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Committee backs ban on overnight camping and unattended property on state highway right of way
Summary
House Bill 940, which would ban overnight camping and storage of personal property on state highway right of way and give the Montana Department of Transportation enforcement and rulemaking authority, won committee approval after proponents said it would improve safety and protect infrastructure.
The House Transportation Committee voted to advance House Bill 940 after testimony from the sponsor and Montana Department of Transportation officials that the measure will protect motorists, MDT staff and highway infrastructure from hazards created by roadside encampments.
Representative Anthony Necastro, sponsor, said the bill targets safety, environmental and maintenance challenges posed by overnight camps and storage on state highway right of way. “This bill will help provide a safer work environment for those employees that are out there maintaining and inspecting our right of ways,” Necastro said.
John Swartz, maintenance administrator for the Montana Department of Transportation, told the committee crews increasingly encounter hazardous materials, biohazard risks and occasional assaults while working near unauthorized encampments. Swartz recommended a do-pass and said the bill’s notice, removal and modest civil penalty provisions would help MDT manage recurring problem sites.
Key provisions described in testimony: a dusk-to-dawn prohibition on overnight camping on state highway right of way, a 72-hour written notice to vacate or remove unattended property, a 124-hour posted notice before disposal of unattended property, a civil penalty not to exceed $50 for noncompliance, exceptions for emergency shelter determined by law enforcement or MDT, authorized contractors, and designated rest areas, and rulemaking authority granted to MDT. The sponsor said the appropriation in the bill was intended to cover signage and notices for enforcement.
Committee members asked whether commercial truck drivers using ramps or rest areas would be affected; MDT said properly designated rest areas and pullouts are expected to remain available and that enforcement would consider the purpose and location. Members also asked whether city-designated encampment sites would conflict with the bill; MDT said if cities manage the property, local ordinances apply, but if the site is on MDT property the department would enforce statute.
Clerk and committee records show the bill was moved for a do-pass recommendation and passed in committee. A voice vote was taken; one member (Representative Frank Smith) was recorded as voting no, and proxies were recorded for Representatives Cafaro, Fitzpatrick and Sullivan voting aye by proxy. Clerk tally reported 13 in favor and 1 against on the record.
