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Bill that would sell isolated state land to neighboring landowners nears Gianforte’s desk

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Bill that would sell isolated state land to neighboring landowners nears Gianforte’s desk


On a tailwind of Republican support, the Montana Legislature has advanced a bill that would facilitate the sale of isolated sections of state trust land.

House Bill 676 is a sweeping 22-page bill sponsored by House Speaker Brandon Ler, R-Savage, that addresses multiple aspects of water rights and the administration of state trust lands. 

Although several components of the bill drew scrutiny during a hearing before the Senate Judiciary Committee last week, perhaps the most controversial aspect of HB 676 involves the potential for the noncompetitive sale of an estimated 1.5 million acres of isolated sections of state land. 

HB 676 would also close the Montana Water Court, a nearly 50-year-old court created to quantify and prioritize hundreds of thousands of water rights that predate Montana’s 1972 Constitution. If HB 676 passes, an existing law specifying that the court cannot alter tribal water compacts would be struck as well. Critics argue it could invite federal intervention in decisions nearing resolution after decades of negotiation and scrutiny. One such agreement is the Confederated Salish and Kootenai Tribes Compact, which is currently before the Montana Water Court.

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In their comments to lawmakers, HB 676 proponents referenced a controversial decision the Montana Supreme Court issued last year. They described HB 676 as a private property rights protection measure that will prevent the Montana Department of Natural Resources and Conservation from “stealing” private water rights by dictating that in order to claim ownership of a water right, the water right must be used and diverted on state lands.

At issue is the Schutter v. Montana Land Board ruling the Montana Supreme Court issued in late April 2024 siding with the Land Board. The Land Board, which oversees state trust lands and is comprised of the top elected officials serving in state government, had asserted ownership over a portion of a private water right Gallatin County potato farmers developed on their private land to irrigate both their property and a neighboring property they leased from the state.  

In an opinion siding with the Montana Water Court’s interpretation of the matter, Montana’s highest court argued that the state must exercise some ownership over the water right to act in accordance with its directive to “secure the largest measure of legitimate advantage” for state trust land beneficiaries — e.g., Montana’s public schools. State trust lands are sections of land the federal government turned over to the Montana government when it became a state.

The Schutter decision was vigorously opposed by the Senior Ag Water Rights Alliance, which described the DNRC’s stance as “government bureaucracy gone insane.”

Speaking as a member of the Senior Ag Water Rights Alliance on March 21, Jocelyn Cahill described HB 676 as a proposal to put “clarity and stability” into Montana law.

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“Many ranchers are afraid to use their water on their state leases, fearing that DNRC will come after their right,” Cahill said. “This uncertainty discourages investment in the infrastructure needed to divert and deliver water. When ranchers stop improving their lease lands, the state leases — and the school trusts that rely on them — lose out on significant benefits.”

Cahill is steeped in water issues in other ways. She recently represented irrigation interests in a water policy stakeholder group that developed legislative proposals over the interim and her politically powerful family recently lost a legal dispute regarding the use of exempt wells to facilitate a Broadwater County development. 

Other HB 676  proponents included the Rocky Mountain Stockgrowers Association and the Rocky Fork Decreed Users of Carbon County.

HB 676 opponents argued that the bill is a raw deal for public land access, for Montanans in the midst of the water rights adjudication process, and for public K-12 schools reliant on state trust lands for a healthy and sustainable revenue source.

The Montana Stockgrowers Association, the Montana Farm Bureau Federation, the Montana Water Resources Association, the Montana Quality Education Coalition, the Senior Water Rights Coalition, the Montana Wildlife Federation, the Rocky Mountain Elk Foundation, the Property and Environment Research Center, the Public Land Water Access Association and the Montana chapter of Backcountry Hunters and Anglers spoke in opposition to the measure, along with other groups and individuals. 

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Matt Leow with Backcountry Hunters and Anglers acknowledged the access challenges posed by isolated sections of state land but argued that the solution is not to create a “fire sale of a state treasure” but rather to “figure out ways to open up public access to our public lands.”

Rocky Mountain Elk Foundation lobbyist Charlie Booher echoed that assessment, arguing that facilitating “the non-competitive sale of state land” is the wrong way to address state land that public recreationists can’t access.

“Over the last six years, Montana [Fish, Wildlife and Parks] and DNRC have worked through the [Public Access Land Agreement] program, as well as through the Block Management program, to open up access to over 1 million acres of state land that is currently isolated,” he told committee members. “We are supportive of that work and wouldn’t want to see it diminished by this bill.”

Brian Thompson with the Senior Water Rights Coalition described the dissolution of the water court as “problematic.”

“The water court has a job to do, and ending somewhat arbitrarily in 2031 leaves a lot of people in a lurch,” Thompson said during a hearing on the measure. “This is a system and a process that we set in place many decades ago. A lot of people’s water rights are dependent upon this system … They’re counting on the system to continue and to work to protect their rights into the future.”

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Opponents also argued that losing more than 1 million acres of state land will jeopardize between $5-7 million of revenue annually, much of which supports public schools. They also pushed back on the notion that the state is “stealing” water rights.

Lt. Gov. Kristen Juras, a former University of Montana law professor with extensive experience in water law, spoke most forcefully on the latter point.

“The state has never and does not assert an ownership of the water used on [private] land. It only asserts the interest on the state trust land, which it’s obligated to do under its fiduciary duty,” said Juras, who was testifying on behalf of Gov. Greg Gianforte in his capacity as chair of the Montana Land Board. “It is absolutely not correct that the state Land Board, acting through the Trust Land division of DNRC, is taking anybody’s private trust rights.”

The Senate Judiciary Committee has not yet taken executive action on HB 676.

Just after the Senate Judiciary Committee heard testimony on HB 676, the House of Representatives voted to advance House Bill 379, a twice-tabled and later revived measure that sought to combine two existing tools to facilitate the sale of state trust lands to developers.

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Lawmakers’ lifeline to HB 379 was short-lived, though. After passing an initial vote on March 21, the measure failed, 42-54, after 10 Republicans flipped their third-reading vote on Monday.

Rep. Larry Brewster, R-Billings, said he was approached by the Forestry and Trust Lands Division of the DNRC to sponsor HB 379. During a Feb. 6 House State Administration Committee hearing on the bill, Brewster described it as a straightforward measure — “nothing slim shady” — that would alleviate Montana’s housing affordability challenges. 

The sale of state lands that are “prime” for such residential development — those that communities have grown around, that have access to utilities and are no longer used for grazing, for example — would provide greater financial benefit to state trust beneficiaries like K-12 public schools if the state could enter into a commercial joint venture agreement with developers, Brewster told his colleagues.

Rep. Larry Brewster of Billings addresses his colleagues during the 2023 legislative session.  Credit: Arren Kimbel-Sannit / Montana Free Press

Deidra Kloberdanz, who manages the Real Estate Bureau of the DNRC’s Forestry and Trust Lands Division, said HB 379 combines two existing programs under the DNRC’s umbrella — the commercial leasing program and the land banking program — to create a pathway for larger housing developments. The leasing program provides revenue to trust beneficiaries through commercial rent payments. The land banking program, which has been operational for 22 years, allows the DNRC to sell up to 250,000 acres of trust land in order to reinvest in other lands that will provide more financial benefit to trust beneficiaries. 

Kloberdanz said the measure would allow a developer to initiate the subdivision and platting process as a property lessee and establish a framework for the later sale of individual home sites through the land banking program. She added that Land Board oversight is baked into the proposal. 

“The idea is the state and the developer would be able to share in both the risk and the reward of the project,” Kloberdanz said.

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Gale Heide with Habitat for Humanity of Gallatin Valley was HB 379’s other proponent during the committee hearing on the bill. He argued that HB 379 would make the development of state lands for affordable housing developments that groups like his have explored more financially feasible.

“Though I’m not encouraging the state to become real estate investors, you have proven the ability to use careful foresight in preserving your commitment to future generations and a growing education system,” Heide said. “Maybe some day there won’t be enough of Montana to go around, but for now, I think we can work together to create opportunities for working Montanans willing to bear the load with us.”

The measure drew no opponents during its hearing. 

Democratic members of the House spoke in opposition to the bill during floor debate last week, arguing that they have concerns about “uncertainty and ambiguity” in the bill, particularly around a transition away from a public auction process to an online sales platform.

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Cash crunch triggers lease hikes in Virginia City, Reeder’s Alley

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Cash crunch triggers lease hikes in Virginia City, Reeder’s Alley


Things are escalating into a standoff at Montana’s state-owned ghost towns, where rising rents and theme park ambitions, along with a case of embezzlement, are frustrating the owners of some of the state’s top tourist attractions in neighboring Virginia and Nevada cites in southwest Montana and Reeder’s Alley in Helena.

Operators of popular attractions like the Illustrious Virginia City Players, a beloved seasonal theater and vaudeville show, say new lease terms drafted by the Montana Department of Commerce are unaffordable. The state is asking for a standardized 15% of gross sales from Virginia City restaurants and the town theater troupe, this after years of collecting smaller and varying amounts from businesses. Vendors have been told to accept the new terms or clear out by the end of the month, said Errol Koch, whose family has performed at the Virginia City Opera House for decades. 

“To say that we ever had a gross, like a net profit, is laughable,” Koch said, “because everything we ever made either went to stockpile for the next season, to pay employees or to, like, just survive the winter. The profit part is negligible at best.”

The commerce department estimates that, before expenses, the Opera House brought in $126,000 in 2025. Rent would be $19,000 under the new lease terms. That would leave $107,000 to cover four months of payroll for roughly 15 employees.

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Actors spend the summer performing original plays and vaudeville acts in a small opera house anchoring the west end of the Wallace Street wooden boardwalk. The players are a main draw of the 1860s gold rush town that sprang up along the banks of Alder Creek and was the territorial capital until 1875. 

The acting troupe lives in a collection of small cabins, also owned by the state. In addition to wanting a 15% cut in gross income, Koch said the state also wants rent for the cabins, and it wants the copyright for any material written by the performers, an ownership requirement Koch said is typically associated with major entertainment companies like Disney. The commerce department told Montana Free Press the copyright language has been in opera house contracts since 2009. 

In a state budget committee hearing last week, commerce Deputy Director Mandy Rambo told legislators that Montana heritage properties in Virginia City, Nevada City and Helena’s Reeder’s Alley have fallen hundreds of thousands of dollars short of annual revenue expectations for several years. Tourist season revenues have been expected to exceed $1 million, but have mostly come in at $750,000 for the three locations. 

Rambo cited mismanagement by the Montana Heritage Commission, a part of the commerce department that oversees the properties. Losses include a years-long embezzlement by a former executive director, Michael Elijah Allen, who earlier this month was sentenced to three years in prison and ordered to pay $280,000 in restitution. An accomplice, Casey Jack Steinke, was sentenced to one year in state custody and ordered to pay $100,000 in restitution.

“It is a mismanagement of funds through several scenarios, not charging rent to people, not charging market rents to people who are renting from the Heritage Commission, overspending funds that the commission did not have,” Rambo told lawmakers. 

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LUXURY LODGINGS?

The changes come as the state eyes 99-year leases for parties to invest a “substantial amount” in improving heritage property. The change in the law, passed by the Legislature earlier this year, preceded by several months an elaborate proposal by California-based developer Auric Road to transform Nevada City into “a living frontier village — a 21st-century homestead camp where guests can immerse themselves in  Montana’s heritage while enjoying modern comforts.”

Nevada City is the site of several buildings and antiques relocated from various locations by the former Virginia City curator Charles Bovey, whose estate sold its heritage assets to the state of Montana in 1997 for $6.5 million. The location is a less robust attraction than Virginia City.

The commerce department said last week that Auric Road withdrew its plan sometime after presenting it to the Montana Heritage Commission in September.

The pitch was luxurious, especially when compared to current Nevada City conditions. The local hotel is closed for major repairs. The proposal included three-star accommodations at a restored 14-room Nevada City Hotel, guest cabins with multiple bedrooms and enough extras to transform Nevada City into a year-round destination, according to Auric Road. There were also wall tents and Conestoga wagons with full indoor bathrooms. There was to be candle making, gold panning and glamorous camping, or “glamping,” at an area dubbed the “River of Gold.” The plans also called for adding a speakeasy railcar where craft cocktails would be served.

Auric Road, which operates Lone Mountain Ranch, withdrew a proposal for luxury lodging options in Nevada City, including glamping and Conestoga wagons with full indoor bathrooms.
Credit: From the Auric Road proposal submitted to the Montana Heritage Commission

Rambo, testifying for the law change before the House Administration and Veterans Affairs Committee last February, specifically offered Nevada City Hotel renovations as an example of why the change in law was needed to attract companies with deep pockets, including a $1 million cost estimate for raising the two-story building to do foundation work. 

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Auric made inroads into Montana’s heritage properties this summer when it took over management under contract for Virginia City’s Bale of Hay Saloon, which touts itself as Montana’s oldest bar. State officials said the contract, awarded July 24, spanned the remainder of the 2025 season. A contract for 2026 hasn’t been created. 

Like other Virginia City properties, the 1863 bar is a state-owned enterprise leased to private vendors. After the commerce department parted ways with the previous vendor, Marie Clark, Clark took to social media, accusing the state of driving her out to make room for what she called “Lone Mountain Ranch,” a Big Sky-area resort property also owned by Auric Road.

Auric Road did not respond to an interview request made through the company’s website for this article. Clark said in an email this week that she and the state have reached a settlement over her dismissal from the lease. The department confirmed last week that it had paid Clark $20,000. The agreement prevents her from further disparaging the department, Clark said, and she has removed her earlier criticisms of the commerce department from social media.

Auric Road’s now-withdrawn plans for Nevada City sound out of tune to Virginia City vendors, who say their combined community is a regional draw, attracting Montanans who want to see an intact territorial mining town. 

“There’s nothing they want to do that matches us at all,” said Shauna Laszlo Belding, who operates Bob’s Place, a pizza and sandwich restaurant, with her husband, Kirk Belding. “I go to (Auric’s) website, and you’re not staying in a room for $300 a night. Lone Mountain is $800 a night. Our clientele is regional families. They can’t afford that.”

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In Virginia City, a community with about 500 full-time residents, the reality of the frontier west is grittier than fiction. It’s a place where alleged outlaws led by a mining town sheriff were accused of robbing miners and hanged on “boot hill” by vigilantes who apprehended and killed more than 20 people. The deformed foot of one of those hanged, “Clubfoot” George Lane, was removed from his body and put on display in 1907. The foot didn’t stop being a tourist attraction for a century, but was cremated at the request of Lane’s family in 2017, when the community received a replica foot for display.

Historic American Buildings Survey/Historic American Engineering Record/Historic American Landscape Survey (HABS/HAER/HALS) Collection
This photo of Virginia City was taken in 1866. Today the town is home to about 500 year-round residents and many more tourists in the summer sesaon. Credit: Historic American Buildings Survey/Historic American Engineering Record/Historic American Landscape Survey (HABS/HAER/HALS) Collection

Rocky dredge piles churned by mining operations that sifted through Alder’s placer 160 years ago are still heaped along the waterways, aka “River of Gold,” trailing from this community. 

Virginia City is changing, Koch said. There’s a seasonal housing shortage. Homes that once provided affordable shelter for seasonal workers are now vacation rentals. Virginia City is still the Madison County seat. Taxes are still paid and divorces are still filed in the historic brick courthouse. There’s a two-cell jail with bars down in the basement.

Still, one bald mountain pass to the east, Montana’s modern gold rush of real estate, fly fishing and cattle is spreading fast in Ennis, population 1,100. The runway at the county airport accommodates personal jets. There’s a private mountain backroad to the ski resorts of Big Sky, which otherwise takes an 87-mile trip around the Madison Range to access. 

The Beldings were five years into a 20-year lease when the commerce department informed them that the state wanted 15% of their gross income and their old lease was void. The new lease, non-negotiable, was also subject to annual revisions by the state.

Explaining the new terms to legislators last week, Rambo said the 15% was standard for “turnkey businesses,” meaning businesses with landlord-provided equipment and branding, capable of operating without tenant investment.

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REEDER’S ALLEY

Tenants say not all the properties are ready for business. In Helena’s Reeder’s Alley, it took the state 10 months to bring the stairway and deck leading to Chris Starr’s barbecue business into compliance with local regulations. The brick-paved alley is the oldest part of Helena, built in the 1870s alongside housing for miners.

Starr said he learned the stairs were out of compliance the hard way, on his second day of business in Reeder’s Alley operating RockStar BBQ. Helena safety inspectors told him the stairs would have to be roped off until they were repaired. He then learned that the same order about fixing the stairs had also been issued 10 years earlier. This time, the poor conditions of the deck and stairway resulted in a pause in his liquor license.

In the winter months, the icy walk to Rockstarr’s back entrance made the restaurant uninviting, Starr said. The business became fully accessible in August, about nine months after Starr moved in November 2024. Starr said the condition of the site during his first year as a tenant almost broke him financially.

Last week, the commerce department published a list of new lease terms for 24 historic properties in Virginia and Nevada cities and Reeder’s Alley. RockStarr’s rent was listed as $800 a month with utilities paid, a “partial kitchen and brand-new deck.” 

One legislator from the Virginia City area bristled last week at the commerce department suggesting the Legislature mandated an increase in lease revenue by assuming that a percentage of the Heritage Commission Budget would come from leasing.

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“I understand that, and appreciate [it], that you can’t spend money you don’t have, but I think the terminology is a little bit misleading that, you know, the Legislature demanded or mandated that you do that,” Rep. Ken Walsh, R-Twin Bridges, told Rambo in committee Dec. 17.

Walsh said he recently consulted with former vendors of seasonal businesses and learned that a revenue share of 6% to 12% to the state was more feasible. Rambo had said the 15% rate was similar to what county fairs charge concessioners. 

Lawmakers representing the Virginia City area were instrumental in making changes to the law sought by the commerce department concerning the management of the state’s heritage properties. Walsh carried a bill to allow the state to issue leases of up to 99 years.

Republican Sen. Tony Tezak, R-Ennis, carried a bill giving the commerce department more supervisory control over the heritage properties, a move away from the loose management by the Montana Heritage Commission during the embezzlement scandal.

The state’s heritage properties number 250. There are also 1.3 million historic artifacts, according to testimony from commerce department officials to the Legislature in February. 

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LATEST STORIES

Cash crunch triggers lease hikes in Virginia City, Reeder’s Alley

Things are escalating into a standoff at Montana’s state-owned ghost towns, where rising rents and theme park ambitions, along with a case of embezzlement, are frustrating the owners of some of the state’s top tourist attractions in neighboring Virginia and Nevada cites in southwest Montana and Reeder’s Alley in Helena.


State judge allows 2025-2026 wolf hunting and trapping regulations to stand

The order, issued by district court Judge Christopher Abbott on Dec. 19, 2025, keeps the existing wolf hunting and trapping season in place, but nods to ongoing concerns regarding Montana Fish, Wildlife and Parks’ population models and the possibility that driving down wolf numbers harms environmental groups’ Constitutional right to a “clean and healthful environment.”


Gianforte appoints Montana Department of Corrections deputy director to lead the agency 

Gov. Greg Gianforte appointed Eric Strauss, who currently serves as the state Department of Corrections’ deputy director, to lead the agency. The announcement comes two months after President Donald Trump appointed the agency’s current director, Brian Gootkin, to become the U.S. Marshal for the District of Montana.


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Montana Lottery Powerball, Lucky For Life results for Dec. 22, 2025

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The Montana Lottery offers multiple draw games for those aiming to win big. Here’s a look at Dec. 22, 2025, results for each game:

Winning Powerball numbers from Dec. 22 drawing

03-18-36-41-54, Powerball: 07, Power Play: 2

Check Powerball payouts and previous drawings here.

Winning Lucky For Life numbers from Dec. 22 drawing

09-16-23-34-46, Lucky Ball: 07

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Check Lucky For Life payouts and previous drawings here.

Winning Lotto America numbers from Dec. 22 drawing

01-09-18-19-44, Star Ball: 02, ASB: 05

Check Lotto America payouts and previous drawings here.

Winning Big Sky Bonus numbers from Dec. 22 drawing

10-11-16-19, Bonus: 08

Check Big Sky Bonus payouts and previous drawings here.

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Winning Powerball Double Play numbers from Dec. 22 drawing

14-32-47-48-69, Powerball: 17

Check Powerball Double Play payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

  • Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
  • Mega Millions: 9 p.m. MT on Tuesday and Friday.
  • Lucky For Life: 8:38 p.m. MT daily.
  • Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
  • Big Sky Bonus: 7:30 p.m. MT daily.
  • Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
  • Montana Cash: 8 p.m. MT on Wednesday and Saturday.

Missed a draw? Peek at the past week’s winning numbers.

Winning lottery numbers are sponsored by Jackpocket, the official digital lottery courier of the USA TODAY Network.

Where can you buy lottery tickets?

Tickets can be purchased in person at gas stations, convenience stores and grocery stores. Some airport terminals may also sell lottery tickets.

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You can also order tickets online through Jackpocket, the official digital lottery courier of the USA TODAY Network, in these U.S. states and territories: Arizona, Arkansas, Colorado, Idaho, Maine, Massachusetts, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Puerto Rico, Washington D.C., and West Virginia. The Jackpocket app allows you to pick your lottery game and numbers, place your order, see your ticket and collect your winnings all using your phone or home computer.

Jackpocket is the official digital lottery courier of the USA TODAY Network. Gannett may earn revenue for audience referrals to Jackpocket services. GAMBLING PROBLEM? CALL 1-800-GAMBLER, Call 877-8-HOPENY/text HOPENY (467369) (NY). 18+ (19+ in NE, 21+ in AZ). Physically present where Jackpocket operates. Jackpocket is not affiliated with any State Lottery. Eligibility Restrictions apply. Void where prohibited. Terms: jackpocket.com/tos.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.



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‘Layered, adaptive’ wildfire insurance approach needed in Montana

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‘Layered, adaptive’ wildfire insurance approach needed in Montana


Jordan Hansen

(Daily Montanan) Calling rising wildfire insurance rates an “urgent challenge,” a Headwaters Economics and Columbia Climate School report released this month points to potential approaches to address the financial burden on Montana property owners.

Nationwide, property insurance rates are rising — but they’re doing so even faster in areas with “climate-related perils” according to a report published by the U.S. Treasury Department at the beginning of this year.

Non-renewal of policies is also an issue and that same Treasury report found that in areas with “the highest expected losses from climate-related perils,” non-renewals of property insurance coverage were more common.

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The Headwaters report looks at five strategies that could be employed to help communities in high-risk areas find insurance. These approaches include community risk pooling, ideas pulled from agriculture insurance and large-scale state reform.

According to the state’s insurance commissioner, James Brown, the state could see the fifth-highest state increase in property insurance increases this year, citing a National Association of Realtors report. Montana policy holders paid a little more than $4 billion in premiums in 2013, that number in 2022 was almost $7.4 billion, according to the National Association of Insurance Commissioners.

He pointed to escalating fire risk in a May letter as part of the problem.

“First, wildfires have become more frequent and intense. Nearly 70% of all wildfires recorded in Montana have occurred since 2000,” Brown wrote. “These longer-lasting, more destructive fires dramatically increase the risk to homes, pushing insurance rates higher. Second, Montana’s scenic appeal and lifestyle continue to attract new residents, inflating property values and replacement costs — thereby driving up premiums.”

He went on to write that half of all properties in Montana are “at risk of catastrophic wildfire damage.”

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‘Ability to financially rebound’

About 75,000 acres burned in Montana this year with one main residence, according to the state’s Department of Natural Resources and Conservation. Fires involving large numbers of structure losses — such as the Eaton and Palisades fires around Los Angeles earlier this year — have become more common and the economic losses are staggering.

Montana has seen some fires that have destroyed homes, including the 2021 fire in Denton and the Bridger Foothills Fire in 2020.

According to a 2023 Department of Interior report, the annual burden of wildfires on the U.S. Economy was between “$71 billion to $348 billion in 2016 dollars ($87 billion to $424 billion in 2022 dollars).” The same report said there are “huge” data gaps around “property damage, loss of life, and healthcare costs.”

Tens of millions are spent on fire suppression and mitigation in Montana each year and nationally, suppression costs consistently ring in at well over a billion dollars annually.

But even with the suppression and mitigation efforts, communities can struggle when faced with a fire disaster.

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“As the protection gap expands between those with insured losses and those without, a community’s ability to financially rebound is weakened, municipal revenue flows including property taxes may be diminished, and significant federal investment may be needed to offset recovery and rebuilding costs,” the Headwaters report reads.

It also cautions that no single strategy will solve all problems and goes on to say a, “layered, adaptive, and equity-focused framework,” will be needed to address insurance issues caused by wildfires. Additionally, the report does not cover renters nor the “unique” experiences of Native Americans living on tribal reservations.

“Land inside reservations may have unique ownership structures and be subject to federal oversight in ways that interfere with private sector insurance coverage, and tribes have long contended with additional administrative barriers to public support systems,” the report reads.

‘Reducing their own risk’

The report suggests five “new pathways” for insurance in the state, which are: voluntary certification programs, community-based catastrophe insurance, parametric policies, FAIR state plans (insurance of last resort), and state regulatory reform.

The report discusses the benefits and drawbacks of each approach, as well as examples from other states that have utilized some of those ideas. FAIR plans have been implemented in Florida, for example, while parametric policies essentially model agricultural drought insurance.

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Voluntary certification is the idea that’s gained the most traction, said Kimi Barrett, a lead wildfire research and policy analyst at Headwaters. Barrett, along with Columbia Climate School’s Lisa Dale, authored the report.

Voluntary certification, where citizens do specific things to reduce fire risk on their property in tandem with others in their community, leans into the idea of home and community hardening, an approach conservation groups applaud.

Some scientists have argued the root of the wildfire issue is actually a structural ignition problem and that losses could be lessened by better building codes and materials.

These types of policies have mostly been done in western parts of the country.

“It’s modeled off of what hurricane mitigation is required in places like Alabama and elsewhere, where it’s essentially a fortification of a home to that hazard,” Barrett said. “And in doing so, demonstrating to insurance providers that the risk has been reduced enough to meet criteria for insurance retainment moving forward.”

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Colorado has modeled this policy, passing a statewide fire code this year that made a home-hardening inspection mandatory at point of sale. The report also found there are potentially psychological factors to consider within the voluntary certification program.

“Shifting residents’ current expectations of external support, including home protection from firefighters, disaster relief from FEMA, and insurance as a buffer from loss will take a concentrated effort,” the report reads. “When homeowners accept personal responsibility for reducing their own risk, they may find the costs associated with home hardening to be more acceptable. Fostering this mindset change will take significant public outreach.”

‘A house in the country’

However, population trends show that people keep moving to and building in fire-prone areas.

According to the Montana Environmental Information Center, the number of new homes built in wildfire-prone areas doubled between 1990 and 2020.

Areas like the Bitterroot and Flathead Valleys are particularly vulnerable, even as southwestern Montana has exploded in population. Grass fires in Montana are a concern too, as evidenced by the fire that swept through Denton in 2021.

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“Everyone wants a house in the country, right? It’s beautiful, and yet we created the imperfect storm,” Dominick DellaSala, a conservation scientist, said to the Daily Montanan. “Because now the climate has shifted, the Forest Service can’t possibly put out all these fires that are increasing in speed, intensity and acres burning where all these houses were built. So what do we do about it?”

The state Legislature is looking at the broader issue of property insurance rates in an interim committee and there’s a wildfire study bill as well. Those discussions could end up becoming legislation during the 2027 Legislative session, and the hope from the Headwater Report’s authors is that it helps inform these discussions.

It’s also important to note what insurance companies are looking for, Barrett said.

“Insurance is spending money on homes getting damaged and destroyed by wildfire,” Barrett said. “What they need to see is risk reduction ahead of a wildfire to those homes and communities placed in high risk areas, and that forest treatments and fuels reduction of landscapes alone, will not get them there, nor will suppression and response. It requires addressing the built environment at the same level that we currently address suppression and forest treatments.”

Insurance advocates have pointed to low amounts of hazardous fuels work being done under the Trump Administration — possibly as much as a 38% drop in annual average of acres treated — and are looking to see more done.

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“We’ve seen more evidence and more informative reports for policyholders and homeowners about what they need to do to help protect and defend their home and make sure that they’re safe,” said Jayson O’Neill, an insurance advocate. “We aren’t seeing this sort of same urgency from our regulators and our state insurance commissioner and our state legislators.”





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