Mont. Code Ann. § 82-10-401

A person may not plug and abandon an oil or gas well located within this state without first giving reasonable notice of the intention to do so to the surface owner of record of the land on which the well is located. Upon receipt of notice to plug and abandon, the surface owner may, by written notice given within 15 days after notice, direct that the well pipe for the well must be buried to a depth of not less than 3 feet. The board of oil and gas conservation shall adopt regulations to implement this section.