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Committee hears bill to clarify municipal authority to regulate camping on public property
Summary
A sponsor told the committee House Bill 208 would make explicit that municipalities "may prohibit or otherwise regulate the unauthorized occupancy of or camping on or in public property" after citing a recent U.S. Supreme Court decision; proponents said the change would give smaller towns legal clarity. No final vote on HB 208 was recorded.
A legislative committee opened a hearing on House Bill 208, a proposal to explicitly authorize municipalities to prohibit or regulate camping on public property. The bill’s sponsor told the committee the measure is intended to remove legal uncertainty and to save small towns time and expense in researching or litigating whether they have the authority to control camping on municipal property.
The sponsor said the hearing was prompted by the U.S. Supreme Court’s decision in the Grants Pass case this summer (June 2024) and described the bill’s substance: it “states … that a municipality may prohibit or otherwise regulate the unauthorized occupancy of or camping on or in public property or facilities owned by or under the control of the municipality.” The sponsor emphasized the proposal does not require municipalities to adopt such regulations; it only grants them the explicit power to do so.
Thomas Jodin, legal services director for the Montana League of Cities and Towns, testified in support. “It brings clarity to the authority of general power cities and towns to manage camping on city property,” Jodin said, and asked the committee for a due pass. No opponents or informational witnesses appeared in person or online.
During questioning, Representative Staffman asked whether municipalities already exercise this authority and asked, “Why do we need this?” The sponsor said they were not aware of any successful legal challenges but that the bill was intended to remove uncertainty and to reduce potential research or litigation costs for small municipalities.
Committee members discussed concerns about differing local standards among municipalities. The sponsor and others said variation across local ordinances is common and that local control makes different approaches appropriate in different communities. The hearing record shows proponents urging a due pass; the committee did not take a final vote on HB 208 during the session.
