This bill revises the regulations surrounding conservation easements in Montana, specifically limiting their duration to a maximum of 40 years and prohibiting any restrictions on agricultural activities for land under such easements. It also prevents the conversion of land under easement to federal control. The bill amends several sections of the Montana Code Annotated (MCA) to reflect these changes, including the definition of conservation easements, which will now be for a term of years rather than in perpetuity. Additionally, it clarifies that easements may not impose conditions that would limit agricultural production or require federal administration of the land.

Key amendments include the specification that conservation easements can be granted for a term of not less than 15 years and no more than 40 years, with the possibility of renewal through a new granting instrument. The bill also mandates that property assessments for taxation purposes on land subject to conservation easements must be based on the restricted purposes of the property, ensuring that the assessed value does not fall below the actual assessed value from 1973. Furthermore, the bill includes provisions for notifying tribal governments and states that it will apply to conservation easements entered into on or after October 1, 2025.

Statutes affected:
LC Text: 76-6-103, 76-6-104, 76-6-202, 76-6-203, 76-6-208
SB0209_1: 76-6-103, 76-6-104, 76-6-202, 76-6-203, 76-6-208