Montana 2023 Regular Session

Montana Senate Bill SB408

Introduced
2/20/23  

Caption

Revise public access laws related to tax credits and incentives

Impact

If enacted, SB 408 will significantly affect the existing statutes regarding access to public lands and the associated tax implications for landowners. By incentivizing landowners to facilitate access, the bill is expected to increase recreational activities within state and federal lands, thereby promoting outdoor recreation and tourism in Montana. This could also encourage responsible land stewardship among private landowners who may feel motivated to maintain corridors that benefit public access.

Summary

Senate Bill 408 aims to revise public access laws related to tax credits and incentives in Montana. The bill introduces a tax credit of $750 for taxpayers who provide qualified access to public land, with a maximum allowable credit of $3,000 per year. Qualified access refers to establishing corridors through private land to public land, which can enhance recreational opportunities for the public. The bill seeks to improve public access to recreational areas by creating financial incentives for private landowners to open their land for this purpose.

Contention

While proponents of SB 408 highlight its potential to enhance recreational access and encourage positive landowner engagement, there are concerns regarding its implications for landowners' autonomy. Some fear that introducing a tax credit system may not adequately address existing access issues and that it could lead to misunderstandings about land use rights among the public. Furthermore, the bill’s sunset clause indicates that this incentive would only be available until December 31, 2027, which raises questions about long-term funding and commitment to maintaining public access.

Companion Bills

No companion bills found.

Previously Filed As

MT HB438

Revise public access agreement laws

MT HB885

Revise public land access agreement laws

MT HB408

Revise student scholarship organization and innovative education tax credits

MT SB418

Incentives for trust land lessees to provide public access

MT SB3

Revise forest land taxation laws

MT HB911

Generally revise individual income tax laws

MT SB326

Generally revise laws related to MEDIA Act film tax credits

MT HB521

Revising laws related to conservation licenses on state lands

MT HB318

Providing housing tax incentives

MT HB601

Revise annual job growth incentive tax credit

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