Wherever used in ARM 36.25.1201 through 36.25.1212, unless a different meaning clearly appears from the context:

1. (1) "Board" means the Board of Land Commissioners, as described in the Montana Constitution.
2. (2) "Closure" means prohibition of all general recreational use.
3. (3) "Customary access point" means each outer gate and each normal point of access to the land, including both sides of a water body crossing the land where the water body intersects an outer boundary line.
4. (4) "Dedicated county road" means a county road that has been created by means of donation of a landowner and acceptance by a county under statutory or common law dedication procedures.
5. (5) "Department" means the Department of Natural Resources and Conservation.
6. (6) "Director" means the director of the Department of Natural Resources and Conservation.
7. (7) "Drop box" means a container in which a person using state trust land for recreation may leave notice when required to do so under these rules.

8. (8) "Emergency" means a situation that:

   1. (a) poses an imminent threat of personal harm, property damage, or significant environmental harm;
   2. (b) would be substantially lessened or alleviated by a recreational use closure; and
   3. (c) requires faster action than the normal closure procedure.

9. (9) "General recreational use" means non-concentrated, non-commercial recreational activity.

   1. (a) The term does not include:

      1. (i) taking or disturbing archeological, historical, or paleontological items;
      2. (ii) mineral exploration or mining;
      3. (iii) taking or disturbing valuable rocks or minerals;
      4. (iv) cutting or gathering firewood, standing trees, or downed trees;
      5. (v) trapping; or
      6. (vi) special recreational use.
10. (10) "Growing crop" means plants grown for harvest, between planting and harvest time. The term does not include grass used for grazing or trees.
11. (11) "Lease" means a lease or land use license, other than a recreational use or special recreational use license, allowing use of state trust land. The term does not include a mineral lease unless it is preceded by the word "mineral."
12. (12) "Legally accessible” means state trust land that can be reached by open road, public right-of-way, or public easement; public waters, including streams open to the public for recreational purposes under the stream access law; adjacent public land open to public use; or adjacent private land if permission to cross the land has been secured from the landowner. Accessibility by aircraft does not render lands legally accessible under this definition.
13. (13) "Lessee" means a person who holds a lease.
14. (14) "Livestock" means cattle, sheep, swine, goats, privately owned bison and elk, horses, llamas, mules, donkeys, and other animals used for the protection of such animals.
15. (15) “Motorized vehicle" means a vehicle powered by a motor, including but not limited to cars, trucks, motorcycles, mopeds, and all-terrain vehicles. The term does not include snowmobiles.
16. (16) "Open road" means a road usable by the public under state or federal law. This includes federal roads, state roads, dedicated county roads, and other roads on state trust land that have been designated by the department as open for motorized use.
17. (17) "Recreational use license" means a license authorizing general recreational use of state trust land.
18. (18) "Restriction" means a limitation on recreational use activities.

19. (19) "Special recreational use" means:

    1. (a) commercial or concentrated recreational activity, including any recreational use that is organized, developed, or coordinated, whether for profit or otherwise; or
    2. (b) other recreational activity that will result in unique impacts as determined by the department or that would conflict with a restriction described under ARM 36.25.1204.
20. (20) “Trust land administration account” means the account established by 77-1-108, MCA, from which expenses of the recreational use program are paid.

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

Implementing statute(s): 77-1-101, 77-1-801, 77-1-802, 77-1-804, 77-1-805, 77-1-806, MCA

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