Know your rights when it comes to access!

The Montana Stream Access Law, passed in 1985 through House Bill 265, allows the public to use rivers and streams for recreational purposes up to the ordinary high water mark. Widely regarded as one of the strongest stream access laws in the western United States, it was established to protect public access rights to Montana’s waterways.

A river is considered navigable if it historically supported commercial use, including activities such as floating logs, transporting goods or mail, fur trade travel, outfitting, guiding, float fishing, or commercial boating operations. Under federal law and the Montana Constitution, the State of Montana owns the beds of navigable rivers up to the ordinary high water mark.

Class I waters are navigable rivers with publicly owned streambeds that historically supported commercial activity. Class II waters include all other surface waters capable of recreational use that are not classified as Class I waters. Recreational access is allowed on both, although some restrictions may apply on smaller Class II streams.

The law was championed by public access advocates Jerry Manley, Tom Bugni, and Tony Schoonen, whose efforts helped build bipartisan support among agricultural, conservation, and outfitting communities during the 1985 legislative session.

Yes. Various landowners and outside legal groups challenged the law in federal court, arguing that it constituted a governmental “taking” of private property rights. Those claims were ultimately rejected by the courts, including dismissal by the U.S. Supreme Court.

When the law was passed, some opponents predicted significant trespass and property damage concerns. A reimbursement fund was even established for potential damages. According to PLWA, no reimbursement claims were filed during the first 32 years the law was in effect.

Yes. In 2009, the Montana Legislature affirmed that public recreational access at county road bridges is legal and cannot be denied.

Yes. Spring creeks are treated like any other stream or river under Montana law. However, because many spring creeks flow entirely through private land, legal access points may be limited to road crossings, public lands, private land with permission, or the creek’s confluence with another accessible waterway. Once legally accessed, anglers may wade upstream or downstream while remaining below the ordinary high water mark.

Yes. Montana landowners may place fences across rivers or partially into the river channel, even under the Stream Access Law and Bridge Access Law. However, recreationists are legally allowed to portage around fences or obstructions using the “least intrusive manner.” While landowners may fence up to a bridge abutment, a fence extending directly beneath a bridge would be considered an illegal encroachment on a public right of way.