36.25.144    ADMINISTRATION OF RECREATION ON STATE LANDS ADMINISTERED BY THE DEPARTMENT

(1) Under Article X, section 4 of the Montana Constitution, the board of land commissioners has the duty and authority to manage state trust lands under regulations provided in law. Under 77-1-301, MCA, the department of natural resources and conservation manages state lands under the direction of the board. Section 77-1-203(3) , MCA, opens state lands administered by the board to general recreational use subject to legal access and to closures and restrictions.

(2) Lands owned by the state that are not subject to ARM 36.25.143 through ARM 36.25.162 are:

(a) lands owned by the department of fish, wildlife and parks, including:

(i) those portions of game ranges and wildlife management areas that are owned by the department of fish, wildlife and parks;

(ii) state parks;

(iii) fishing access sites; and

(iv) lands leased by the department of fish, wildlife and parks to private individuals as cabinsites;

(b) lands subject to lease, license, or easement from the department to the department of fish, wildlife and parks or a city, county, or consolidated city-county government for the following purposes:

(i) public parks, and

(ii) fishing access sites;

(c) the surface, beds and banks of rivers, streams, and lakes that are open to the general public for recreational purposes under the stream access law;

(d) highways and highway rights-of-way, except that the prohibition against open fires in ARM 36.25.149(1) (d) applies where a highway crosses state lands administered by the department;

(e) lands administered by the department of corrections;

(f) campus grounds, experiment station grounds, and other lands owned by the university system;

(g) department of natural resources and conservation administrative sites;

(h) lands in which the department of natural resources and conservation does not own the surface, including lands where the department owns the mineral estate only and private lands over which the department has acquired an easement; and

(i) other lands owned by any other state agency.

(3) The main office of the department of natural resources and conservation is located in Helena. To administer its field functions, the department has divided the state into 6 geographic "areas," each administered by an "area land office," the head of which is the "area manager." Areas are further divided into units, each administered by a "unit office." A listing of those offices is:

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Area��	Office Location
Central Area
Central Land Office	Helena
Helena Unit Office	Helena
Bozeman Unit Office	Bozeman
Conrad Unit Office	Conrad
Dillon Unit Office	Dillon
Eastern Area
Eastern Land Office	Miles City
Northeastern Area
Northeastern Land Office	Lewistown
Glasgow Unit Office	Glasgow
Lewistown Unit Office	Lewistown
Northwestern Area
Northwestern Land Office	Kalispell
Kalispell Unit Office	Kalispell
Libby Unit Office	Libby
Plains Unit Office	Plains
Stillwater Unit Office	Olney
Swan River Unit Office	Swan Lake
Southern Area
Southern Land Office	Billings
Southwestern Area
Southwestern Land Office	Missoula
Missoula Unit Office	Missoula
Hamilton Unit Office	Hamilton
Clearwater Unit Office	Greenough
Anaconda Unit Office	Anaconda

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(4) Whenever in ARM 36.25.143 through ARM 36.25.162, the submission of a document, such as a petition, is required to be filed at an area or unit office, the document must be submitted to the area or unit office listed above that administers the state land to which the document pertains. Persons may contact any department office to determine the appropriate office for any tract of land.

(5) Whenever in ARM 36.25.143 through ARM 36.25.162, a formal or informal hearing is required to be held in an "area," the term "area" refers to the department area in which the land to which the hearing pertains is located. The hearing may be held, at the department's discretion, at any location within that area.

History: 77-1-209, 77-1-804, and 77-1-806, MCA; IMP, 77-1-801 through 77-1-810, MCA; NEW, 1992 MAR p. 568, Eff. 3/27/92; AMD, 1994 MAR p. 1844, Eff. 7/8/94; TRANS, 1996 MAR p. 2384.