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River and Stream Access
Montana has some of the most open and progessive stream access laws in the world, but they are under constant assault from out of state,
deep pocketed, privatization advocates.
Defining a Public Road
Caveat and Disclaimer
| Information on this site is provided as a matter of information and education only. It is not intended to provide legal advice or counsel . more
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LAWS RELATING TO CLOSING OF MONTANA COUNTY ROADS
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| LAWS RELATING TO CLOSING OF MONTANA COUNTY ROADS
Private parties frequently illegally close public roads and backroads leading to public land. Action to open them can require legal action involving esoteric and arcane case law such as public prescriptive easements, or the old RS2477 federal statute. more
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Land and Water Conservation Fund
| What is the Land and Water Conservation Fund and why is it important to you?
The Land and Water Conservation Fund (LWCF) is the primary source of funding available to the Federal land management agencies to preserve, develop and assure access to outdoor recreational resources. more
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Spring Creeks - Access
| Spring creeks are natural water bodies just like any other stream or river and therefore fall under the Montana stream access law. The only thing that makes them at all different is the nature of spring creeks themselves. more
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DETERMINING STATUS OF A RURAL ROAD
| STEPS TO DETERMINE THE STATUS OF POSSIBLE COUNTY OR RS2477 ROADS
1) Determine the exact location, including the county, township and range, section and quarter-sections (NW1/4, SW1/4, etc.) of the road in question. more
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WHAT IS A PUBLIC ROAD ?
| If you encounter a closed road or trail ( which is obviously not a federal highway , a state highway, or a city street ) and you believe it may be a legally accessible road, here are some things you can do to check it out :
FIRST, is it in a National Forest ? If so check with the Regional Forester office to see if a private easement or fee tile exists. more
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THE NORTH AMERICAN MODEL OF WILDLIFE CONSERVATION
| How the people of the United States and Canada achieved the ‘Triumph of the Commons’ and restored wildlife to abundance and preserved wild lands and natural landscapes for future generations.
THE CONSERVATION ETHIC
“The greatest good for the greatest number of people for the greatest length of time. more
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THE PUBLIC TRUST DOCTRINE
| THE STARTING POINT - THE PREAMBLE TO THE CONSTITUTION OF THE UNITED STATES
"We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
In this one sentence the American people established themselves as sovereigns in common and established a government as the means by which we exercise our common sovereignty. more
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RECREATIONAL USE OF STATE LANDS
| As part of the original statehood action 5.2 million acres were deeded to the State of Montana to be used for school funding . more
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MONTANA A.G. OPINION ON BRIDGE ACCESS
| During the 1990's there was a great deal of controversy about access to streams at bridges. In reaction to this , MT Fish Wildlife and Parks requested an opinion from the Attorney General about the legality of recreational access at bridges. more
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Montana Stream Access Law
The Best in the West
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related articles
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STREAM ACCESS LAWS
| Since statehood in 1889, under the Federal Equal Footing Law, Montana has owned the beds of navigable rivers that have sustained commercial use. The Federal Tests for commercial use include floating logs, fur trade, mail routes, transportation of goods, float-fishing, outfitting and guiding, float-boat rentals, adventure floating and guiding and all commercial uses. more
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WHO OWNS ISLANDS IN MONTANA RIVERS ?
| I. GENERAL BACKGROUND
Rivers , streams , and creeks are an important - maybe the lifeblood - of Montana’s geography, economy and culture. more
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HUNTER OR ANGLER HARRASSMENT
| If you are threatened or chased off of public land while hunting or fishing you have the law on your side if you wish to take legal action against the person . It comes from the Montana Statutes - specifically MCA 87-3-142. more
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Montana Access Guide
| This pamphlet, published by the Montana Deptartment of Fish, Wildlife and Parks, is a basic primer and introduction to public access to public lands in Montana. It has segments on Public Land Management Agencies, Rights and Responsibilities regarding Public and Private Land, Finding Access to Public and Private Land, Preserving and Improving Access, Game Violations and Law Enforcement, and Agency Locations and phone numbers. more
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Can a Landowner Fence Across a River ?
| Even though we have a stream access law and an accompanying bridge access law, this does not prevent landowners from fencing across the river, or from putting a fence part way into the river. (In any river with a significant spring run off this is often not feasible because of damage caused by stuff floating down the river. more
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ILLEGAL POSTING OF PUBLIC LAND
| Imagine that you have traveled several hours to get to your favorite public land hunting spot in southeastern Montana to do some mule deer hunting, only to find out that someone has wrongfully posted several "No Hunting" signs on the fenceline along one of those parcels of land? To take this scenario one step further, imagine that the person who is ultimately found to be responsible for this situation is a licensed outfitter in Montana, and worse yet, is not even a Montana resident but is a resident of WYOMING!! more
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Triumph Of The Commons
| Most people of this country own private property in some form. Few American citizens realize, however, that they are equal shareholders in a vast, complex and immensely valuable estate of public property. more
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KNOW YOUR RIGHTS ON FEDERAL GRAZING LANDS
| All citizens have the right to hunt, fish, and recreate on BLM and Forest Service land - even though the land is subject to a grazing permit. If a permit holder tries to kick a hunter or angler off the land they are subject penalty under the Code of Federal Regulations Subpart 4140. more
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Research the key to keeping public land access
| Research the key to keeping public land access
By BERNARD LEA
The Public Land/Water Access Association has been involved in gathering evidence to present to county officials relative to the right of way status of roads in Montana. We provided Blaine County with documents that led to the determination of the county attorney that the Bull Whacker Road was a public road. more
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Complete Text of Stream Access Law
| TITLE 23. PARKS, RECREATION, SPORTS, AND GAMBLING
CHAPTER 2. more
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Montana Stream Access Law
The Best in the West
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Citizen Initiative 161 is sponsored by Montana resident hunters, tired of battling negative impacts caused by the current law guaranteeing Montana hunting outfitters 7,800 non-resident clients. These impacts include the loss of hunting access and the privatization of our wildlife.
Sixteenmile Creek Acquisition Project Needs Support and Comment. Two members of Public Land/Water Access Assoc.
