Montana Stream Access Law
Stream Access in Montana

Montana's stream access law states that recreational use of rivers and streams can be conducted without regard to ownership of the land underlying and surrounding said rivers and streams. Basically, the law allows fishermen and other recreationalists to legally travel within the normal high-water marks of any surface water in the state. This means that as long as you don't step out of the streambed, you can fish just about anywhere you want.

Montana waters are broken into two categories. Class I waters are those considered navigable by multiperson watercraft. For the Bozeman area, Class I waters include the Gallatin, Jefferson, Madison, Yellowstone, and Missouri Rivers. Everything else is Class II.

For fishermen, the only real difference between the two classifications is that overnight camping is allowed on Class I waters without landowner permission, provided it is "necessary for the enjoyment of the water resource AND is done out of sight of, or more than 500 yards from, any occupied dwelling." Class II waters require landowner permission for any overnight camping whatsoever. Fishermen must also obtain permission to fish any stock ponds or impoundments fed by intermittent streams, irrespective of water classification.

Portage around artificial barriers is permitted on both Class I and II waters, provided it is done in the least intrusive manner possible and that portages are kept to an absolute minimum.

For more information about Montana's Stream Access Law, pick up a brochure at Montana Fish, Wildlife & Parks, or call 406-994-4042.