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Montana legislature introduces bill to ban camping on state highway right-of-way

March 31, 2025 | Introduced House Bills, 2025 House and Senate Bills, Montana Legislation Bills, Montana


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Montana legislature introduces bill to ban camping on state highway right-of-way
As Montana grapples with increasing concerns over public safety and the management of state highways, House Bill 940 has emerged as a significant legislative proposal. Introduced by Representative A. Nicastro on March 31, 2025, the bill aims to prohibit overnight camping and the storage of personal property on state highway right-of-ways. This measure seeks to address the growing visibility of encampments along highways, which have raised issues related to safety, sanitation, and the overall aesthetic of public spaces.

The bill outlines clear definitions for terms such as "camping," "campsite," and "overnight camping," establishing a framework for enforcement. It explicitly prohibits individuals from using state highway right-of-ways for camping or leaving personal belongings unattended. Notably, the bill includes provisions for penalties, an appropriation for enforcement, and rulemaking authority, indicating a structured approach to implementation.

Debate surrounding House Bill 940 has been robust, with proponents arguing that the measure is essential for maintaining public safety and ensuring that highways remain clear for vehicular traffic. Supporters emphasize that the presence of encampments can pose hazards not only to those living in them but also to drivers and pedestrians. Critics, however, raise concerns about the potential criminalization of homelessness and the lack of adequate alternatives for those displaced by such prohibitions. They argue that the bill does not address the root causes of homelessness and may exacerbate the challenges faced by vulnerable populations.

The implications of this bill extend beyond immediate public safety concerns. Economically, the enforcement of such a measure could lead to increased costs for local governments tasked with managing the aftermath of enforcement actions, including potential legal challenges. Socially, the bill may spark further discussions about the need for comprehensive solutions to homelessness, including affordable housing initiatives and support services.

As House Bill 940 moves through the legislative process, its future remains uncertain. The ongoing debates highlight a critical intersection of public policy, social justice, and community welfare. Stakeholders from various sectors will be watching closely, as the outcomes of this bill could set a precedent for how Montana addresses similar issues in the future. The legislature's decision will not only impact the state's highways but also the lives of those who find themselves without stable housing.

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