Revising landowner preference qualifications for elk to require finalized land ownership of 640 acres or more of contiguous land
Summary
SB 235 revises Montana’s landowner-preference elk licensing rules. The bill changes the eligibility standard for certain special elk permits and landowner-preference licenses so that an applicant must own at least 640 acres of contiguous land, rather than merely being under contract to purchase that amount of land, to qualify under the ownership-based preference. The bill also keeps the separate eligibility path for owners of 160 acres or more of contiguous production agricultural land that has documented elk damage within the last two years.
The bill also clarifies who may receive or apply for a landowner preference license or permit on behalf of the qualifying landowner. It allows an immediate family member or an employee of the landowner to be designated, and it defines “employee” for the license provisions as a person paid by the landowner with state or federal taxes withheld. For corporate landowners, the bill continues to allow one shareholder to be designated. The act takes effect immediately upon passage and approval.
Impact
SB 235 amends sections 87-2-516 and 87-2-705 of the Montana Code Annotated, tightening the landownership requirement for certain elk license and permit preferences and removing eligibility based solely on a contract to purchase qualifying acreage. It preserves the 15% set-aside of available licenses and permits for qualifying landowners, while narrowing the pool of applicants who can claim that preference. The bill affects landowners, prospective land purchasers, agricultural operators, corporate landowners, and designated family members or employees who participate in the application process.
Sentiment
The bill appears to have been broadly supported and moved through the Legislature with overwhelming majorities. It passed the Senate and House with near-unanimous votes, including 12-0 in Senate committee, 50-0 on final Senate passage, 19-1 in House committee, and unanimous or near-unanimous floor votes in both chambers. The voting record suggests general agreement with the policy change and little recorded opposition.
Contention
The main policy issue is whether a person who is only under contract to purchase 640 acres should receive the same elk license preference as an owner of that land. SB 235 resolves that question in favor of finalized ownership, which likely benefits current landowners and limits access for buyers who have not yet closed on a purchase. A secondary point is the definition of “employee,” which narrows who can be designated by requiring payment with tax withholding, potentially excluding informal or cash-paid workers. The only recorded dissent appears in House committee, where one member voted against the bill, but no transcript is available to identify the specific objection.