Montana § 23-2-312 - Access To Surface Waters By Public Bridge Or County Road Right-Of-Way
Full text of Montana Montana Code Annotated § 23-2-312 — Access To Surface Waters By Public Bridge Or County Road Right-Of-Way, with citation guidance and answers to common questions.
§ 23-2-312. Access To Surface Waters By Public Bridge Or County Road Right-Of-Way
Access to surface waters by public bridge or county road right-of-way. (1) A person may gain access to surface waters for recreational use by using: (a) a public bridge, its right-of-way, and its abutments; and (b) a county road right-of-way. (2) When accessing surface waters pursuant to subsection (1), a person shall stay within the road or bridge right-of-way. Absent definition in an easement or deed to the contrary, the width of a bridge right-of-way is the same width as the right-of-way of the road to which the bridge is attached. (3) The provisions in 7-14-2134 , 23-2-313 , and this section related to public access to surface waters for recreational use neither create nor extinguish any right related to county roads established by prescriptive use that exist on April 13, 2009. (4) For purposes of determining liability, a person accessing surface waters for recreational use pursuant to this section is owed no duty by a landowner or an agent or tenant of that landowner other than for an act or omission that constitutes willful or wanton misconduct.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 23-2-312
What does Montana Code Annotated § 23-2-312 cover?
Section 23-2-312 ("Access To Surface Waters By Public Bridge Or County Road Right-Of-Way") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 23-2-312?
A common citation format is "Montana Code Annotated § 23-2-312" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 23-2-312 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.