Title 23, Title 23

(1) There is a trails and recreational facilities grant program administered by the department. The grant is called the trail stewardship grant program. (2) Cities, counties, tribal governments, school districts, recreational clubs and organizations, and state and federal agencie…

For the purposes of this part, the following definitions apply: (1) "Department" means the department of fish, wildlife, and parks. (2) "Motorized equipment" means any motorized equipment authorized to be used on public lands by the land management agency with jurisdiction over t…

(1) Except as provided in subsection (5) of this section, motorized equipment registered in Montana pursuant to 61-3-321 may not be operated on a summer motorized recreation trail unless a summer motorized recreation trail pass is affixed in a conspicuous place to the motorized e…

(1) There is a summer motorized recreation trail account in the state special revenue fund established in 17-2-102. (2) The following must be deposited in the account: (a) pursuant to 23-2-111, revenue collected from the sale of summer motorized recreation trail passes; and (b) p…

(1) There is a summer motorized recreation trail grant program by which the department may grant funds deposited in the account established in 23-2-112 to private clubs and organizations for the following purposes: (a) to mark or sign, maintain, and improve summer motorized recre…

For purposes of this part, the following definitions apply: (1) "Barrier" means an artificial obstruction located in or over a water body, restricting passage on or through the water, that totally or effectively obstructs the recreational use of the surface water at the time of u…

(1) Except as provided in subsections (2) through (5), all surface waters that are capable of recreational use may be so used by the public without regard to the ownership of the land underlying the waters. (2) The right of the public to make recreational use of surface waters do…

The provisions of this part and the recreational uses permitted by 23-2-302 do not affect the title or ownership of the surface waters, the beds, and the banks of any navigable or nonnavigable waters or the portage routes within this state.

Nothing contained in this part addresses the recreational use of surface waters of lakes.

(1) A member of the public making recreational use of surface waters may, above the ordinary high-water mark, portage around barriers in the least intrusive manner possible, avoiding damage to the landowner's land and violation of the landowner's rights. (2) A landowner may creat…

(1) A person may gain access to surface waters for recreational use by using: (a) a public bridge, its right-of-way, and its abutments; and (b) a county road right-of-way. (2) When accessing surface waters pursuant to subsection (1), a person shall stay within the road or bridge …

(1) At county road bridges for which public access is authorized pursuant to 23-2-312, each fence attached to or abutting a county road bridge edge, guardrail, or abutment for livestock control or for property management pursuant to 7-14-2134(5) must provide for public passage to…

(1) A person who makes recreational use of surface waters flowing over or through land in the possession or under the control of another, pursuant to 23-2-302, or land while portaging around or over barriers or while portaging or using portage routes, pursuant to 23-2-311, is owe…

(1) A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years. (2) A prescriptive easement cannot be acquired through: (a) recreational use of surfa…

This part may be cited as the "Smith River Management Act".

(1) The purpose of this part is to: (a) provide continued recreational and commercial use and enjoyment of the Smith River waterway, consistent with the river's capacity; (b) seek ways to minimize conflicts between river users and private landowners; and (c) protect the integrity…

As used in this part, the following definitions apply: (1) "Board" means the state parks and recreation board established in 2-15-3406. (2) "Commission" means the fish and wildlife commission established in 2-15-3402. (3) "Department" means the department of fish, wildlife, and p…

This part applies to that portion of the Smith River waterway located in Meagher and Cascade Counties lying between Camp Baker in Meagher County and the confluence of the Smith River with the Missouri River. This description does not prevent the department from naming or renaming…

The department has the primary recreational management responsibility for the Smith River waterway described in 23-2-404, consistent with the purpose stated in 23-1-101 and 23-2-402. The Smith River waterway must be administered to: (1) allow the continuation of compatible existi…

(1) The board has authority to provide for the administration of the Smith River waterway. The board may adopt rules to: (a) regulate and allocate recreational and commercial floating and camping to preserve the biological and social benefits of recreational and commercial use of…

(1) All money collected as recreational and commercial user fees for floating and camping on the Smith River waterway pursuant to 23-2-408 must be deposited in the state treasury in the Smith River corridor enhancement account in the state special revenue fund to the credit of th…

(1) A person who violates a rule of the board adopted pursuant to this part is guilty of a misdemeanor punishable by a fine of not less than $50 or more than $500 or by imprisonment in a county jail for not more than 6 months, or both. (2) The department is a criminal justice age…

It is the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto.

As used in this part, unless the context clearly requires a different meaning, the following definitions apply: (1) "Certificate of number" means the certificate issued by the department of justice, an authorized agent, as defined in 61-1-101, or a county treasurer to the owner o…

(1) The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel that is permitted by the owner to be operated, the identification number of the vessel, the departure date and time, and the expected time of return. …

A copy of the rules adopted pursuant to this part and of any amendments thereto shall be filed in the office of the department and in the office of the secretary of state. Rules shall be published by the department in a convenient form and made easily available to all vessel oper…

The owner of a vessel is liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the provisions of the statutes of this state or neglecting to observe ordinary care and operation that the rules of the …

(1) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-7-101. Authorized officers of the department are granted peace officer status with the powe…

(1) Violations of any section of this part, except 23-2-526(3), unless otherwise specified, are a misdemeanor and shall be punishable by a fine of not less than $15 or more than $500 or by imprisonment for a term up to 6 months, or both. All fine and bond forfeitures, except thos…

(1) Except as provided in subsection (3), a motorboat or sailboat 12 feet in length or longer may not be operated upon the waters of the state unless a certificate of title has first been obtained from the department of justice in accordance with the laws of this state. (2) Unles…

(1) A motorboat on the waters of this state that is propelled by a motor or an engine of any description or a sailboat on the waters of this state must be properly numbered and display a valid registration decal. A person may not operate or give permission for the operation of an…

(1) The owner of each motorboat, sailboat, or personal watercraft requiring numbering by this state shall file an application for number in the office of the county treasurer in the county where the motorboat, sailboat, or personal watercraft is owned, on forms prepared and furni…

A motorboat or sailboat is not required to be numbered under this part if it is: (1) covered by a number in effect that has been assigned to it pursuant to federal law or a federally approved numbering system of another state if the motorboat or sailboat has not been within this …

(1) A Montana motorboat, sailboat, or personal watercraft numbered in accordance with the provisions of 23-2-512 must display a registration decal. For this purpose, the county treasurer, upon proof of payment of the registration fee as required by 61-3-321(10), shall issue a reg…

(1) Failure to pay the registration fee as provided for in 61-3-321(10) is a misdemeanor, punishable by a fine equal to four times the registration fee that is due on the motorboat, sailboat, personal watercraft, or motorized pontoon for the current year of registration. (2) All …

(1) Every motorboat or vessel must have aboard: (a) one personal flotation device that is approved by the United States coast guard and that is in good and serviceable condition for each person on board, provided that a person who has not reached 12 years of age must have a life …

(1) A person may not discharge or cause, permit, or allow to be discharged any garbage, refuse, waste, or sewage from any vessel into, upon, or near the waters at a stream, river, or lake within the boundaries of the state of Montana. (2) The department of environmental quality s…

(1) A person may not operate or knowingly permit a person to operate a motorboat or vessel or manipulate waterskis, a surfboard, or a similar device or other contrivance in a reckless or negligent manner so as to endanger the life, limb, or property of a person by: (a) engaging i…

(1) When two vessels are approaching each other "head on" or nearly so, each vessel shall bear to the right and pass the other vessel on its left side to avoid the risk of collision. (2) When vessels approach each other obliquely or at right angles, the vessel that has the other …

(1) A person may not anchor a vessel or place another obstacle on any body of water over which the state has jurisdiction in a position that obstructs a passageway ordinarily used by other vessels. (2) A person may not operate a pleasure vessel within 20 feet of the exterior boun…

(1) No vessel shall be loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other normal operating conditions. (2) No vessel shall be equipped with any motor or other propulsion machinery beyond its safe power capacity, taking i…

(1) The operator of a vessel involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to the operator's own vessel, crew, and passengers, shall render to other persons affected by the collision, accident, or other casualty assi…

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to subsections (2) and (3) of 23-2-527, as amended, shall be transmitted to such official or agency of the…

(1) A person may not operate a motorboat or vessel on any waters of this state for the purpose of towing a person or persons on waterskis, a surfboard, or similar device unless the operator is accompanied by an observer. If the operator is 12 years of age or younger, there must b…

The department shall coordinate a statewide boat safety education program, including a home study testing program for motorboat operators.

In addition to applicable provisions in this part, a person may not operate a personal watercraft: (1) unless a person operating or riding on the vessel is wearing a United States coast guard approved type of personal flotation device; (2) if the vessel is equipped by the manufac…