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.) However, a recreationist using a river, can portage around the fence obstruction using the "least intrusive manner" .

Here is the exact text of the law in this regard :


" MCA 23-2-311. Right to portage -- establishment of portage route. (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 his rights.

(2) A landowner may create barriers across streams for purposes of land or water management or to establish land ownership as otherwise provided by law. If a landowner erects a structure which does not interfere with the public's use of the surface waters, the public may not go above the ordinary high-water mark to portage around the structure. "


(Note: The last paragraph refers to things like "float gates" - hanging PVC pipe - which keep cattle in, but do not obstruct floaters.)

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