State Land access Montana, Corners and Two-Tracks

[Jesse Jaymes]

Having just drawn a non res Montana antelope tag I have questions on access. I've hunted antelope in New Mexico and Wyoming. Not certain I ever was put into a situation and dealt with Corner Crossing. I've been told in some states it's legal, and others it's not. And I have been informed Corner Crossing is not legal in Montana. The majority of my question stems from Two Track roads displayed on Onx and other land status mapping apps.

In these wide open desert lands there are two tracks that run almost EVERYWHERE. Gas lines, drinkers, pivots, etc. All exit private and often cross through State or BLM. If these two tracks are not gated and access State.....can you utilize them?

Other than the guys who rent helos and drop in on Ted's state chunks inside his Paradise....are there other clever ways to access these oasis chunks? Could I stay below a High Water mark and walk in if I obtain legitimate access to enter the water?

I will attempt to stick in a few snipped examples:



In the above, this road is county maintained. Is this legit access?



If this two track stems from private but is not gated, is this Access?



Blue to Blue is NOT access in the above image? I am guessing the mapping boundaries are simply skewed through the App...however if the horizontal road right center was legal access....would you consider it terminating at the right border of State and both State chunks could be legally accessed?

 

[DylanFC]

In all honesty just don’t do it if you think it’ll cause problems, all the DA’s here won’t even press charges for it but that doesn’t mean the land owner couldn’t sue you or a warden take ur bow or trophy buck. I have co workers that have had warden take their elk for hunting in state land because they parked on a drive way so just stay clear of the questionable stuff u less ur ready to deal with it.

 

[Scrappy]

These questions are really simple to answer. Just find out the game wardens number for that area and call him. That way if he says 100% legal access then no landowners in the area can try and buffalo you.

 

[MThuntr]

Honestly the lines are so fuzzy that I don't know if I'd mess with it. As you notedthe ownership layer is shifted a bit and your gps isn't exact. That's playing with fire

Situation 1, may have a gate with a little blue sign and obvious use by others. Then I'd probably go for it. But there could be 50 yards that they guy says no way.

Situation 2 is likely a hard pass. It looks like a 2 track through private and very likely doesn't have easement. The only way to know for sure is to go look as sometimes there is an easement with signs directing designated travel. The BLM and DNRC will very likely not give you an official answer even if there are signs.

Situation 3 looks to be a farm field and on private so that's likely a no go also. Also if the field has an actively growing crop the road may also be closed...I'm not sure if a planted field is considered a crop before it germinates. Definitely call the local DNRC State Lands office.

 

[jmez]

If this two track stems from private but is not gated, is this Access?

Not unless marked as such. All BLM easement roads I've seen in MT are clearly marked as private property do not leave roadway. Once it crosses back into public it is marked again.

If it is just an ungated road that is not legal access.

The other problem with that one is where are you going to park unless you walk in? If it is BLM road on private property you can't leave the roadway. You can't park in the middle of a two track.

 

[Mt Al]

If a public road clearly crosses public land, you can hunt it. If it doesn't, you can't unless the land owners provides permission. Corner crossings: furiously we can't cross those even if you can find the pin! Hope that gets fixed some day. Strong recommendation: don't even try it if it's sketchy, there are plenty of places where it's obvious.

My 2 cents.

 

[Titan_Bow]

the two track on private property is a no-go for sure. I wouldnt even consider it. Would be like pulling into someones driveway and saying, "Oh, well, I didnt see a posted sign" Those are all iffy at best. The corner to the public road could be a maybe, but really, you'd have to probably go there boots on the ground to really know for sure. Ideally, if the survey marker is evident on the opposite side of the road its a go. In that last photo, you can see what is the "historical" property boundary, by the fence line road. Not knowing what that road does as it goes east, its hard to say. If its clearly on private, then closes up to make the "boundary" then its off limits, but if it generates solidly on public then eventially makes this "Boundary" just find the closest spot its solidly in public.
In those situations, I'd want boots on the ground to know for sure. Again, ideally locating survey markers , or maybe even talking to the landowner. Be respectful, and if it looks "iffy" I would probably pass.

 

[bsnedeker]

I agree with everyone above. Montana has such amazing public access you should not have any problems finding areas where there is no questioning whether it's legal so basing plans around stuff that you might be able to sneak into is a mistake in my opinion.

 

[Jesse Jaymes]

Don't take my tone to be a DH, but Legal is Legal and Sneak is Wrong. That's why I am trying to educate myself. This unit DOES NOT have amazing public land access. It's a complete checker board. I am pretty much anti Road Hunter. Even for Antelope. I have zero issues walking several miles per day across the prairie....and actually prefer it. But it is seeming that the majority of the "public" land....is landlocked. And trying to find legal access that others overlook or are too lazy or less willing to investigate....is how the game is played.

 

[Jesse Jaymes]

I've already received great info. In my experience in other states.....in Example 1....there would probably be a spot where others have parked at that corner and it would LOOK like legal access and simply stash the keys after parking on the right side off the road and go hunt.

But it's not Legal. And I don't wanna get pinched. Specially with out of state plates. First to get questioned.

 

[3forks]

I lived in MT for 20 years, spent a lot of time trying to find public land for both bird hunting, and big game hunting all over Montana.

No matter where you are in Montana, you definitely aren’t going to be the first person to try and access the property for hunting.

I‘ve found that if a public property looks like you can access it from a road, but in actuality doesn‘t quite touch the road to allow legal access, the land owner is going to post it (especially around the larger cities in Montana). You will see a ton of orange paint on every fence post, rock, or tree trunk, and I‘ve often seen home made signs that explain the road is “x” amount of feet from the public ground.

I’m kind of kidding, but you can generally gauge how good a piece of property is or the land owner’s tolerance for allowing hunting by the amount of orange paint.

Sure, you’ll see land owners mis-represent their property lines on on occasion - but generally the majority posting are in the right.

If you’re still unsure of a property that you want to hunt, I’d try to verify the access through the agency that owns or manages it. Also, it doesn’t always work, but I’ve found that land owners who don’t seem to be rabidly painting everything they own orange and posting private signs, will often let you cross their property to access a state or other public property if you ask (Especially if you’re a foot hunter).

 

[Jesse Jaymes]

Think I'd agree ^^^ Many thanks.

 

[JLane330]

Interesting to read thru this, we have similar issues in NM all over the place. Heck, ranchers will block what used to be public roads running thru a small piece of private to block off thousands of acres of public. Once they acquire their postage stamped sized land covering the road, access is lost. NM corruption at it's best. My patience is really tested when public land access is blocked like this.
In the cases above, sure seems like the roads need to be rerouted slightly into state land. Out of curiosity (since a heli was mentioned), could a person extend a 'bridge' from the road to the state land using say a ladder? Think about crossing a crevasse. No idea if this would be legal. Might need a driver to help too, for dropoff and pickup.

 

[Jesse Jaymes]

I lived in NM for 10yrs. Very familiar w your example. People have been close to getting shot over these disputes. And this was pre OnX when you’d have to obtain plats from Assessor and really do some work.
Again...part of the reason I’m asking

 

[DylanFC]

Oh and the best way to access land locked sections of state and BLM here is through block management. Especially since you said your not afraid to walk just make sure you sign into them before crossing them and some may require calling the land owner and setting up a date

 

[SIontheHunt]

OnX has the tax address for properties. Send them a well worded letter in the mail explaining you would like to hunt that public land but you respect private land owners and do not want to ruffle any feathers. Explain that you will not hunt any of their land. Chances are they will be impressed by you trying to keep everything above board.

 

[Jesse Jaymes]

Great suggestion also. ^^^ I am generally timid to Knock and Talk. Especially from out of state. I wouldn't be keen on granting hunting access to my deeded property to an Non Res. I'd let a co worker's kid or local kid, then local have first Dibs if I am granting any access.

But I would have ZERO issues allowing someone to legitimately walk across my land to access Public.

 

[MTSasquatch]

If the public touches a road you’re good to go. If it touches the county right of way to the road, which is usually 30’ from centerline, you’re good to go. No corner crossing though. Don’t trust any on x or map for roads. Not all are public. You’ll have to check on that with the county. You can call the county courthouse and ask. You’ll need a township section range. Wardens aren’t the end all be all for access/legal questions. A county sheriff deputy can still ruin your day even if a warden thinks you’re in the clear. Trust me, in the small communities, bet money those landowners know the sheriff and the county attorney and are all friends or close acquaintances.
Most importantly, you won’t need to go through all that to shoot a decent antelope up here. Keep it simple, keep it fun. Good luck this season! I only got a b-tag this year...

 

[hobbes]

Photo #1 .....maybe

Photo#2 ......No. The two track may even cross onto the public land, but it is only ranching access for whoever owns the grazing rights, likely that adjacent private land owner.

Photo #3.......No, you are done hunting at the corner of whichever property you have access from a county or state road.

 

[mtwarden]

. I have co workers that have had warden take their elk for hunting in state land because they parked on a drive way so just stay clear of the questionable stuff u less ur ready to deal with it.

Bullshit!