77-1-125. Liability for unauthorized installation or construction of facility or structure on state trust land -- penalty. (1) A person, other than the lessee of the affected state trust land, may not, after September 30, 1997:
(a) install or construct a road, pipeline, ditch, utility line, fence, building, or other facility or structure on state trust land without obtaining an easement, lease, license, or other written permission of the department; or
(b) disturb state trust land in anticipation of the installation or construction of the facility or structure.
(2) A person who violates subsection (1) is liable to the department for a civil penalty in an amount determined by the board. The penalty may be an amount up to three times the full market value of the land disturbed or affected or $500, whichever is greater.
(3) In addition to the penalty provided for in subsection (2), a person who installs or constructs a facility or structure on state trust land without permission is liable for any permanent damage to the state trust land and may be required to remove the facility or structure and to reclaim the disturbed land to the satisfaction of the department or to pay the department's cost of removal and reclamation.
(4) If the department allows the facility or structure to remain on state trust land, the department shall also require payment of full market value of any easement, lease, or license required for the facility or structure.
(5) The penalties provided in this section do not apply to the lessee of the affected state trust land. The remedies and penalties provided in a state trust easement, lease, or license and the statutes and regulations under which the easement, lease, or license was entered are the exclusive remedies and penalties that may be applied to a lessee.
(6) The penalties provided in this section do not apply to persons who have inadvertently installed or constructed pipelines or utility lines within 20 feet of the easement boundaries granted by the state.
(7) The penalties provided in this section do not apply to facilities or structures installed on lands acquired by the state through exchange or purchase that were authorized with the permission of the previous landowner or through authority granted by an appropriate government agency.
History: En. Sec. 1, Ch. 460, L. 1997; amd. Sec. 21, Ch. 275, L. 2017.
Structure Montana Code Annotated
Chapter 1. Administration of State Lands
77-1-102. Ownership of certain islands and riverbeds
77-1-103. Administration of lands
77-1-106. Setting of rates or fees -- rules
77-1-107. Purchase of historic easement across state land for benefit of private land
77-1-108. Trust land administration account -- administrative costs -- appropriation
77-1-109. Deposits of proceeds in trust land administration account
77-1-112. Violations classified
77-1-113. Restrictions on who may buy or lease state lands
77-1-117. Disposition of fines and judgment proceeds
77-1-118. Use of exploding targets prohibited -- definition -- penalty
77-1-121. Environmental review compliance -- exemptions
77-1-122. Environmental review of energy development projects on state land
77-1-123. and 77-1-124 reserved
77-1-126. Notice of noncompliance
77-1-127. Department authorized to control weeds -- billing for weed control
77-1-128. Administrative hearings
77-1-129. Rulemaking authority
77-1-131. State lands historic right-of-way account
77-1-132. Earnings reserve account
77-1-141. Determination of date of delivery