Landing State Land MT
- Thread starter krines
- Start date
Roger Gross
Registered User
Great Question.
I copied this from the code, which I am sure is why your asking.
36.25.145 (15) "Legally accessible state lands" means state lands that can be accessed by dedicated public road, public right of-way, or public easement; by public waters such as lakes, rivers, and streams that are recreationally navigable under 23-2302, MCA; by adjacent federal, state, county, or municipal land if the land is open to public use; or by adjacent private land if permission to cross the land has been secured from the landowner. Accessibility by aircraft does not render lands legally accessible under this definition. The granting of permission by a private landowner to cross private property in a particular instance does not subject the state land that is accessed to general recreational use by members of the public other than those granted permission.
36.25.149 GENERAL RECREATIONAL USE OF STATE LANDS: RESTRICTIONS (1) The following restrictions apply to persons engaging in general recreational use of state lands except for general recreational use subject to block management restrictions pursuant to ARM 36.25.163: (a)(i) Except as provided in (ii) and (iii), motorized vehicle use on state lands by recreationists is restricted to federal roads, state roads, dedicated county roads, other county roads that are regularly maintained by the county and those roads on state lands that are designated by the department as open for motor vehicle use.
And
67-1-204. Lawfulness of flight and landings. (1) Flight in aircraft over the lands and waters of this state is lawful, unless it is at such a low altitude as to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless conducted as to be imminently dangerous to persons or property lawfully on the land or water or in violation of the air commerce regulations that have been or may be promulgated by the department of transportation of the United States. [FONT="] [/FONT] (2) Aircraft landings and takeoffs from the public waters of this state are lawful if proper safety precautions regarding public waters, as prescribed in 14 CFR, part 91, are taken prior to the landing or takeoff, except as otherwise provided by this section. [FONT="] [/FONT] (3) Aircraft landings and takeoffs from public roads in this state are lawful if proper safety precautions, as approved by the governing jurisdiction of the roads, are taken prior to the landing or takeoff, except as otherwise provided in this section. However, the local governing jurisdiction may not incur liability as a result of an approval under this subsection.
I copied this from the code, which I am sure is why your asking.
36.25.145 (15) "Legally accessible state lands" means state lands that can be accessed by dedicated public road, public right of-way, or public easement; by public waters such as lakes, rivers, and streams that are recreationally navigable under 23-2302, MCA; by adjacent federal, state, county, or municipal land if the land is open to public use; or by adjacent private land if permission to cross the land has been secured from the landowner. Accessibility by aircraft does not render lands legally accessible under this definition. The granting of permission by a private landowner to cross private property in a particular instance does not subject the state land that is accessed to general recreational use by members of the public other than those granted permission.
36.25.149 GENERAL RECREATIONAL USE OF STATE LANDS: RESTRICTIONS (1) The following restrictions apply to persons engaging in general recreational use of state lands except for general recreational use subject to block management restrictions pursuant to ARM 36.25.163: (a)(i) Except as provided in (ii) and (iii), motorized vehicle use on state lands by recreationists is restricted to federal roads, state roads, dedicated county roads, other county roads that are regularly maintained by the county and those roads on state lands that are designated by the department as open for motor vehicle use.
And
67-1-204. Lawfulness of flight and landings. (1) Flight in aircraft over the lands and waters of this state is lawful, unless it is at such a low altitude as to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless conducted as to be imminently dangerous to persons or property lawfully on the land or water or in violation of the air commerce regulations that have been or may be promulgated by the department of transportation of the United States. [FONT="] [/FONT] (2) Aircraft landings and takeoffs from the public waters of this state are lawful if proper safety precautions regarding public waters, as prescribed in 14 CFR, part 91, are taken prior to the landing or takeoff, except as otherwise provided by this section. [FONT="] [/FONT] (3) Aircraft landings and takeoffs from public roads in this state are lawful if proper safety precautions, as approved by the governing jurisdiction of the roads, are taken prior to the landing or takeoff, except as otherwise provided in this section. However, the local governing jurisdiction may not incur liability as a result of an approval under this subsection.
mvivion
SPONSOR
Bozeman,MT
I've been trying for a couple of months to get a straight answer from the Forest Service as to whether it's legal to land on National Forest Lands (outside Wilderness, of course). Everybody I've spoken to has said they're pretty sure it's illegal, but when I ask them to cite a regulation, they all tell me they'll get back to me.
That's the Custer/Gallatin NF and the DC Office.
For other land management agencies, it's fairly straightforward: NPS says not no, but hell no, and there's a regulation that applies to all National Parks in the Lower 48. Same for Fish and Wildlife Service Refuges.
For National Forest lands and BLM, not so clear. I'm pretty sure they'd all tell you no....but I'm looking for something in writing.
I suspect that so few people have landed airplanes off airport in the Lower 48 till recently, it's just not been an issue. That's rapidly changing, however.
MTV
That's the Custer/Gallatin NF and the DC Office.
For other land management agencies, it's fairly straightforward: NPS says not no, but hell no, and there's a regulation that applies to all National Parks in the Lower 48. Same for Fish and Wildlife Service Refuges.
For National Forest lands and BLM, not so clear. I'm pretty sure they'd all tell you no....but I'm looking for something in writing.
I suspect that so few people have landed airplanes off airport in the Lower 48 till recently, it's just not been an issue. That's rapidly changing, however.
MTV
My wife used to work for the Forest Service, she's checking with her old boss, but she's pretty certain that landing on roads is perfectly legal. She said she'll double check with her old boss to make certain.
What about gravel bars on one of the bigger rivers in the state? Is it OK to land as long as you're below the high water line?
What about gravel bars on one of the bigger rivers in the state? Is it OK to land as long as you're below the high water line?
Roger Gross
Registered User
Lawyer required:
I was interested in the answer and hoping a legal expert would join the conversation. The way I interpret is that it is ok to land on a road or established two track on state land that has access by county road or navigable waters, but if it is surrounded by private land then permission is required from the land holder. As always it is open to interpretation and you would probably have to look in case law to find out. I do not have the ability to research that in Montana. Interesting in any regard.
I was interested in the answer and hoping a legal expert would join the conversation. The way I interpret is that it is ok to land on a road or established two track on state land that has access by county road or navigable waters, but if it is surrounded by private land then permission is required from the land holder. As always it is open to interpretation and you would probably have to look in case law to find out. I do not have the ability to research that in Montana. Interesting in any regard.
Montana Stream Access laws do not allow for landing on gravel bars. Here's a quote from the brochure, same goes for class II streams, this is discussing below the ordinary high water mark: On Class I waters, landowner permission is required for thefollowing recreational uses:• operating all-terrain vehicles or other motorized vehicles not intended foruse on the water;
The Ranger said that as soon as wheels touch the ground, it's a motor vehicle, and they have to adhere to those rules. Any road or trail that's open to vehicles is OK to land on, as long as the road isn't being blocked, and as long as the plane stays in the right of way.
Cub Special Ed
Registered User
MT/SD
No motorized on state land. Now if a public road passes through that state land you can use the road.
Cub Special Ed
Registered User
MT/SD
Blm you can land on any established two track or road.
I wish you the best but I have a strong feeling you will not be allowed to land on state trust land. Whether it’s specifically illegal won’t matter. It’ll be an issue of being a motorized vehicle or disturbing wildlife or livestock, etc.
I lived in Montana for a decade and the goal was always to restrict access however possible, which is why I moved to Alaska.
I lived in Montana for a decade and the goal was always to restrict access however possible, which is why I moved to Alaska.
