Montana Rated ‘Middle of the Pack’ in New Western State Conservation Scorecard
The Center for Western Priorities evaluated eight western states on land protection and access, energy development, and growth planning
By Micah Drew for the Daily Montanan
Over the last seven years, Montana’s state-level policies have helped manage growth in a responsible way, but lag behind other western states in regulating oil and gas development. That’s according to the 2024 Western States Conservation Scorecard, an evaluation of eight western states conducted by the nonpartisan conservation and advocacy organization Center for Western Priorities and released on Thursday.
The last time the Center released a conservation scorecard, in 2017, Montana ranked as the second-best state according to land access, outdoor recreation and development metrics, behind only Colorado. In the new scorecard, Montana dropped to fourth as a “middle of the pack” state, even as the report highlights that a study showing that 78% of Montanans think more emphasis should be put on conservation policy over energy production and development. Colorado remained the top-scoring state, while Idaho earned the lowest score.
Montana’s policies “show that Western states can make progress on conservation in ways that work for them,” the report says.
Montana scored highest in the land use and growth planning areas, earning three of four possible points. The report highlighted Montanan’s state-level growth planning framework, water supply and conservation requirements for development and emphasis on minimizing impacts on wildlife. The state missed a point on managing growing in high-risk wildfire areas.
Montana Governor Greg Gianforte created a Housing Task Force in 2022 that developed recommendations to improve the state’s housing and affordability, including measures to help governments encourage greater density and prioritizing infill over greenfield development, the report notes. In addition, the Montana Land Use Planning Act, passed in 2023, overhauled the local government land use planning process, which the report characterized as a win. That bill, and several other housing bills passed by the 2023 legislature were subject to litigation.
The report criticizes Montana’s wildfire policies as “mixed, and currently not strong enough to guide development away from high fire risk areas. Local governments are allowed, but not required, to adopt growth policies that address issues including development in high fire risk areas … similarly, the state maintains a map of the wildland-urban interface, but does not require its use in decision-making.”
The Treasure State also scored well on several land access and protection metrics. The state’s Habitat Montana program, funded through non-resident hunting license fees, was lauded as successful, as was the passage of HB 701 in 2021 which spelled out how marijuana tax revenue — a portion of which goes to conservation programs. However, that proportion was greatly reduced compared to what was put on the 2020 ballot initiative that legalized recreational marijuana, and a subsequent bill to increase the percentage of revenue directed to conservation measures was vetoed by the governor — and spurred its own slew of litigation over procedure.
The scorecard noted that Montana officials have taken several anti-conservation positions in recent years, including Gianforte declining to participate in President Joe Biden’s “30×30” initiative to conserve 30% of America’s lands and waters by 2030, which Gianforte called “vague” and “irresponsible,” and Attorney General Austin Knudsen’s stance against the Bureau of Land Management’s new public lands conservation rule.
Montana scored high on public access to public lands, due its strong stream access laws, and ability to use state trust land with the purchase of an annual conservation license. The launch of a new Department of Natural Resources and Conservation interactive public access map, designed to enhance outdoor recreation on state trust lands, also garnered praise.
While Montana is the 13th-highest oil producing state in the nation, according to 2023 numbers, and 16th highest in natural gas production, there are no statewide setback requirements for oil and gas wells from homes, schools or other sensitive areas. Adequate setbacks can help mitigate risks to communities and the environment from spills, leaks and emissions of toxic chemicals. The report also noted that while Montana ensures a fair return rate to taxpayers by matching the federal oil and gas royalty rate of 16.67%, the minimum bonds amounts required for well operators is below what the Center says would help protect taxpayers from having to cover clean-up costs in the event of an operator going bankrupt or otherwise being unable to plug and remediate old wells.
Montana has “room to improve in regulating oil and gas development,” the report said. But, the state “has taken important steps to better manage growth in a way that conserves water supplies and wildlife habitat.”
The Center for Western Priorities describes itself as a nonpartisan conservation and advocacy organization that serves as a source of accurate information, promotes responsible policies and practices, and ensures accountability at all levels to protect land, water, and communities in the American West.
Regardless of our current score, Republicans are pushing Montana in the wrong direction, trying to make the state a playground for the wealthy and trying to sell off public lands and public access.