Montana Boating Law Basics
Department of Fish, Wildlife & Parks
1420 East 6th Avenue
Helena, MT 59620
www.fwp.mt.gov

Registration & Numbering Requirements
Laws Required for Wearing of PFDs
Additional Equipment Requirements
Mufflers & Noise Levels
Requirements for Waste Discharge
Boater Age & Operator Restrictions
Prohibited Operations
Boat & PWC Speed Limits
Special Activities Restrictions & Considerations
Boating Under the Influence
Officer Authority, Compliance & Assistance
Accident Reporting Requirements
Other State Boating Laws

State Law vs. Federal Law

These requirements are state specific. Other states may have similar laws. It is your responsibility to know the laws that govern the bodies of water upon which you boat. States can impose requirements beyond federal rules to meet uniquely hazardous local conditions or enforce local laws and regulations directed at safe boat operation. This summary is only a guide to boating regulations in this state and is not a complete set of boating laws.
 

Registration and Titling Requirements:

All motorboats, personal watercraft and sailboats 12 feet and longer, must be registered by the owner in the county of residence with the Treasurer’s Office before it can be operated on Montana’s waters. These vessels must also properly display registration numbers and validation decals.

Registration and Titling

The following watercrafts are exempt from Montana registration:

            • Non-motorized sailboats less than 12 feet long
            • Manually propelled boats regardless of length
            • Boats registered in another state or country not remaining in Montana waters for more than 90 consecutive days.
            • Government-owned boats and vessel’s life boats
 
Registration and Titling

Title and Registration: To register a vessel, you must obtain a certificate of ownership (title) and apply for a certificate of number (registration). Once the treasurer’s office is in receipt of all required information and fees, you will receive your certificate of number, which must be kept aboard at all times and readily available for inspection by law enforcement personnel. Your title is your proof of boat ownership and should be kept in a safe place.

Registration Numbers: You must display your assigned registration numbers (beginning with MT) on the forward half of your vessel and in a place where it can be easily read by law enforcement officials. Letters and numbers must read left to right, be at least 3" tall and be of a color that contrasts with the hull.

Registration Decal: You will receive one permanent registration decal as proof of payment of fees. Registration fees are based on the length of the vessel. The registration decal must be affixed in-line with and within 3” from the registration number, toward the rear of the boat on the port (left) side

Validation Decals: All boats that are required to be registered must also display two validation decals. These are free of charge and may be obtained from any Fish, Wildlife & Parks office, or their website. These decals must be affixed immediately aft (rearward) of the registration decal on the left (port) side and one immediately aft of the registration number on the right (starboard) side of the boat. All validation decals expire on February 28, 2008 subsequent decals are in effect for another 3-year period ending February 28, 2011. The requirement of renewal validation decals must continue in subsequent 3-year periods.

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Laws Required for Wearing of PFDs :

In addition to the federal PFD carriage requirements, Montana has the following requirements for wearing a PFD:

PFD requirements
  • All personal flotation devices (PFDs) must be U.S. Coast Guard approved, fitted properly to the intended wearer, be readily accessible, and be in good condition…
          • Children under 12 years of age must wear a PFD on a boat less than 26 feet in length that is in motion.
          • Every person on board a personal watercraft (PWC) must wear a PFD.
          • Every person towed behind a boat must wear a PFD.
          • Sailboard operators under 15 years of age must wear a PFD at all times. If two or more persons are occupying a sailboard, each person must wear a PFD.

  • Although not required, Montana Fish, Wildlife & Parks recommends all anglers using float tubes, belly boats, pontoon boats or kick boats wear a PFD. However, a PFD is required to be aboard these devices if:
    • The angler sits above the water surface
    • The vessel is designed to be rowed or paddled
    • The angler might also use kicking fins
    • The vessel can carry more than one person
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Additional Equipment Requirements:

Additional Equipment Requirements

Beyond minimum federal equipment requirements, some states may have additional requirements for certain bodies of water to address unique local hazards. Please check with your state boating agency for a list of the required equipment for where you intend to boat.

The Montana Fish Wildlife and Parks recommends the following additional Safety Equipments (if not already required) depending on the size of your boat and the area where you use your boat:

  • Compass and charts
  • Marine VHF radio and cell phone
  • Extra starting battery, paddle or oar
  • Flashlight, bailer, mirror, searchlight, binoculars
  • Visual distress signals, ring buoy, whistle or horn
  • First aid kit, extra clothing, sunscreen, sunglasses, food and water
  • Anchoring equipment, mooring line, heaving line, fenders, boat hook
  • Spare parts, spare propeller, tools, marine hardware, fuel and fuel tank
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Mufflers and Noise Levels:

Any boat operated on the waters of Montana should be operated so that it does not cause excessive noise and in general, you should not modify your factory exhaust as the result makes it louder.

Mufflers and Noise Levels

Specifically, motorboats and personal watercraft may not emit noise in excess of 86 decibels measured at a distance of 50 feet. At idle speed, exhaust noise may not be in excess of 90 decibels measured on meter from the muffler.

Additionally, some Montana lakes have more restrictive noise limitations for watercraft. For example, Flathead Lake (Flathead and Lake Counties), Echo Lake (Flathead County) and Swan Lake (Lake County) specifies a maximum noise level of 75 decibels measured at the shoreline in accordance with shoreline sound level measurement procedure.

Loud boat noise not only bothers other operators and users of the waterways, it also disrupts peace ashore because of sound’s ability to travel great distances over water. Excessive noise can also prevent a boat operator from hearing other boats’ sound signals and warnings and from hearing approaching law or rescue personnel.

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Requirements for Waste Discharge:

Requirements for Waste, Oil and Garbage Disposal
  • It is illegal to throw, discharge or deposit any refuse matter of any kind (including trash garbage and oil) into any waters of Montana.
  • All boats that have on-board toilets must have a method to collect and contain all waste products for future drainage ashore.
  • Boaters should check on the local availability of marine pump-out stations before using their on-board facilities.
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Boater Age and Operator Restrictions:

Education Requirements

    Children 12 years old or younger may not operate a motorboat or personal watercraft powered by a motor greater than 10 horsepower (hp) unless accompanied by an adult 18 years of age or older.

    Youths 13 and 14 years of age may not operate those vessels without possessing a valid Montana motorboat operator’s certificate or evidence of completing an approved boating safety course, or unless accompanied by an adult 18 years of age or older.

    Boaters may complete either an approved proctored or non proctored boating safety course for certification. Montana accepts the BoatU.S. Online Boating Safety Course for these State Education requirements.

    For a home-study course offered by the Montana Fish, Wildlife & Parks Department, contact your regional office for the Department. Persons 13 years of age or older who successfully complete the course will receive a Montana motorboat operators certificate.

    There are no mandatory educational requirements for persons 15 years old and up. However, a person must be 18 years or older to rent a motorboat or personal watercraft powered by a motor rated at more than 10 horsepower.

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Prohibited Operations:

Reckless Operation

No person shall operate any vessel, including a PWC in a reckless or negligent manner. The failure to exercise the degree of care necessary to prevent endangering life, limb, or property may be considered reckless and negligent. Below are just a few of the prohibited methods of operation in Montana.

  • Operating an overloaded or over powered boat beyond its safe capacity, taking into consideration weather and operating conditions.
  • Operating a boat in a careless manner including such acts as weaving through congested traffic, passing unreasonably or unnecessarily close to another vessel, and buzzing or wetting down others.
  • Crossing or jumping the wake of another boat within 100 yards of the vessel or within 100 yards of a water skier being towed by the vessel (except when directly entering or leaving a marina or other watercraft docking/loading area).
  • Traveling at a speed which does not permit bringing the boat to a stop within the assured clear distance ahead, or speeding in clearly marked no-wake zones.
  • Operating recklessly when approaching or departing from, or passing by a dock, ramp, diving board or float.
  • Operating within 20 feet of the exterior boundary of a designated swimming area marked by white and orange buoys or operating or beaching your motorboat in a designated swimming or restricted use area.
  • Operating within 50 feet of a swimmer in the water except for boats towing water skiers.
  • Operating within 75 feet of a person engaged in fishing or hunting waterfowl unless it is unavoidable.

Personal watercrafts (PWCs) are considered Class “A” vessels and must follow the laws related to motorboats above. In addition, the following are prohibited methods of PWC operation:

Rules for PWCs
  • You must operate at a no-wake speed when within 200 feet of a dock, swimmer, swimming raft, non-motorized boat or anchored vessel.
  • Personal watercraft towing a water skier must travel at the minimum speed necessary to operate when leaving from or returning to a dock or shore.
  • PWCs equipped with an engine cut-off lanyard must be attached to the person, clothing, or personal flotation device of the operator.
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Boat and PWC Speed Limits:

Boat Speed Limits
  • Boat speed limits are regulated by law for certain areas and conditions. When no speed limit is posted you should operate your boat so that it will not endanger others or cause injury, damage, or unnecessary inconvenience.

  • In Montana, a "no-wake" speed is defined as a speed whereby there is no "white" water in the track or path of the vessels or in created waves immediate to the vessel. Always obey white buoys and signs with red or orange markings indicating special speed limits and no-wake zones.

  • Lakes Greater than 35 Acres: All watercraft operating on public lakes and reservoirs greater than 35 surface acres within the western fishing district are limited to no-wake speed from the shoreline to 200 feet from the shoreline. For exceptions, visit: http://fwp.mt.gov/fishing/regulations/boatrestrictions.html#required3

  • Lakes 35 Acres or Less: All watercraft operating on public lakes and reservoirs in the western fishing district that are 35 acres or less of surface water are limited to no-wake speed. For a list of lakes determined to be 35 acres or less, visit: http://fwp.mt.gov/fishing/regulations/boatrestrictions.html#required3

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Special Activities Restrictions and Considerations:

Many states regulate certain other water related activities. For your safety, and for those who may be in the water, you should abide by these special laws:

Special Activities

Special Activities, Restrictions & Requirements:

  • When engaged in water skiing or other tow sport activities, an observer, in addition to the driver, must be aboard to observe the progress of the person(s) being towed. If the operator is 12 years of age or younger, the observer the observer must be at least 18 years of age.
  • Water skiing and other towed recreation is prohibited between sunset and sunrise.
  • Water skiers must not approach within 50 feet of swimmers or enter a designated swimming area.
  • A red and white "diver down" flag should be displayed during any diving activity. Other boaters must stay at least 200 feet away. If a boat must approach this flag, it must do so only at no-wake.
  • Powerboats, sailboats and boats under sail may not be used to kill, capture, take, pursue, concentrate, drive or stir up any upland game birds, game or fur-bearing animals.
  • Motor driven vehicles may not be used to drive, molest, flush, or harass any game animal or game bird while hunting.
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Boating Under the Influence

Boting Under the Influence

In Montana, it is unlawful to operate or be in physical control of a motorboat, sailboat, water skis, surfboard, or similar device attached to a motorboat while under the influence of alcohol or drugs.

As on the roadways, on-water enforcement officers may administer sobriety tests to determine level of sobriety. A person with a blood alcohol concentration (BAC) of 0.08% or greater is considered under the influence of alcohol.

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Officer Authority, Compliance & Assistance

Officer Authority

Authorized officers of the Montana Fish, Wildlife & Parks and other peace officers, as well as the U.S. Coast Guard, have the duty to provide for safety on the water and have the authority to stop and/or inspect vessels to enforce Montana boating laws.

Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by a law enforcement official, or halt progress if directed. If an officer deems an unsafe condition exists aboard, such as lack of required safety equipment, officers may direct operators to take immediate and reasonable corrective action.

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Accident Reporting Requirements

Accident Reporting

Anyone involved in a boating accident is required to stop and give assistance as long as it will not personally endanger the operator, passengers or vessel. Operators involved in an accident shall remain at the scene to the extent that it is safe and practical, and exchange personal and boat information with authorities and other involved parties.

An accident must be reported immediately to the local sheriff’s office or game warden if:

  • The death or disappearance of a person was a result
  • An injury requiring medical treatment beyond first-aid was required
  • Caused property damage in excess of $100 in total

Boating accident report forms are available from the county sheriff’s office, game wardens or any Montana Fish, Wildlife and Parks Office.

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Other Boating Laws

Other State Boating Laws

Often times counties, cities and districts within a state will have different, more restrictive laws. Boating laws are subject to change and it is your responsibility to be informed of the law as it applies to you and your on-water activities. To be absolutely certain about specific boating laws in your state it is wise to contact your state boating agency.

It is Your Responsibility – Be Informed!

 

We provide this information as a service and strive to keep this website up to date. Please let us know of any inconsistencies by bringing them to our attention at once at onlinecourse@boatus.com. Resources for these pages include state statutes, state web pages and state approved boating guides. BoatU.S. is not responsible for any misinterpretation of the law or any change in the law that is not adequately reflected in these pages. Damages as a result of failing to abide by stated law shall not be the responsibility of BoatU.S., BoatU.S. Foundation or its employees.

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