Montana Stream Access Law

The Montana Stream Access Law says that anglers, floaters and other recreationists in Montana have full use of most natural waterways between the high-water marks for fishing and floating, along with swimming and other river or stream-related activities.

[6] Following Curran and Hildreth, the Montana Legislature enacted the Stream Access Law in 1985.

[6] An Attorney General's opinion added trapping to the list of permissible recreational uses.

[7] The question of stream access at bridge crossings was resolved by HB 190 in 2009.

The law states that a landowner may erect fences abutting bridge structures to control livestock so long as the fence includes approved access features such as gates, stiles etc..[8] The law creates two classifications of waters capable of recreational use: Class I and Class II.

Favorable posted county road bridge crossing on East Gallatin River near Belgrade, MT
Camping on the Jefferson River below the high-water mark – an example of public stream access rights
Public access from a bridge right-of-way