September 20, 2021

MDT says Reserve St. fence does not violate stream access law - NBC Montana

We’re told by MDT that those living under the bridge will have to move, and ‘no trespassing’ will be enforced. Photo: NBC Montana
We’re told by MDT that those living under the bridge will have to move, and ‘no trespassing’ will be enforced. Photo: NBC Montana

MISSOULA, Mont. — We're working for you after a viewer asked us to follow up on Missoula's new Reserve St. bridge fence to see if it breaks the Montana Stream Access Law. The fence is there to cut down on illegal campsites and maintain safety of the bridge infrastructure.

The Montana Department of Transportation says it's in accordance with all local, state and federal laws. It's public land owned by MDT, and they have the right to regulate access to that land.

Limited recreational access is still possible from the Clark Fork River, but that doesn't include overnight camping.

Here's the full statement NBC Montana obtained from the Montana Department of Transportation's legal team:

"The Montana Department of Transportation’s (MDT) installation of fence beneath the Reserve Street Bridge is in accordance with all local, state, and federal laws. The land on which this fence was constructed is owned by MDT and is public land. However, MDT, as with all state agencies, maintains the right to regulate access to public land. The reason for this particular restriction of access is to maintain the safety of Montana’s infrastructure – specifically the Reserve Street Bridge, and the pedestrian and vehicular traffic that travels upon it. Limited recreational access to the property is still possible from the Clark Fork River, but does not include overnight camping."



source: https://nbcmontana.com/news/working-for-you/mdt-says-reserve-st-fence-does-not-violate-stream-access-law

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