Administrative Rules for Recreational Use on Trust Land
Administrative Rule Review
The Montana DNRC is actively reviewing administrative rules that impact public use of state trust land. This review is occurring in phases in order to ensure clarity in process.
Through the fall and winter of 2024, DNRC worked to remedy rules that conflicted with existing statute, and to align food storage requirements with other state lands and federal lands in Montana. A proposal notice was approved by the Montana Board of Land Commissioners (Land Board) at their August 19, 2024 meeting. DNRC scoped for public comment and for environmental impacts through October 4, 2024, and a public hearing was held on September 26, 2024. The Land Board approved the adoption notice at their January 21, 2025 meeting, and the amended rules were effective on February 7, 2025.
Phase 2 rulemaking considers renumbering and organizing public use rules within their own section of the administrative rules, and simplifying language throughout. This rulemaking effort is to make the rules easier to find and understand. The proposal notice was published by the Secretary of State on July 11, 2025, and the department took public comment and hosted a hearing on August 8, 2025 on the drafted rules. The Land Board approved the adoption notice at their October 20, 2025 meeting. The new rules were published with the Secretary of State and are effective as of November 8, 2025. See side bar for details on important dates.
Phase 3 contemplates a broad review for relevancy and will consider opportunities to change rule language and outcomes. Phase 3 rulemaking is anticipated to begin in early 2026 with stakeholder and public outreach.
ANNOUNCEMENT
Phase 2 Rule amendments were adopted as proposed in the Proposal Notice. They were published with the Secretary of State on November 7, 2025 through MAR Notice No. 2025-91.2.
Phase 2 Rule Amendments went into effect on Saturday, November 8, 2025
View the effective rules for recreational use of state trust land on the Secretary of State's website here: 36.25.12 Recreational Use of Trust Land
To sign up as an interested party for public use rulemaking join our mailing list .
Documents and References
Administrative Rules for Recreational Use of State Trust Land (ARM 36.25.1201 et seq.)
Statute for Recreational Use of State Trust Land (MCA 77-1-801 et seq.)
Important Dates
** PHASE 3 RULEMAKING **
Phase 3 is anticipated to begin in early 2026 with public and stakeholder outreach. Details will be posted soon. To stay informed on Phase 3, please consider joining the mailing list linked at the bottom of this page.
** PHASE 2 RULEMAKING **
Land Board Meeting - Adoption Notice:
Meeting was held on Monday, October 20, 2025 at 9:00 a.m.
Agenda (pg 42): 1025-6 Request to Adopt Recreational Use Rule Amendments
Land Board Meeting - Proposal Notice:
Meeting was held on Monday, June 16, 2025 at 9:00 a.m.
Agenda (pg 95): 0625-6 Request for Approval to Initiate Rulemaking to Amend Recreational Use Rules
Public Hearing:
Hearing was held on Friday, August 8, 2025 at 9:00 a.m.
Public Comment Deadline:
Comment deadline was Friday, August 8, 2025 at 5:00 p.m.
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