Montana Code 76-10-104. Exemption from written permission or permit requirement
76-10-104. Exemption from written permission or permit requirement. The following are exemptions to the requirements of 76-10-103:
Terms Used In Montana Code 76-10-104
- Landowner: means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users' association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property. See Montana Code 76-10-102
- Other jurisdictional entity: means the federal government or a tribal government. See Montana Code 76-10-102
- Property: means land, roads, water, watercourses, and private ways. See Montana Code 76-10-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Wildcraft: means to collect, harvest, or separate by cutting, prying, picking, peeling, breaking, pulling, digging, splitting, or otherwise removing uncultivated plants or plant parts from their physical connection or point of contact with the ground or vegetation upon which they are growing or from the place or position where they lay for commercial purposes. See Montana Code 76-10-102
- Wildcrafted plant material: means any plant or part of any plant species that is not cultivated and that is growing wild on any lands in Montana. See Montana Code 76-10-102
(1)A permit issued by a land management agency, another government agency, or any other jurisdictional entity in the state is acceptable in lieu of the written permission if the wildcrafting occurs on land managed by the entity issuing the permit.
(2)A landowner or other jurisdictional entity does not need written permission or a permit to wildcraft on property that the landowner or other jurisdictional entity owns.
(3)Written permission or a permit is not required for the amount of wildcrafted plant material that the landowner or other jurisdictional entity determines is for personal or incidental use.