Montana § 87-1-295 Public Access Land Agreement -- Terms -- Application Fee

Montana Statutes

§ 87-1-295 — Public Access Land Agreement -- Terms -- Application Fee

Montana·Title 87 FISH AND WILDLIFE·Ch. 1 ORGANIZATION AND OPERATION·Part 2 Department of Fish, Wildlife, and Parks

87-1-295 . Public access land agreement -- terms -- application fee.

(1)A public access land agreement may be granted only to a landowner who is providing access across the landowner's land to public land that is leased by the landowner or to public land for which there is no leaseholder. An agreement may not include land for which the landowner is also compensated pursuant to 76-17-102 or 87-1-294 .

(2)The department may negotiate the terms of a proposed public access land agreement with the landowner. Negotiable terms include:

(a)the amount of compensation, not to exceed $15,000 annually, and the duration of the agreement;

(b)improvements to the land provided by the department that may facilitate public access;

(c)the location of the access and the transportation mode by which the p

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87-1-295 . Public access land agreement -- terms -- application fee. (1) A public access land agreement may be granted only to a landowner who is providing access across the landowner's land to public land that is leased by the landowner or to public land for which there is no leaseholder. An agreement may not include land for which the landowner is also compensated pursuant to 76-17-102 or 87-1-294 .
(2) The department may negotiate the terms of a proposed public access land agreement with the landowner. Negotiable terms include:
(a) the amount of compensation, not to exceed $15,000 annually, and the duration of the agreement;
(b) improvements to the land provided by the department that may facilitate public access;
(c) the location of the access and the transportation mode by which the public may use the access;
(d) time periods when the access may and may not be used; and
(e) penalties for trespassing on private land not covered by the agreement.
(3) The private land/public wildlife advisory committee appointed pursuant to 87-1-269 shall review proposed public access land agreements and make recommendations to the department. The department shall consider the recommendations when issuing agreements.
(4) The department may revoke a public access land agreement for a violation of the terms of the agreement.
(5) The restriction on liability of a landowner, agent, or tenant that is provided under 70-16-302 (1) applies to a landowner who holds a public access land agreement.
(6) The department may adopt rules to implement the provisions of this section.

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