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.

Phase 1 (2024 - complete): Alignment

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 (2025): Renumber, Reorganize, and Simplify Language

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 final adoption notice will be before the Land Board at their October 20, 2025 meeting. If approved, the rules are anticipated to be published with the Secretary of State and will be effective on November 8, 2025. See side bar for details on important dates.

Proposal Notice Land Board Agenda Item (pg 95) - June 2025
Proposal Notice - July 2025
Scoping Notice - July 2025
Checklist Environmental Assessment - August 2025
Adoption Notice Land Board Agenda Item (coming soon!) - October 2025

Phase 3 (2026): Review for Relevancy and Changes

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.

Initial Proposal
Amendments to Recreational Use Administrative Rules
July 11, 2025

The Montana Department of Natural Resources and Conservation (DNRC), Forestry and Trust Land Division, is proposing amendments to the following administrative rules related to recreational use of trust land:

Adopting New Rules 1-10, and repealing ARM 36.25.143, 36.25.144,
36.25.145, 36.25.146, 36.25.149, 36.25.150, 36.25.152, 36.25.153, 36.25.154, 36.25.155,
36.25.156, 36.25.157, 36.25.161, 36.25.162, 36.25.163, 36.25.164, 36.25.165, 36.25.166, and
36.25.167

The proposed amendments are necessary to renumber recreational use rules for trust land into their own subsection to make rules easier to find, and to simplify language throughout to make the rules easier to understand. New Rules 1-10 replace the repealed rules with simplified language and standardized terminology, and organize rule content to address redundancies. This rulemaking broadly simplifies and organizes content for all rules pertaining to recreational use of trust land while retaining the intent of the original rules.

Montana DNRC is in the scoping phase of the project and invites the public to submit written comments for the proposed amendments and any anticipated environmental impacts. The proposed amendments were published in the Montana Administrative Register on July 11, 2025. Please submit all comments by August 8, 2025, to:

dnrcrecreationrules@mt.gov
or by mail to:
Department of Natural Resources and Conservation
Attn: Recreational Use Rules
P.O. Box 20101
Helena, MT 59620