Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 16. RIGHTS AND OBLIGATIONS INCIDENTAL TO OWNERSHIP IN REAL PROPERTY · Part 3. Gratuitous Permittee for Recreation
Montana Code Annotated

Mont. Code Ann. § 70-16-301 (2026)

Recreational Purposes Defined

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 16
  4. Part 3
  5. 70-16-301 Recreational purposes defined

TITLE 70. PROPERTY

CHAPTER 16. RIGHTS AND OBLIGATIONS INCIDENTAL TO OWNERSHIP IN REAL PROPERTY

Part 3. Gratuitous Permittee for Recreation

Recreational Purposes Defined

70-16-301. Recreational purposes defined. "Recreational purposes", as used in this part, includes hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, hiking, touring or viewing cultural and historical sites and monuments, spelunking, or other pleasure expeditions. The term includes the private, noncommercial flying of aircraft in relation to private land.

History: En. Sec. 2, Ch. 138, L. 1965; R.C.M. 1947, 67-809; amd. Sec. 1, Ch. 531, L. 1987; amd. Sec. 8, Ch. 264, L. 1993; amd. Sec. 1, Ch. 303, L. 1995; amd. Sec. 1, Ch. 353, L. 2007.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1982–2025 · leading case: Dobrocke v. City of Columbia Falls, 2000 MT 179 (Mont. 2000).
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Dobrocke v. City of Columbia Falls, 2000 MT 179 (Mont. 2000). · cites it 6× “Section 70-16-301, MCA, defines “recreational pin-poses” as “hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, hiking, touring or viewing cultural and historical sites and monuments, spelunking, or other pleasure…”
Galt v. State Dept. of Fish, Wildlife, 731 P.2d 912 (Mont. 1987). · cites it 5× “The definition by the legislature in 1933 of the right to use the streambeds up to the high water mark for the purpose of fishing is an indirect recognition of the legislature that § 70-16-301, MCA, is not worth the paper it is written on insofar as it applies to the streambeds…”
Gatlin-Johnson Ex Rel. Gatlin-Johnson v. City of Miles City, 2012 MT 302 (Mont. 2012). · cites it 4× “” Section 70-16-302(1), MCA. ¶25 Since both parties agree that the recreational use statute applies to this case, we assume without deciding, that an 8-year-old girl playing in a city park constitutes a 12 “recreational purpose” under the broad definition in § 70-16-301, MCA,…”
Simchuk v. Angel Island Cmty. Ass'n, 833 P.2d 158 (Mont. 1992). · cites it 4× “After reviewing the legislative history, statutory and case law from other jurisdictions, and the definition of “recreational purposes” in § 70-16-301, MCA, it is evident that the recreational use statute applies to land made available for public use.”
Kimberly Ann Sallee, Individually & as Next Friend of Lucas Gregory Durkop & Maria Christina Rivera, Matthew James Sallee, & James Allan Sallee v. Matthew R. Stewart & Diana Stewart D/B/A Stewartland Holsteins, 827 N.W.2d 128 (Iowa 2013). · cites it 2× “73301 (West 2009) (“or any other outdoor recreational use or trail use”); Mont.Code Ann. § 70-16-301 (2011) (“or other pleasure expeditions”); N.”
Weinert v. City of Great Falls, 2004 MT 168 (Mont. 2004). · cites it 5× “¶22 As defined at § 70-16-301, MCA, “recreational purposes” includes “hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, hiking, touring or viewing cultural and historical sites and monuments, spelunking, or other…”
Oberson v. United States Dep't of Agric., Forest Serv., 2007 MT 293 (Mont. 2007). · cites it 2× “¶10 The court also barred the Forest Service from arguing that the “willful or wanton” conduct standard found in §§ 70-16-301, 302, MCA (1995) (recreational use statute) applied in place of the “gross negligence” provision in the snowmobile liability statute.”
Saari v. Winter Sports, Inc., 2003 MT 31 (Mont. 2003). · cites it 2× “¶20 In addressing whether § 70-16-302, MCA, shielded the association from liability, we interpreted the statute by reviewing its legislative history, case law from other jurisdictions and the definition of “recreational purposes” set forth in § 70-16-301, MCA. We concluded that…”
Lonergan v. May, 53 S.W.3d 122 (Mo. Ct. App. 2001). · cites it 2× “348 (West 1994); Mont. Code Ann. §§ 70-16-301 to -302 (1999); Neb.”
Fisher v. United States, 534 F. Supp. 514 (D. Mont. 1982). “MCA §§ 70-16-301 — 302 (1981). 2 . I have in mind freelance photography, news reporting, school bus driving, etc.”
Est. of Hilston Ex Rel. Hilston v. State, 2007 MT 124 (Mont. 2007). · cites it 3× “” Section 70-16-301, MCA. There is no dispute here that Mr.”
KAPPHAN v. Vincent, 222 P.3d 645 (Mont. 2009). · cites it 4× “The District Court noted that § 70-16-301, MCA, defines "recreational purposes" to include "hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, hiking, touring or viewing cultural and historical sites and monuments,…”
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