Prohibit overnight camping on state highway right-of-way

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69th Legislature 2025 HB 940
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ENROLLED BILL
AN ACT PROHIBITING OVERNIGHT CAMPING AND STORAGE OF PERSONAL PROPERTY ON A STATE
HIGHWAY RIGHT-OF-WAY; PROVIDING PENALTIES; PROVIDING AN APPROPRIATION; PROVIDING
RULEMAKING AUTHORITY; PROVIDING DEFINITIONS; AND PROVIDING EFFECTIVE DATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. As used in [sections 1 through 4], the following definitions apply:
(1) "Camping" means the use of outdoor property for the purpose of habitation, including sleeping,
sitting, or lying.
(2) "Campsite" means an area being used for camping that may contain but is not limited to tents,
huts, temporary shelters, tarps, cots, sleeping bags, mattresses, hammocks, cooking equipment, or any other
personal property.
(3) "Overnight camping" means camping or maintaining any form of campsite between dusk and
dawn.
(4) "State highway right-of-way" means the entire width of land acquired, dedicated, or reserved for
public road purposes, including but not limited to a roadway, shoulder, median, ditch, embankment, retaining
wall, culvert, sluice, bridge, tunnel, or an adjacent public space maintained by the department.
(5) "Storage" means the act of leaving personal property unattended for any period of time.
Section 2. Overnight camping and storage of personal property on state highway right-of-way
prohibited. (1) Overnight camping and the storage of personal property are prohibited on a state highway right-
of-way.
(2) The prohibition provided in subsection (1) does not apply to:
(a) emergency situations in which camping is necessary for safety and temporary shelter, as
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69th Legislature 2025 HB 940
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determined by law enforcement or the department;
(b) an authorized work crew, contractor, or other personnel performing duties on behalf of the
department or other government agencies; and
(c) a designated rest area, parking area, or pullout specifically authorized for temporary parking
and rest in compliance with department rule, not to exceed 24 hours.
Section 3. Enforcement and penalties. (1) The department and law enforcement, including the
Montana highway patrol and local law enforcement agencies, are empowered to provide notices and otherwise
enforce [sections 1 through 4] and rules adopted pursuant to [section 4].
(2) (a) A person who violates the provisions of [section 2] may be given written notice to vacate the
state highway right-of-way and to remove the campsite and all personal property within 72 hours.
(b) Failure to comply with a written notice shall result in a civil fine not to exceed $50. All remaining
personal property reasonably associated with the person notified may be disposed of by law enforcement or the
department.
(3) Personal property not subject to notice under subsection (2) and left unattended in the state
highway right-of-way may be disposed of by law enforcement or the department in the following manner:
(a) Law enforcement or the department shall post notice at the state highway right-of-way location
that the personal property located within the area described in the notice must be permanently removed by the
date stated in the notice, which may not be less than 120 hours from the time the notice is posted.
(b) After the conclusion of 120 hours from the time the notice is posted, personal property
remaining on a state highway right-of-way within the area described in the notice may be disposed of by law
enforcement or the department.
(4) The provisions of [sections 3 and 4] do not limit or prevent any other available civil or criminal
cause of action or remedy.
Section 4. Rulemaking authority. The department may adopt rules necessary to implement
[sections 1 through 4] regarding:
(1) camping and personal property storage in a state highway right-of-way; and
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(2) enforcement of [sections 1 through 4], including but not limited to provisions for recovering
fines, cleanup costs, and legal costs against violators and those responsible for violations of [sections 1 through
4].
Section 5. Appropriation. There is appropriated $15,000 from the highway restricted account
established in 15-70-126 to the department of transportation for the biennium beginning July 1, 2025, for the
purposes of implementing the provisions of [sections 1 through 4].
Section 6. Codification instruction. [Sections 1 through 4] are intended to be codified as a new part
in Title 60, chapter 6, and the provisions of Title 60, chapter 6, apply to [sections 1 through 4].
Section 7. Effective dates. (1) Except as provided in subsection (2), [this act] is effective on passage
and approval.
(2) [Section 5] is effective July 1, 2025.
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I hereby certify that the within bill,
HB 940, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 940
INTRODUCED BY A. NICASTRO
AN ACT PROHIBITING OVERNIGHT CAMPING AND STORAGE OF PERSONAL PROPERTY ON A STATE
HIGHWAY RIGHT-OF-WAY; PROVIDING PENALTIES; PROVIDING AN APPROPRIATION; PROVIDING
RULEMAKING AUTHORITY; PROVIDING DEFINITIONS; AND PROVIDING EFFECTIVE DATES.