(1) No special recreational use
of state lands may occur without first obtaining a special recreational use
license from the department. This requirement applies whether or not any or all
of the persons involved in the special recreational use have obtained general
recreational use licenses pursuant to ARM 36.25.146.
(2) To obtain a special
recreational use license, a person must be at least 18 years of age or the head
of a family and apply to the area or unit office on a form prescribed by the
department. The applicant shall provide a description of or a map showing the
area intended for use.
(3) Before granting a special
recreational use license, the department shall make a bona fide attempt to
notify the lessee of the application.
(4) To obtain a special
recreational use license, a person must pay to the department the amount that
the department determines to be the full market value of that use. A license
granted pursuant to this rule may be subject to competitive bidding.
(5) A license granted pursuant to this rule may be exclusive, except the department shall reserve the right
to grant other licenses for different uses on the same land. Issuance of an
exclusive license does not prohibit general recreational use of state lands
that have not been closed pursuant to ARM 36.25.150 or ARM 36.25.152.
(6) A license issued
pursuant to this rule shall include provisions regulating motor vehicle use and
requiring that only certified weed seed free hay be brought onto the state
land. The license may include other restrictions on the activity.
(7) The holder of a special recreational use license shall comply with all provisions of that
(8) Pursuant to 77-1-804(8) ,
MCA, the department may assess a civil penalty of up to $1,000 for each day of
violation of this rule. The department may waive the civil penalty for minor or
technical violations. The penalty assessment standards and procedures contained
in ARM 36.25.157 are applicable to civil penalty proceedings under this rule.