posted state land

[smdave]

Here are the other laws that might apply

State of Montana Law:
Montana Code 45-8-115 Illegal posting
Montana Code 77-1-804 Denying access
Montana Code 87-3-142 Hunter Harassment

[JLS]

What do you mean you will lose a lot of land to hunt on if you press the issue?

If there is no benefit to you to try to reconcile the issue (i.e. you get to hunt on private land also, or it simply keeps you in good standing with the local community), then simply go about your business of hunting the public land that you can legally access as you see fit.  It's a control thing, and it doesn't hurt you to ask/tell them, but you're not obligated to either.  I'd be darned sure if you go this route that you dot your i's and cross your t's with respect to access roads, property boundaries, etc.  If the ranch hand gives you grief and is harassing you while hunting then you should report him for hunter harassmnent.  Montana's law is very similar to Washington's in that they are both very good laws for protecting the hunter.  You may want to take a camera that has video taping capability in case he does something really bizarre that would look good in court.

The state land board will not help you much in this situation.  Also, the county commisionners can easily abandon the public road(s) in question, so you have to weigh your battles carefully.  What county is this in?  PM me if you want with that info.

[JLS]

  http://data.opi.mt.gov/bills/mca/45/8/45-8-115.htm

45-8-115. Illegal posting of state and federal land. (1) A person commits the offense of illegal posting of state or federal land if, without authorization, the person knowingly posts land that is under the ownership or control of the state or federal government to restrict access or use of state or federal land.
     (2) A person convicted of illegal posting of state or federal land shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

The wording makes me think they let someone post land, or why would they put without authorization in the rule.

Because a lessee of state and/or federal lands can petition to have a parcel of land closed to hunting, or have a weapons restriction placed on it in the essence of public safety.  Reasons for closing the land may be a grazing rotation, etc.  In order to close the land off, the lessee then has to agree to open up to the public a parcel that is equal or greater to in size than the piece being closed.

[smdave]

Not so, here is how it reads.

If a lessee does mark state land and request notification, he must provide approved drop
boxes at a normal access points and display an approved sign from the State Department
of Natural Resources or information posted at access points where notification can be
given. The key word is notification. As long as you have the recreational use license
(Conservation License), you need no other permission.

[JLS]

You're correct, and I am also.  I am referring to a different reason for posting than you are.