77-1-101. Definitions. Unless the context requires otherwise and except for the definition of state land in 77-1-701, in this title, the following definitions apply:
     (1) "Board" means the board of land commissioners provided for in Article X, section 4, of the Montana constitution.
     (2) "Commercial or concentrated recreational use" means any recreational use that is organized, developed, or coordinated, whether for profit or otherwise. Commercial or concentrated recreational use includes all outfitting activity and all activities not included within the definition of general recreational use.
     (3) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
     (4) (a) "General recreational use" includes noncommercial and nonconcentrated hunting, fishing, and other activities determined by the board to be compatible with the use of state lands.
     (b) General recreational use does not include the use of streams and rivers by the public under the stream access laws provided in Title 23, chapter 2, part 3.
     (5) "Legally accessible state lands" means state lands that can be accessed by:
     (a) dedicated public road, right-of-way, or easement;
     (b) public waters;
     (c) adjacent federal, state, county, or municipal land if the land is open to public use; or
     (d) adjacent contiguous private land if permission to cross the land has been secured from the landowner. The granting of permission by a private landowner to cross private property in a particular instance does not subject the state land that is accessed to general recreational use by members of the public, other than those granted permission.
     (6) (a) "State land" or "lands" means:
     (i) lands granted to the state by the United States for any purpose, either directly or through exchange for other lands;
     (ii) lands deeded or devised to the state from any person; and
     (iii) lands that are the property of the state through the operation of law.
     (b) The term does not include:
     (i) lands that the state conveys through the issuance of patent;
     (ii) lands that are used for building sites, campus grounds, or experimental purposes by a state institution and that are the property of that institution;
     (iii) lands that the board of regents of higher education has authority to dispose of pursuant to 20-25-307; or
     (iv) lands acquired through investments under the provisions of 17-6-201.

     History: En. Sec. 2, Ch. 60, L. 1927; re-en. Sec. 1805.2, R.C.M. 1935; amd. Sec. 7, Ch. 184, L. 1961; amd. Sec. 2, Ch. 428, L. 1973; amd. Sec. 2, Ch. 203, L. 1977; R.C.M. 1947, 81-102; amd. Sec. 10, Ch. 467, L. 1987; amd. Sec. 2, Ch. 609, L. 1991; amd. Sec. 3, Ch. 370, L. 1995; amd. Sec. 313, Ch. 418, L. 1995; amd. Sec. 2, Ch. 32, L. 1997.