Revise laws related to lakeshore protection

- 2025
69th Legislature 2025 SB 168
- 1 - Authorized Print Version – SB 168
ENROLLED BILL
AN ACT REVISING LAWS REGARDING LAKESHORE PROTECTION; PROVIDING A STATUTE OF
LIMITATIONS FOR ACTIONS AGAINST PROPERTY OWNERS OR CONTRACTORS FOR VIOLATING
LAKESHORE REGULATIONS; PROVIDING EXEMPTIONS FROM FUTURE PERMITTING FOR ONGOING
MAINTENANCE, REMODELING, OR MINOR MODIFICATIONS; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, Article II, section 3, of the Montana Constitution creates a fundamental right to acquire,
possess, and protect private property; and
WHEREAS, a local governing body or the state has had ample opportunity to initiate an enforcement
action if the governing body or the state believes the lakeshore or aquatic life is being threatened by historical
structures located within the lakeshore protection zone area.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Lakeshore protection zone statute of limitations -- exemptions from future
permitting. (1) (a) As applied to any clearly visible boat ramp, boat house, boat shore station, boat rail system,
dock system, pier, wharf, retaining wall, road, or other structure located within the lakeshore protection zone,
the period prescribed for the commencement of an action against a property owner or the property owner's
contractor for a violation of lakeshore regulations adopted pursuant to 75-7-207 is within 3 years of completion
of construction or issuance of the permit, whichever occurs later.
(b) The limitation set forth in subsection (1)(a) does not apply to an item that was constructed
illegally and that:
(i) causes documented, material harm to lakeshore stability, water quality, or aquatic life;
(ii) materially interferes with navigation or other lawful recreation activities; or
- 2025
69th Legislature 2025 SB 168
- 2 - Authorized Print Version – SB 168
ENROLLED BILL
(iii) creates a documented public nuisance.
(2) (a) Minor ongoing maintenance, minor remodeling, or minor modifications to the items
described in subsection (1)(a) are exempt from lakeshore protection review unless the activity involves
significant excavation, dredging, in-fill of material, diminishment of aquatic life, or interference with navigation or
lawful recreation activities.
(b) For the purposes of subsection (2)(a), "minor" means a change to an item described in
subsection (1)(a) that is less than $10,000 over a 5-year period, exclusive of personal services provided by the
property owner or another individual at no cost to the property owner.
(3) This section may not be construed to prevent the local governing body or state from
compensating a property owner to remove or alter any of the items described in subsection (1)(a) if the
governing body or state believes it is in the best interests of lakeshore protection and aquatic life.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
75, chapter 7, part 2, and the provisions of Title 75, chapter 7, part 2, apply to [section 1].
Section 3. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
SB 168, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 168
INTRODUCED BY G. HERTZ, K. SEEKINS-CROWE, C. SPRUNGER
AN ACT REVISING LAWS REGARDING LAKESHORE PROTECTION; PROVIDING A STATUTE OF
LIMITATIONS FOR ACTIONS AGAINST PROPERTY OWNERS OR CONTRACTORS FOR VIOLATING
LAKESHORE REGULATIONS; PROVIDING EXEMPTIONS FROM FUTURE PERMITTING FOR ONGOING
MAINTENANCE, REMODELING, OR MINOR MODIFICATIONS; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.