SB 209 revises Montana’s conservation easement law by limiting new conservation easements to a maximum term of 40 years, while preserving the option for perpetual easements under existing law. For term easements, the bill requires a minimum term of 15 years and allows renewal only through a new granting instrument, but the total effective duration may not exceed 40 years. The bill also updates statutory definitions and cross-references within Title 76, chapter 6, which governs conservation easements and open-space land.
The bill adds a new restriction that conservation easements may not prohibit or limit agricultural activities on land currently in use, or used within the past 10 years, for agricultural production by a producer of agricultural and food products. It also bars easement conditions that would require conversion of the land to federal administration and control. The bill applies only to conservation easements entered into on or after October 1, 2025, and directs the secretary of state to send a copy to each federally recognized tribal government in Montana.
Impact
SB 209 would amend several sections of Montana Code Annotated Title 76, chapter 6, affecting how conservation easements are created, renewed, taxed, and enforced. It would narrow the scope of permissible restrictions in new easements by protecting recent agricultural use and preventing provisions that transfer land into federal control. It would also cap the duration of term easements at 40 years, which would change the legal framework for land trusts, public bodies, private landowners, and other qualifying organizations that use conservation easements to preserve open space and natural resources.
Sentiment
The available vote history suggests the bill had some support in committee, passing a Senate Judiciary motion to table 9-0, but the overall legislative outcome was that it died in process. With no committee transcript available, the public record here shows a measure that advanced procedurally at one point but did not ultimately become law. The bill’s framing indicates a policy preference for limiting long-term encumbrances on land while preserving conservation tools in a more time-limited form.
Contention
The main points of contention are likely the bill’s 40-year cap on conservation easements and its restrictions on what easements may require or prohibit. Supporters would likely view the bill as protecting landowners, especially agricultural producers, from overly restrictive or perpetual encumbrances and from easement terms that could interfere with farming or imply federal takeover. Opponents would likely argue that the cap weakens long-term conservation planning, reduces flexibility for land trusts and public bodies, and could make it harder to secure permanent habitat, scenic, or open-space protections. The agricultural-use protection and federal-control prohibition are also likely to be debated as narrowing the traditional scope of conservation easements.