1. (1) ARM 36.25.1201 through 36.25.1212 regulate the recreational use of state trust land managed by the Department of Natural Resources and Conservation. These lands appear in light blue on most land status maps.
2. (2) The Board of Land Commissioners has the duty and authority to manage state trust land under Article X, section 4 of the Montana Constitution. Under 77-1-301, MCA, the Department of Natural Resources and Conservation manages state trust lands under the direction of the board.
3. (3) State trust land is open to recreational use subject to legal access, closures, and restrictions in accordance with 77-1-203(3), MCA.
4. (4) The purpose of ARM 36.25.1201 through 36.25.1212 is to provide for reasonable recreational use of legally accessible state trust land while also considering the needs of state trust land lessees. These rules should be interpreted to accomplish this purpose.
5. (5) These rules regulate general recreational use and special recreational use, as defined in ARM 36.25.1202. Special recreational use requires additional licensing as described under ARM 36.25.1210.

6. (6) The following state lands are not subject to ARM 36.25.1201 through 36.25.1212:

   1. (a) lands subject to a lease, license, or easement from the department to a government entity for a public park or fishing access site;
   2. (b) the surface, beds, and banks of lakes, rivers, and streams that are open to the general public for recreational purposes under the stream access law;
   3. (c) highways and highway rights-of-way;
   4. (d) department administrative sites;
   5. (e) campus grounds, experiment station grounds, and other lands owned by the university system;
   6. (f) lands administered by the Department of Corrections; and
   7. (g) any lands where the department or the board does not own the surface.
7. (7) Whenever in ARM 36.25.1201 through 36.25.1212, the submission of a document or petition is required to be filed at an area or unit office, it must be submitted to the area or unit office that administers the applicable state trust land.
8. (8) Whenever in ARM 36.25.1201 through 36.25.1212, a hearing is required to be held in an “area,” the term “area” refers to the department area in which the subject land is located. The hearing may be held, at the department's discretion, at any location within that area.

Authorizing statute(s): 77-1-209, 77-1-804, 77-1-806, MCA

Implementing statute(s): 77-1-801, 77-1-802, 77-1-803, 77-1-804, 77-1-805, 77-1-806, 77-1-807, 77-1-808, 77-1-809, 77-1-810, MCA

History: NEW, 2025 MAR, Notice No. 2025-91, Eff. 11/8/25.