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 late 2025 or early 2026 with stakeholder and public outreach.

 

 

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Documents and References

Current Recreational Use Rules (ARM 36.25.143 - 36.25.167)

Proposed Amendments to Recreational Use Rules (New Rules 1 - 10)

Scoping Notice for Proposed Amendments to Recreational Use Rules 

Current Recreational Use Statute (MCA 77-1-801 et seq.)

Secretary of State Administrative Rules Webpage

Important Dates

** PHASE 2 RULEMAKING **
Land Board Meeting - Adoption Notice: 

Monday, October 20, 2025 at 9:00 a.m.
State Capitol, Room 303
Helena, MT

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. via zoom and in person at

Department of Natural Resources and Conservation
Montana Conference Room, first floor, 1539 Eleventh Ave., Helena, MT

 

Public Comment Deadline: 

Comment deadline was Friday, August 8, 2025 at 5:00 p.m.

 

 

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