Montana BHA Opposes State Land Exchange Policy Proposal 

At 9 am on Monday, May 18 in Helena, the Montana Board of Land Commissioners will consider sweeping revisions to the State’s Land Exchange Policy that could significantly impact public land access, checkerboarded lands, access to public waters, and the future management of Montana’s state trust lands. 

The meeting agenda states:  

“Commissioner Brown moved to place the following policy changes on the agenda to address increased conflicts associated with the management of state lands including for example water disputes or corner crossing issues.” 

These proposed revisions raise major concerns for hunters, anglers, and all Montanans who value public access and responsible stewardship of our public lands. 

Corner Crossing & Checkerboarded Public Lands 

The proposed policy repeatedly references “checkerboarded” lands and treats limited access as a negative valuation factor while advancing the position that corner crossing is not a lawful means of accessing public land. 

That issue remains unresolved in Montana, and BHA has filed a legal complaint seeking to cement the legality of corner crossing to state and federal lands. Adopting state policy that assumes corner crossing is unlawful before the courts have resolved the matter jumps the gun on an issue that impacts access to hundreds of thousands of acres of public land. 

Public land access is too important to be shaped through assumptions embedded in administrative policy before the legal process has run its course. 

Watering Down Public Use Values of Public Waters 

The existing policy states:  

"According to Mont. Code Ann. § 77-2-203(2), state lands that border navigable lakes, streams, and other bodies of water with significant public use values may only be exchanged for lands that border similar bodies of water."  

In the new proposed policy, the Board would now interpret "this requirement not to mean that lands within the same watershed or even county must be exchanged," and they go further to expand the definition of “significant public use values” to include various commercial interests. 

Historically, these provisions have centered public recreational values and access associated with Montana’s waters. Expanding the definition in this way could fundamentally alter how future land exchanges are evaluated near rivers, streams, and lakes. 

Expanded “Highest and Best Use” Standards 

The draft policy would further expand “highest and best use” considerations for state trust lands to include: 

• Housing development needs and other commercial and industrial uses without clear guardrails for valuation

• Other market-driven development pressures 

Expediting Land Transfer Proposals 

The new proposal implements arbitrary timelines for DNRC's preliminary evaluations which seek to streamline the process but could restrict information needed to effectively assess proposals. Proposed amendments also appear to eliminate DNRC's authority to screen non-qualifying proposals before they reach the Land Board. Removing that check routes proposals that could not survive professional review directly to a political body.

Cumulatively, these changes could significantly influence future land exchange decisions affecting wildlife habitat, recreation, open space, and public access. 

Attend Monday’s Meeting in Helena  

We encourage BHA members and public land supporters to send an email, attend Monday’s Land Board meeting and respectfully ask the Board to: 

• Oppose adoption of the policy as currently written; 

• Extend the public comment period by at least 30 days; 

• Refrain from establishing policy assumptions surrounding corner crossing until ongoing litigation is resolved. 

The Meeting is Monday May 18th at 9:00 A.M.  State Capitol, Room 303 Helena, MT 

Take Action Here