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Public Access Issues
Public Access Issues
Yellowstone Waterfowl Closure
No Biological Reason
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PLWA beieves It's grossly unfair when private interests block access to public resources. The bed of the Yellowstone is public property ! Waterfowl are legal game species! There is no biological reason for this closure anymore !Billings Gazette - by permission 50-year-old closure on the Yellowstone may be outdated but remains popularBRETT FRENCH Of The Gazette Staff | Posted: Thursday, October 8, 2009 12:30 amDuring the three-month fall waterfowl season, sportsmen can boat, fish and hunt upland birds and big game along the 100-mile stretch of the Yellowstone River from its confluence with the Bighorn River to the eastern edge of Rosebud County.But forget about goose and duck hunting on the river. That's prohibited along the river channel, backwaters and sandbars. ... (more) |
Hughes Creek Road
Bitterroot National Forest
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Hughes Creek Road The Hughes Creek Road, a county road located within the boundaries of the Bitterroot National Forest south of Darby, Montana, was recently closed by a private landowner. In May of this year , the Ravalli County Fish and Wildlife Association challenged this closure by researching county records and Commissioner’s Journals . They presented the County Commissioners and County Attorney with copies of the original road declaration making it a public road, a copy of the original Commissioners Journal, documentation on attempts to have it abandoned, the documented refusal by the County Commissioners to abandon it in 1982, and the history of the road up to October 19, 1988 . Our contact with the Bitterroot National Forest substantiates the claim of Ravalli County Fish and Wildlife and they tell us their findings have been submitted to the County Commissioners. The facts have now been presented and with patience we believe the public will prevail . This is an excellent example of what private citizens and organizations can accomplish to counter road closures. (Some of the early successes of PLWA were in Western Montana and Ravalli County as a result of citizen involvement of this type and cooperation with county Clerk and Recorder offices. ... (more) |
Mabee Road
New Lock Blocks Access
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New Lock on Maybee Road in Fergus County Blocks Huge Public Land AreaThe Maybee Road runs north from Roy, Montana in Fergus County, and provides sole road access to a large area of the Missouri Breaks National Monument and the CMR Wildlife Refuge. The road status is presently in legal limbo after a lock was put on a gate last year by an adjacent landowner who asserts the road is private, not public. Earlier this year PLWA prepared a presentation of the public records that show without question that the road existed prior to any homestead patents being issued in the vicinity, and is therefore an "RS2477" public road . The Fergus County Attorney gave a copy of our information to the landowner’s attorney who responded in an eight page document that argues the road is not an RS - 2477. County Commissioner Carl Seilstad said they are waiting for a response from PLWA to the landowner’s letter. .We are continuing the research on the status of the Maybee Road that runs north from Roy, Montana and connects with the Knox Ridge Road in Fergus County. ... (more)
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SCENIC VIEW ROAD - OCT 2009
Commission plans to meet with landowner
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IMPORTANT LOCAL ATTRACTION CLOSEDPrairie County commissioners are in a quandary about what to do after a landowner erected a gate, installed a cattle guard and posted a sign across a road that leads to a popular scenic overlook northwest of the town of Terry. (As of OCT 2009 we understand the gate is still locked.) The Terry Tribune website has all the articles written about the road closure. Negotiations in the works on access to Scenic View Road-------------------------------------------------------------------------------- By Kay Braddock Published Oct. 7, 2009 The Terry Tribune The Prairie County Board of Commission plans to meet with landowner Michael Karrels later this month in an effort to resolve the Scenic View Road access issue. That decision came after commissioners met with Prairie County Attorney Becky Convery during Tuesday’s regular meeting. Also participating in the conversation was Dell, Mont. ... (more)
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Roads on National Forest and BLM Lands
PLWA policy
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PLWA’s mission and the focus of our efforts is to gain access to the boundaries of public lands and waters. This includes fighting road closures where private parties block legal rights- of -way to the boundaries. However, PLWA normally does not get involved in the decisions by Federal agencies in regard to which roads inside public land boundaries are open or closed , or what public uses are allowed on those roads - usually referred to as "travel plans" . This is their area of jurisdiction. These are important decisions, and while many groups engage these issues, PLWA is usually the only one leading the charge to gain access to the boundary. We are not saying the agencies are always right with their Travel Plans, but our mission is to get you to the public land in the first place. (Successful legal action on Bullwhacker Road in Blaine County is an example of PLWA action. ... (more) |
PLWA AND MOTORIZED ACCESS
AN ONGOING ISSUE
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Although we have in interest in reasonable access for all recreational users, we have significant concern about potential motorized abuse . It is often a major objection and obstacle to opening public land access. PLWA is not affiliated with any motorized access group or industry. ... (more) |
Boadle Road - 2003 -2008
Choteau county - A LONG COURT BATTLE
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The Boadle Road leading to the south side of the Pishkin Reservoir , a Wildlife Management Area , and public lands beyond had been Illegally locked off by a private party claiming ownership. PLAAI (Now "PLWA" ) brought suit based on testimony that gas tax money had been used for public maintenance of the road and that it had been used by the public continuously for many years. PLAAI won a court decision to get that road open. However, the landowner then went on down the road and blocked it again beyond the point not covered by the court decision . A subsequent District Court decision contended that PLAAI did not have standing at the second blocking location because the Bureau of Rec. held the easement - not PLAAI . The PLAAI law firm appealed that decision to the Montana Supreme Court and prevailed in early 2008. ... (more)
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Lilly Pad and Crater Lakes
Beautiful Lakes on School Trust Land
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Lily Pad and Crater lakes lie in a school section about one and a half miles off the West Rosebud road across from the Lazy EL ranch property. Legal access is available across BLM land from the West Rosebud Road, but there is no trail and minimal parking. It is a real bushwhacking effort to find them. This route is the shortest and most scenic to the lakes as well as point to point day hiking/hunting when connected to the proposed Forest Service trail. A private party does have access to the (stocked) lakes from Fiddler creek on an improved non-public road. The Beartooth Backcountry Horsemen, in cooperation with the Forest Service would like to open other trails to the lakes from the South via Reeves lake along the West Rosebud road, and from the West starting in the Dean MT area via Island lake. PLWA is fully supportive of this effort. ... (more) |
Swimming Woman Creek Access
Threatened Access
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Swimming Woman Road - Golden Valley County -An out of state investor has announced his intention to buy the ranch through which this road runs if he can get the road closed or moved. The road is one of the few access points to a sizeable area of national forest area on the south side of the Big Snowy Mountains. A member has been doing some preliminary work on this and we understand there is nothing formal before the county commissioners at this time. However, the county attorney has been apprised of our concerns and is looking into road status and jurisdiction issues. We have also apprised them of the statute prohibiting closing of a road to public land unless another road provides substantially the same recreational access . Region 5 of MT FWP conducted an on site inspection and determined the road is still open to the public. The lessee indicated that the ranch sale is not complete, but imminent. ... (more) |
Yellowstone River Islands & Access Roads
Work in progress..
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There are numerous islands on the Yellowstone River for which ownership is not clear. Initial research tells us some are being illegally claimed by private parties. Because of changes in the riverbed since the original meander surveys around the turn of the last century, ownership determination is best handled on a case by case basis . Our goal is to research all significant islands on the river, and determine public ownership. In addition we know many county and public roads leading to the river have been illegally closed . Each of these will require research and presentation to appropriate county commission .In 2008, PLWA was fortunate enough to get a grant from the Cinnibar foundation to study island ownership on the river -primarily in Yellowstone county. ... (more) |
Arrow Island Yellowstone County
UNFAVORABLE DECISION BY COUNTY COMMISSIONERS
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This is a designated but undeveloped county park located along the Yellowstone River somewhat southeast of Shepherd. (Sec 12 T2N, R27E ) Access is gated and padlocked but walking access allowed. FWP would like to develop a fishing access site at the location. Local area residents have the usual NIMBY arguments against such a plan and are proposing a Park Maintenance District. PLAAI believes that the park / FAS should be developed and operated like any other fishing access site and not be encumbered by any local agreements. The site is important as it is the only site on the north side of the river for approximatley 100 miles to the east of Billings . It is strategically located for river search and rescue operations as well as for water truck operations in event of large scale prairie fires. ... (more)
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