76-16-310. Permit required to run livestock in state district. (1) An owner or person in control of livestock may not permit livestock to run at large or under herd within the exterior boundaries of a state district unless the owner or person in control of the livestock first obtains a grazing permit from the state district.
(2) The owner or person in control of livestock running at large or under herd within a state district without a permit from the state district or in excess of the permit is liable for all damages sustained by any member, permittee, or state district that are a result of the person's unpermitted use of the state district. If livestock wrongfully enter a state district, the owner or person in control of the trespassing livestock, who willfully or negligently permits livestock to run at large within the state district without first obtaining a permit from the state district, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount not less than $10 or more than $500. In addition to a fine, the owner or person is liable for all damages that are caused by the trespassing livestock.
(3) This provision does not require any person to obtain a grazing permit to graze livestock on land that the person owns or controls within a state district if the stock being grazed are restrained from running at large within the state district and from grazing on any other lands within the state district.
History: En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(1); amd. Sec. 25, Ch. 31, L. 2001.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Part 3. Organization, Administration, and Operation
76-16-301. Powers and duties of directors
76-16-302. Membership in state district
76-16-304. Effect of transfer of land
76-16-305. Acquisition and disposal of property
76-16-306. Management of grazing lands
76-16-307. Leasing of state lands
76-16-308. Regulation of stock grazing in state district
76-16-309. Knowledge of state district boundaries responsibility of livestock owner
76-16-310. Permit required to run livestock in state district
76-16-311. Control of trespassing livestock
76-16-312. Impoundment of trespassing livestock
76-16-313. Release of livestock
76-16-314. Recovery of excess charge for damages
76-16-315. Procedure upon inability to locate person responsible for trespassing livestock
76-16-316. Sale of trespassing livestock
76-16-317. Disposition of sale proceeds
76-16-318. Unlawful recovery of trespassing livestock
76-16-319. No liability for official acts
76-16-320. Maintenance of fences
76-16-321. Construction of trespass and fence provisions
76-16-322. Fence-out requirement
76-16-323. State district finances