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 12.4.106 - SPECIAL DESIGNATIONS OF CLASS II STREAMS
Current through Register Vol. 6, March 22, 2024
(1) Any person may petition the commission for an order to identify class II streams which are not capable of recreational use or are capable of limited recreational use, and to restrict the recreational use to the actual capacity of the stream.
(2) A petition under this section must meet the requirements of ARM 12.4.103(2) and must include allegations and supporting data and documentation that the class II stream is incapable of or is capable in a limited fashion of supporting one or more of the following recreational uses: fishing, hunting, swimming, floating in small craft or other flotation devices, boating in motorized craft or craft propelled by oar or paddle.
(3) The commission shall process the petition in accordance with ARM 12.4.103(3) through (9).
(4) In its determination, the commission shall consider, among others, the following factors for each kind of use:
(5) The commission shall process the petition in accordance with ARM 12.4.103(3) through (9), and may order any restriction it finds necessary to limit recreational use to the actual capacity of the stream, including absolute prohibition of recreational use, provided it confines its action to that which is least disruptive to public recreational use and still provides the necessary protection.
(6) Nothing in this rule shall obligate the petitioner to conduct formal studies to provide relevant data or to bear the expense of such studies. If the commission requires additional studies to reach an informed decision the department shall bear the cost of the additional studies.
87-1-303, MCA; IMP, 23-2-302, MCA;