Recently there was an article in the Missoulian by George Ochenski suggesting a way to “enhance access to public lands” is to “paint the corner posts on all state land sections blue.” He thinks that would make it so “any member of the public would know immediately whether the land they seek to access is public....”
Well, that may identify the state land but it wouldn’t necessarily make it available to any member of the general public. First of all, assuming they could get there without trespassing on private land, according to State statutes, anyone without a valid hunting or fishing license would need to go online or journey to the nearest district Montana Department of Natural Resources and Conservation (DNRC) office and purchase a $10 State Land Recreational Use License.
Then, if the road wasn’t a federal, state, a dedicated county road or other road regularly maintained by the county, or other road which has specifically been designated open by DNRC, vehicles would be prohibited and they would have to walk, or wait for winter and access it via a snowmobile. Off road vehicle travel is prohibited.
Maps are of limited use because the only roads and trails able to be shown on a map are ones which a specific organization holds a license or easement to be responsible for maintenance and liability.
The majority of the five million acres of state lands are under lease to private entities that have priority over any general recreation use by the public. I’m even hesitant to call DNRC land “public.” Leaseholders have the right to require the public to register with them to travel, or deny access, on their leased state land. If not hunting, shooting a gun may require prior notification to the lessee.
Once getting onto State DNRC lands with the necessary licenses and abiding by the access requirements, the public is only allowed to have open fires in designated campgrounds if on leased or licensed state land. Pets must be kept on a leash or otherwise under the control of the recreationist.
I certainly agree with Mr. Oschenski that we need “an effective way to increase public access to public lands,” particularly state lands. But a first chore for the governor and the legislature would be to change the laws concerning public use of state land to allow the Department of Natural Resources and Conservation to accommodate general outdoor recreation use. Otherwise, they don’t seem to be very public.
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