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Montana State Land Right-of-Way (3-MT-b)

Information current as of 2022
In Montana, a developer may need to obtain a State Land Right-of-Way Easement from the Montana State Land Board for projects that need access to, on, or over state lands. MCA 77-4-101.



State Land Right-of-Way Process


3-MT-b.1 - Application for Lease, Right-of-Way, or Easement

Developers seeking to utilize state lands must submit an application for a lease, right-of-way, or easement to the Montana State Land Board within the Montana Department of Natural Resources & Conservation. ARM 36.2.1001.


3-MT-b.2 to 3-MT-b.3 - Review Application Materials for Completeness

The form is submitted to the Montana Department of Natural Resources & Conservation. The department reviews the application for consideration. If there is a defect in the application, the application is returned to the applicant with a written explanation of the deficiencies.


3-MT-b.4 - Review Application & Propose Necessary Stipulations

The Montana Department of Natural Resources & Conservation may propose lease stipulations in order to preserve the resource as well as protect the environment.


3-MT-b.5 - Lease, Right-of-way, or Easement

Under ARM 36.2.1001, the actual forms of leases are written for each specific use and are modified as necessary.


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