overnight in a state administered fee camping recreation are…

12.8.401 STATE RECREATIONAL WATERWAY SYSTEM POLICY AND PROGRAM (REPEALED) Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-201, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1841, Eff. 7/4/96.

12.8.402 DESIGNATION OF WATERWAYS (REPEALED) Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-201, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1841, Eff. 7/4/96.

12.8.403 RECREATION PLANNING AND DEVELOPMENT (REPEALED) Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-201, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1841, Eff. 7/4/96.

12.8.404 LEGISLATION (REPEALED) Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-301, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1841, Eff. 7/4/96.

12.8.405 FISHERIES RESEARCH AND MANAGEMENT (REPEALED) Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-201, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1841, Eff. 7/4/96.

12.8.406 FLATHEAD RECREATIONAL WATERWAY (REPEALED) Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-201, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1841, Eff. 7/4/96.

12.8.407 MISSOURI RECREATIONAL WATERWAY (REPEALED) Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-201, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1841, Eff. 7/4/96.

12.8.408 ROCK CREEK RECREATIONAL WATERWAY (REPEALED) Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-201, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1841, Eff. 7/4/96.

12.8.409 SMITH RIVER RECREATIONAL WATERWAY (REPEALED) Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-201, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1841, Eff. 7/4/96.

12.8.410 YELLOWSTONE RECREATIONAL WATERWAY (REPEALED) Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 87-1-201, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1841, Eff. 7/4/96.

12.8.501 POLICY (1) It is the policy of the department of fish, wildlife, and parks to consider heritage properties and paleontological remains systematically on lands owned or controlled by the department for the purpose of preserving the properties and to avoid, whenever feasib…

12.8.502 DEFINITIONS For purposes of this part: (1) "Department" means the department of fish, wildlife, and parks. (2) "SHPO" means the state historic preservation office of the Montana historical society. (3) "Project" means any undertaking, including land disposal, which is li…

12.8.503 TIME OF REVIEW (1) The department shall initiate the reviews and studies required by this part prior to initiating any undertaking which may result in changes to the surface structures, or other character of the land. The department shall complete its review early enough…

12.8.504 RESPONSIBILITY FOR COMPLIANCE (1) The bureau chief, design and construction bureau, field services division, is cultural resources coordinator and, subject to the director's approval, is responsible for coordinating department communication with the SHPO and for the sati…

12.8.505 IDENTIFICATION OF HERITAGE PROPERTIES The department shall identify all heritage properties that are located on department lands within the area affected by a proposed project. The department shall use the following procedure to determine what known historic, architectur…

12.8.506 EVALUATION OF HERITAGE PROPERTIES (1) In consultation with the SHPO, the department shall assure that any historic, prehistoric or architectural property identified in a project's area of potential impact has been professionally assessed to determine whether it is a heri…

12.8.507 AVOIDANCE OR MITIGATION OF PROJECT IMPACTS (1) If no heritage property exists within project's area of potential impact, the department may proceed with the project. If, during the course of the project, historic or prehistoric properties are identified, the department s…

12.8.508 PALEONTOLOGICAL REMAINS The department shall follow the procedures described in ARM 12.8.503 through 12.8.505 in assessing the impacts of a project on paleontological remains. Authorizing statute(s): Sec. 22-3-424 MCA Implementing statute(s): Sec. 22-3-424 MCA History: N…

12.8.509 MEMORANDUM OF AGREEMENT (1) For a specific project or for a specific type of project, the department may propose to the SHPO procedures different from those described in ARM 12.8.503 through 12.8.505. (2) The SHPO will respond to such request within ten working days of r…

12.8.510 ANTIQUITIES PERMITS The department will not permit anyone to excavate, or remove any heritage property or paleontological remains on lands owned or controlled by the department until the person seeking to excavate or remove materials secures an antiquities permit from th…

12.8.601 PURPOSE (1) Section 23-1-110 , MCA, requires the commission to adopt rules which will establish a policy on specific procedures for considering improvements or development of state parks and fishing access sites that significantly change park or fishing access site featu…

12.8.602 DEVELOPMENT OR IMPROVEMENT (1) In implementing 23-1-110 , MCA, the commission considers the following improvement or development projects to be those that significantly change park or fishing access site features or use patterns: (a) new roadways or trails built over und…

12.8.603 DEPARTMENT ACTION (1) All improvement or development projects determined to be significant must comply with the review and report procedures set out in these rules prior to any final decision on their implementation. Authorizing statute(s): Sec. 23-1-110 MCA Implementing…

12.8.604 DRAFT REPORT (1) A draft report shall be produced prior to the public review which addresses the following items: (a) the "capacity for development" referred to in 23-1-110 (2) (b) , MCA, which is further defined as the physical capacity of the site to withstand the prop…

12.8.605 PUBLIC COMMENT (1) The public notification requirement of 23-1-110 , MCA shall be met by: (a) Notice describing the proposed modification and comment period shall be published twice in local newspaper, the newspaper of the state capital, and on the state's electronic bul…

12.8.606 FINAL REPORT (1) A final development or improvement report shall be produced and filed in the respective fishery or parks division and available for public review. A copy of the report shall be sent to members of the public who commented and requested a copy of the repor…

12.8.701 DESIGNATION OF PRIMITIVE FISHING ACCESS SITES (1) The department hereby designates certain fishing access sites as "primitive fishing access sites." The primary purpose of a fishing access site (FAS) owned or controlled by the department is to provide public access to pu…

12.8.702 PRIMITIVE FISHING ACCESS SITES IN REGION 1 (1) The following sites are designated as primitive fishing access sites within Region 1: (a) Blanchard Lake; (b) Bootjack Lake; (c) Ducharme; (d) Horseshoe Lake - Ferndale; (e) Loon Lake - Ferndale; (f) McKay Landing; (g) Skyle…

12.8.703 PRIMITIVE FISHING ACCESS SITES IN REGION 2 (1) The following sites are designated as primitive fishing access sites within Region 2: (a) Bass Creek; (b) Cedar Meadows; (c) Erskine; (d) Forest Cooper; (e) K.Ross Toole; (f) Kohrs Bend; (g) Marco Flats; (h) Natural Pier; (i…

12.8.704 PRIMITIVE FISHING ACCESS SITES IN REGION 3 (1) The following sites are designated as primitive fishing access sites within Region 3: (a) Alder Bridge; (b) Blackbird; (c) Brogan’s Landing; (d) Cardwell; (e) Chicory; (f) Corrals; (g) George Grant Memorial; (h) Greenwood Bo…

12.8.705 PRIMITIVE FISHING ACCESS SITES IN REGION 4 (1) The following sites are designated as primitive fishing access sites within Region 4: (a) Carroll Trail; (b) Dearborn; (c) Dunes; (d) Eagle Island; (e) Hardy Bridge; (f) Lichen Cliff; (g) Loma Bridge; (h) Lower Carter Pond; …

12.8.706 PRIMITIVE FISHING ACCESS SITES IN REGION 5 (1) The following sites are designated as primitive fishing access sites within Region 5: (a) Absaroka; (b) Beaver Lodge; (c) Bridger Bend; (d) Bull Springs; (e) East Bridge; (f) Homestead Isle; (g) Horsethief Station; (h) South…

12.8.707 PRIMITIVE FISHING ACCESS SITES IN REGION 6 (1) The following sites are designated as primitive fishing access sites within Region 6: (a) Bjornberg Bridge; (b) Faber Reservoir; (c) Whitetail Reservoir. Authorizing statute(s): 23-1-102, MCA Implementing statute(s): 23-1-10…

12.8.708 PRIMITIVE FISHING ACCESS SITES IN REGION 7 (1) The following sites are designated as primitive fishing access sites within Region 7: (a) Broadus Bridge; (b) Diamond Willow; (c) Elk Island; (d) Fallon Bridge; (e) Seven Sisters; (f) Twelve Mile Dam. Authorizing statute(s):…