Montana 2023 Regular Session

Montana Senate Bill SB42

Introduced
12/8/22  
Refer
12/28/22  
Engrossed
2/14/23  
Refer
2/17/23  
Enrolled
4/14/23  

Caption

Revise laws related to easements on state lands

Impact

The passage of SB42 is expected to streamline the process for granting easements on state trust lands, thereby potentially increasing efficiency for projects that require state land access. It addresses the procedural aspects of applying for easements, which could lead to a more favorable environment for public and private sector developments that need to cross state lands. However, the exemption from environmental reviews has raised concerns regarding the potential long-term impacts on environmental protections.

Summary

Senate Bill 42 (SB42) aims to revise the application process for easements on state trust lands in Montana. The bill modifies existing application requirements for various facilities and serves to exempt the Department of Natural Resources and Conservation from conducting environmental and historic preservation reviews for certain existing easement purposes. This legislation is designed to facilitate easier access and use of state lands for public utilities and other authorized purposes while maintaining the integrity of the underlying land management policies.

Sentiment

General sentiment regarding SB42 appears to be cautiously optimistic from proponents who view it as a necessary update to facilitate development while supporting public interest projects. Conversely, some environmental advocates and opposition members express reservations about the potential for reduced scrutiny over land use changes, indicating fears that valuable ecosystems could be compromised without adequate oversight.

Contention

Key points of contention include the proposed exemption of the Department of Natural Resources from environmental reviews, which critics argue could undermine protections for sensitive lands and historical sites. These objections highlight the ongoing debate over the balance between facilitating development and ensuring environmental conservation, with discussions emphasizing the potential risks associated with diminished regulatory oversight over easement applications.

Companion Bills

No companion bills found.

Similar Bills

VA HB1721

Condemnation of conservation or open-space easement; compensation, Uniform Easement Relocation Act.

CA SB948

California Environmental Quality Act community plans.

TX SB1009

Relating to the adoption of the Uniform Easement Relocation Act.

AR HB1408

To Create The Uniform Easement Relocation Act.

OK HB1060

Easements; the Oklahoma Uniform Easement Relocation Act of 2025; easement relocation; court orders; effective date.

UT HB0132

Uniform Easement Relocation Act

GA HR1113

Property; granting of nonexclusive easements; authorize

GA HR1085

Property; granting of nonexclusive easements; authorize