Administrative Rules of Montana
Department 12 - FISH, WILDLIFE, AND PARKS
Chapter 12.4 - STREAM ACCESS RULES
Subchapter 12.4.1 - Management of Recreational Use of Rivers and Streams
Rule 12.4.104 - PETITIONS RELATING TO RESTRICTING RECREATIONAL USE OF CLASS I OR CLASS II RIVERS AND STREAMS
Current through Register Vol. 6, March 22, 2024
(1) Any person may petition the commission for an order limiting, restricting or prohibiting the type, incidence, or extent of recreational use of a class I or class II water.
(2) A petition under this section must meet the requirements of ARM 12.4.103(2) and must specifically allege one or more of the following facts in support of the request for commission action:
(3) Each allegation of damage in the petition must be accompanied by a specific description of the damage, including the character of the damage (i.e., erosion, crop damage, etc.) and a description of the location on the river or stream where the damage has occurred.
(4) The commission shall process the petition in accordance with ARM 12.4.103(3) through (9), and may order any restriction on recreational use it finds necessary to alleviate damage described in ARM 12.4.104(2), including absolute prohibition of recreational use, provided that it confines its action to that which is least disruptive to public recreational use and still provides the necessary protection.
87-1-303, MCA; IMP, 23-2-302, MCA;