“Montana is an open range state” is a common response to folks complaining about cattle in places they’d rather cows were not. However, that simple statement is an oversimplification. Montana is not just an open range state.
Rather, our range laws stem from the need to address two separate issues. The first was addressing the needs of folks moving large herds of cattle across the plains. The second was addressing grain shortages made worse by damaged crops. Both issues can be solved by fencing, in one form or another, but how to find the balance?
In Montana, it’s a choice. We are not an open range state, not exactly. Rather, Montana is piecemeal, patches of open range nested among patches of “herd districts”.
In an open range district, cattle must be fenced out. In a herd district, cattle must be fenced in. What determines which an area is? Local choice. Specifically, landowner petition to the county commissioners. There’s a bit more detail to it- but go check Montana Code Annotated for the rest, and remember that sometimes the simple truisms aren’t quite true.
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