(1) ARM 36.25.146 through
ARM 36.25.162 regulate the recreational use of state lands administered by the
department of natural resources and conservation. These lands are commonly
referred to as "trust lands" and appear in light blue on most land
(2) Recreational use is divided into two
categories as follows:
(a) General recreational use - This
use is generally defined as any type of non-concentrated, non-commercial
outdoor recreational activity except disturbance of archeological, historical,
or paleontological sites (which is prohibited by the Montana Antiquities Act
and subjects the violator to criminal penalties) , wood gathering, tree cutting,
commercial rock or mineral collecting, and trapping. This is more specifically
defined in ARM 36.25.145(11) . It requires purchase of a recreational use
license. Detailed procedures and restrictions are contained in ARM 36.25.146
through ARM 36.25.161.
(b) Special recreational use - This
use is defined in ARM 36.25.145 and requires a special recreational use
license. These kinds of uses include commercial or concentrated use as defined
in 77-1-101(5) , MCA. Detailed provisions are contained in ARM
(3) The purpose of ARM 36.25.144 through
ARM 36.25.162 is to provide reasonable recreational use of legally accessible
state lands within the bona fide management constraints of state land lessees.
These rules should be interpreted to accomplish this purpose.