Key:montana_stream_access_class

montana_stream_access_class=* is used on waterway=* and natural=water features in Montana to tag the legal classification of a waters under the Montana Stream Access Law (Title 23, Chapter 2, Part 3 of the Montana Code). This law guarantees public right of way on rivers in Montana for the purpose of water-based recreation, even if the rivers pass through private land.

There are two legally defined stream access classes. The main difference is that Class I allows overnight camping and the erection of temporary structures in the stream bed, though not within sight or within 500 yards of a dwelling. Class II prohibits these activities without private permission of the landowner.

Values

• montana_stream_access_class=1 – Class I waters. These are strictly defined by the state here. Note that certain segments within those listed are actually unclassified since they pass through lakes and dams.
• montana_stream_access_class=2 – Class II waters. All natural flowing surface waters capable of recreational use in Montana that are not in Class I are in Class II.
• montana_stream_access_class=no – Unclassified waters, such as lakes, reservoirs, and artificial channels, or streams outside Montana. This tag is implied and is only useful in cases of potential confusion.

How to classify

With certain exceptions, the law states that "all surface waters that are capable of recreational use may be so used by the public without regard to the ownership of the land underlying the waters." Exceptions to the law are:

• "Lakes", defined as "bodies of water where the surface water is retained by either natural or artificial means and the natural flow of water is substantially impeded"
• Artificial diversion channels such as those for irrigation, flood control, water supply, and hydropower
• Intermittent stream beds when dry (access is still allowed when water is flowing)
• Waters within National Parks, other protected federal lands, and Indian Reservations

Combinations

The law protects recreational use defined as "fishing, hunting, swimming, floating in small craft or other flotation devices, boating in motorized craft unless otherwise prohibited or regulated by law, or craft propelled by oar or paddle, other water-related pleasure activities, and related unavoidable or incidental uses." As such, the following tags could be added in a legal sense to Class I and II features in OSM. In practice, these tags also depend on local conditions.

• canoe=yes – Add only if physically possible to canoe or kayak
• motorboat=yes – Add only if physically possible to use a motorboat and no other state laws prohibit use
• swimming=yes – Add only if swimming is physically possible and safe
• fishing=yes
• hunting=yes – Only applies to small game

Additionally, Class I features could be tagged:

• camping=yes – Add only if not within 500 yards of a dwelling

Certain recreational uses are not protected:

• Use of land-based motor vehicles
• Erection of permanent structures
• Big game hunting

Source tag

source:montana_stream_access_class=* can be used to specify the data source. This is important since the value may not be verifiable on-the-ground.