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Gallatin County adopts ordinance banning camping on unincorporated public property
Summary
The Gallatin County Commission approved an ordinance making camping on county-owned property and rights of way unlawful in unincorporated areas; the measure carries misdemeanor penalties and will take effect about 30 days after adoption. Supporters said it clarifies enforcement; opponents urged caution about criminalizing homelessness.
The Gallatin County Commission on July 15 approved a second-reading ordinance making it unlawful to camp on county-owned property and public rights of way in the county’s unincorporated areas.
The ordinance, introduced by Deputy County Attorney Leanne Certain, says its purpose is “to promote health, safety, and the general welfare of the citizens of Gallatin County” and to protect county property and rights of way from unintended uses. Certain told the commission the measure defines terms such as “camp,” “public property” and “public right of way,” and makes a violation a misdemeanor punishable by a fine up to $500 and/or imprisonment up to 10 days; it also establishes that the offense imposes absolute liability for the act of camping.
County officials said the ordinance is intended to provide clear, administrable rules for law enforcement and county staff. In describing legal authority for the measure, Certain cited statutory powers of the commission over county property and roads and referenced a United States Supreme Court decision she said permits regulation of camping in public places. The ordinance will take effect roughly 30 days after approval, the county attorney’s office said.
At public comment, Eric Rubia, a Bozeman resident, said he supports law enforcement using the ordinance only as a last resort and urged the county to avoid criminalizing people experiencing homelessness. “I believe the sheriff’s office when they say their intent isn’t to criminalize homelessness,” Rubia said, and urged the commission to pair enforcement with services. The commission discussed ongoing data collection by the sheriff’s office to track encounters and outcomes and said staff and partners will continue coordinating service responses.
The commission moved and seconded the ordinance on July 15 and voted in favor. The county will publish the final ordinance and its effective date consistent with the 30-day timeline in the document.
Background: The ordinance applies only to unincorporated areas of Gallatin County and does not change municipal rules inside cities. County staff said enforcement is expected to be coordinated with social-service partners and that the sheriff’s office intends to prioritize resource connection and health-and-safety interventions over punitive measures.
What’s next: The county will post the approved ordinance and begin the statutory countdown to its effective date. Commissioners said they will continue to monitor sheriff’s office data about calls and campsite encounters to inform any future policy adjustments.
