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Senate committee hears bill to let Fish, Wildlife & Parks enforce private land access rules; measure later tabled

2145346 · January 23, 2025
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Summary

Senator Danley Logie, sponsor of Senate Bill 83, opened a hearing in the Senate Judiciary Committee seeking authority for Montana Fish, Wildlife and Parks (FWP) to enforce the ranch rules that private landowners set when they enroll property in public-access agreements.

Senator Danley Logie, sponsor of Senate Bill 83, opened a hearing in the Senate Judiciary Committee seeking authority for Montana Fish, Wildlife and Parks (FWP) to enforce the ranch rules that private landowners set when they enroll property in public-access agreements.

Logie said the bill “establish[es] the rules of [the] department governing the public use of private property managed by the department under active public access agreements,” and framed the proposal as a response to landowner frustration with repeat violations of their posted rules. “This is a bill for the ranchers,” he said in closing.

Christie Clark, director of Montana Fish, Wildlife and Parks, testified in support and asked the committee for a due pass. “FWP offers several programs…to help private landowners,” Clark said, and warned that “rules without enforcement are just simply suggestions.” She described how, aside from limited exceptions in the block management program, wardens currently lack a statutory mechanism to enforce landowner-drafted rules on some private-access agreements.

Ben Lamb of the Montana Conservation Society, Matt Leo of Backcountry Hunters & Anglers (Montana chapter), and Jason (identified on the record as representing large working-forest landholdings) testified as proponents, saying the change would help maintain landowner participation in access programs and open hunting opportunities. Lamb said Montana had “lost about a million acres” from block management enrollment and that giving landowners stronger enforcement tools could reduce that loss.

Ron Howell, chief of law enforcement for FWP, explained practical enforcement gaps the bill is intended to close. Howell gave an example: if a landowner requires walk-in-only access but a vehicle later drives onto that land, FWP’s current options may be limited to trespass processes on some agreements. “This would just be another tool in the toolbox to allow us to enforce the rules created by the landowner,” Howell said, adding that enforcement could range from verbal warnings to written citations.

Committee members pressed agency witnesses on limits and alternatives. Senator Vinton asked whether local sheriffs could already issue citations; Clark and Howell said sheriffs can, but FWP enforcement is often more practical during high-season patrols and can relieve local law enforcement. Several senators, including Senator Amrits and Senator Mansella, asked whether the bill would create uniform department rules that could reduce landowner flexibility; Logie and Clark repeatedly said the ranch rules would still be created by landowners and posted where hunters sign in, and FWP would not create the rules for private properties.

Opponents did not appear in the room on the record; no formal amendment was adopted during the hearing. Later in the committee’s executive action period the panel considered SB 83; Senator Jim Amrich moved to table the bill. The motion to table passed on a roll-call vote (5–4) and Senate Bill 83 was tabled by the Judiciary Committee.

Why it matters: Proponents say the measure is intended to keep private land enrolled in public-access programs by giving landowners practical enforcement support; opponents and some committee members raised questions about department authority and the risk that a one-size approach could reduce landowner flexibility.

What’s next: The bill was tabled by the committee. Sponsor and committee members discussed reconvening a stakeholder conversation to consider language changes that more explicitly preserve landowner control over posted ranch rules.