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Committee backs statewide ban on overnight camping on state highway right-of-way
Summary
The Transportation Committee voted to advance House Bill 940, which prohibits overnight camping and storage of personal property on state highway rights-of-way—providing a 72-hour notice period, limited civil penalties and rule-making authority for MDT to enforce the law.
Representative Anthony McCastro presented House Bill 940 as a public-safety and infrastructure bill aimed at preventing hazards from unauthorized encampments and protecting Montana Department of Transportation staff who inspect and maintain state highways.
Why it matters: Department of Transportation officials described increasing encounters with hazardous materials, biohazards and threats to workers; sponsors said a uniform statewide tool would support consistent responses, while the bill includes exemptions for emergencies, authorized crews and designated rest areas.
John Swartz, maintenance administrator for the Montana Department of Transportation, said MDT rises in strong support of HB 940. He told the committee that MDT crews have encountered biohazards and, in some cases, assaults while working near unauthorized encampments and that the bill’s 72-hour written-notice requirement and limited exemptions would allow MDT to address recurring sites safely and predictably. "This bill will help protect the safety of the traveling public, MDT employees, and the integrity of our state's transportation infrastructure," Swartz said.
Committee members asked whether the bill would affect truck parking, frontage roads, and whether local ordinances would remain in force. MDT officials said the statute would apply specifically to state highways (including some frontage roads maintained by MDT) and that trucks generally should use designated rest areas and pullouts; local governments retain authority on property they manage.
Outcome and next steps: The committee voted to pass HB 940 (voice vote with recorded tally of 13–1), and proxies were recorded. MDT will have rule-making authority under the bill to define enforcement procedures, and the bill includes a modest appropriation intended for signage and notice materials.
