Montana Stream Laws
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- Опубликовано: 7 сен 2024
- Montana Stream Laws Explained: What Landowners Need to Know
In this comprehensive guide, we dive deep into Montana's stream access laws, and crucial information for new and potential landowners in the state. If you've ever wondered about the rights of the public versus the rights of those who own land adjacent to rivers, this video is for you. We cover key aspects like the difference between Class I and Class II rivers, the rules around camping near waterways, and the importance of the high-water mark. We also address common misconceptions and answer pressing questions sparked by our previous videos on the subject. For a detailed understanding of Montana's stream laws and the impact they might have on your property rights, don't miss this essential guide.
Stream Law Link: fwp.mt.gov/fis...
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Will Friedner
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The greatest stream access law in America! If you don’t like it don’t buy land here! Montanans will NEVER agree to change this access law. EVER.
IF PEOPLE DON'T LIKE MONTANA LAWS, DON'T MOVE TO MONTANA! MONTANA DOES NOT WANT TO CHANGE TO CALIF. LAWS! LEAVE MONTANA, MONTANA! THANKS FOR THIS GREAT VIDEO!
It's not just Montana.!
Or buy property in Wyoming instead
Or just stay in California if you like the politics there. Leave California, leave your politics there.
Put up a wall
Nice video! My wife lived most of her life in Montana, mostly Kalispell and Arlee. My parents lived in Montana from 1966 until my dad's death in July 2004. They lived in Missoula. I've lied in Montana several times, most recently from 2002 to 2011. My wife and I moved to Hawaii, the Island of Molokai, four years ago. We still have many friends and relatives in Montana. You have a beautiful (but often far too cold for me) state. Aloha & Mahalo from Hawaii. Andy McKane, Maunaloa, Molokai, HI.
Lucky you, Andy! You're living my dream!
My hubby is a surveyor, so I was watching this and paused it to ask him some questions. He said "yup, you have no idea how pissy people get. Hire a land Surveyor and know your laws!!
You would think people would do their due diligence on such issues. We did before buying our place on Rock Creek. Thanks for the informative video!
Thanks for watching!
River scenes like these are lovely to watch! It's very soothing to watch a river go by with a blue sky above!❤
Thanks for posting this
As a fly fisherman I “educate” these new transplants yearly 😎
Here’s how to handle that. Be a good neighbor, make new friends, offer rafters fresh water and good conversation. Enjoy Big Sky Country together. ❤
Love you guys Channel. Very insightful and informative on certain topics people aren’t familiar with.
Thanks for watching!
The highwater rule is universal accepted with some tweeks everywhere in the United States. Basiclly whether you are on on a river, lake, or ocean you are typically free to enjoy the dry land upto the high water mark. In Florida and California, we have encountered some areas where it is difficult to reach the water because lack of public access but there is always a way if your up for a walk.
Thank you for this video. It sounds like Montana law does a fair job of embodying fairness, common courtesy, and common sense.
Doing research helps so much. Thanks for sharing this. Cheers, Will!
I miss that place. My heart is there. Two of my favorite rivers. But high cost of living and low wages and all the coastal people not the right time to live there.
The opposite is in Colorado where people pay thousands of dollars to fish on private property for near record size fish. Very little river footage is available for free public access.
EXCELLENT VIDEO !
I live along the Atlantic Ocean and same laws apply on the ocean or the bay so for me it is a given there will some type of water way law to ask about.
I called Montana Department of Fish, Wildlife and Parks and asked if i could fish X Creek. The creek is very small. The warden told me I could, but stay in the water or he would get a phone call and come visit me. If I said who the land owners are I think everyone would know the names.
before i moved to Idaho i lived in Chester California, for 12 years and the rich started building giant homes around the lake, so they did not like us walking behind their homes as we walked around fishing, so they wanted a meeting and PG&E showed up and said ok we will put up a fence and will take most of your back yards around the lake taking up our property that we own since we own the lake we built for power and water and you will have to take out your floating docks we let you put in our lake, they never said anything but did walk right out and never bothered anyone fishing again
As i understand it, Wyoming has similar laws. All navigable waterways are public, even when they run through private land. However, you must stay in your drift boat ( or wade ) , when on private land, it's trespassing if you disembark.
Not at all similar to Wyoming. Landowner in Wyoming owns the bottom of the river- just not the water. If you touch ground to repair your boat or pee or anything you are trespassing.
IMHO, Montana got this right. And I own property on a stream there. What river is that first one?
It's the Middle Fork of the Flathead River
@@LivinginMontana1 thanks!!
I think the courts were clear on this when Huey Lewis went to court to stop people from the river area running through his Bitterroot ranch. Don't get me wrong, Huey Lewis is a great guy, very friendly, he was upset about people leaving garbage in the area. Justifiably so. Plus, people were going beyond the high water mark and hunting his land.
Waterway Laws are the same in my State, up to the high water line. We do have Land Owners who think otherwise and I have even been questioned while wading through an area while Fly Fishing. As long as I am within the High Water Line ,it's legal.. I also respect Land Owners and would not camp or shore lunch in their backyard . I do not see this Law as a problem.. People need to know the Laws before buying property.
Thanks for the video and clarification… public access to the waterways and streams sounds like a liberal thing…….. and I agree with it..
I know this place. Confluence of the Middle Fork of the Flathead river and the North Fork of the Flathead river. Blankenship bridge is down stream.
All of your information should be printed in California newspapers. Your video should be seen in tv like a commercial, except with inclusion of the following, “ Save yourselves heartache and trouble , do not move to Montana! There’s no vacancy”.
what about access ? You cannot cross private property to access the river.
Anywhere a public road crosses the river can be used as a public access.
I would hate having strangers in my backyard and I bet a lot of them leave a big mess or camp out for days. I know someone with a big ranch out there and he said people don't respect the high water rule and roam his land opening gates and messing with his cattle. He said it's going to get worse.
I would check into it because most people that use waterways do not leave a mess, destroy things or have a purpose to go away from the river and open gates or fences. It sounds to me that he is just pissed that he has to obey the law.
@@jamesadams2334 most is not good enough. buy a cow and let me shoot it. i only want a leg.
Thanks!
Thank you and Thanks for watching!!
Sensible laws.
We're not allowed to big game hunt using access of the high watermark but can fish using it? Might want to check on that. I understand the opposite. In Montana no motor used to mean electric was fine. Then they changed it and said no motor is no motor. Also more importantly state wide fishing regulations aren't equal you need to look up where your going specifically. Including what parts of the same river have different regulations. Carry your book.
I don't have to ask landowners if it is ok to exercise my rights to access Montana streams. It is not a good idea to ask permission to do that. It must suck to be a real estate agent here in Montana where we enjoy our rights to public access.
Why would it suck? I agree with these laws.
If you just go do it and obey the law then you are legal. If you approach the landowners first and they say no, even though you are legal, now you have an argument or fight on your hands.@@LivinginMontana1
Did they tear down that cabin thats close to the river yet in Glacier?
Living and fishing in Wyoming, I like Montana stream laws. If I was going to buy property, I would probably buy in Wyoming. Wyoming laws favor the land owners, they own the riverbeds.
That's total bullsh*t. No one should own a river bed.
Wonder what happened with the situation at the Blankenship Bridge?
So sad how people move into a new area and think they can just take it over. It’s like that in Hawai’i. People relocate then complain about living next to a school and kids are making too much noise, or next to a park and complain there’s a baseball game going on, or a facility that events are held at and complain about the noise. It’s a daily battle. 😢
Very sad.
Or they move to the country and get mad when farmers are harvesting or doing work that has to be done NOW, not during “Normal” business hours.
So beautiful.
How’s the Trout population in the Rivers?
Great
I wish I lived in Montana. As someone that lives to hunt and fish Indiana has become a terrible place for an outdoorsman. The state paid the farmer to wetlands along the streams. The paid the value of the land and the farm kept the land. The state paid to have trees planted on it. Sounds great. but the farmer sold the land again. People that can afford to buy 100's of acres to hunt bought the properties. The people of the state still own the river. But the deeds read to the water's edge. So, unless you travel miles to launch a boat access to the river is denied.
The way I understand it is any navigable Waters in other words any water you can float a canoe
That definition varies by state and in many states you don't get to go on private property just because you can float a canoe on it.
For federal laws see; CFR 33 Title: PART 329 - DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES . Some states have law suites that are changing this to match the fed laws like Montana does see 329.11 (a) Jurisdiction over entire bed. Federal regulatory jurisdiction, and powers of improvement for navigation, extend laterally to the entire water surface and bed of a navigable waterbody, which includes all the land and waters below the ordinary high water mark...(2) Ownership of a river or lake bed or of the lands between high and low water marks will vary according to state law; however, private ownership of the underlying lands has no bearing on the existence or extent of the dominant Federal jurisdiction over a navigable waterbody
States still have their own laws but basically all are the same. Pennsylvania used to state COMMERCIALLY NAVIGABLE waters however this got to be a big hassle also because when white water and guided fishing companies started up on a river, it made that a commercially navigable river. I'm not sure what it is now, this was 40 years ago.
The laws in california are very simular i think most states are like this
Do these laws apply on tribal lands or do they have separate laws for that?
Wow! If that isn't a good question....
Would guarantee if the tribes pushed the issue they would win ,they always do
With all the blue voters moving there to escape the cesspools they created elsewhere you can bet that will degrade sooner than later
Very few people would even want to be on tribal land…trust me you don’t want to..lol
Is gold panning aloud in the rivers?
Some places, do your research.
You own it but don’t control.
Technically you don't own it.
Don’t call it ‘your’ back yard if the area in question is for public use! My take away from watching a small portion of this video is your desire to cry! Did you check the laws prior to purchase?
Maybe watch the whole video before commenting, you totally missed the point!
@@LivinginMontana1 Don’t need to! The way you started turn me off to the whole thing
Again, your comment is out of context and makes no sense! The only person crying here is you.
Dear land owners, share the land or we will just take it all eventually and turn it into reserve land that nobody can live on and everybody can enjoy! You don't need to hoard 200 acres or more, no logical reason except for greed!
They should ban motorized vehicles on the high water mark for obvious reasons.
Why?
@@jamesadams2334 cause some clown will break down and walk away forever
Only idiots will argue before investigating.
I guess the Master plan is to start shipping California's Homeless to Montana.
Another reason not to move to montana
Yes nobody should move the place is already over run.
The most stupid response I've seen yet!