Road Classifications in Montana: County vs. Private
Author: Broadwater County Commissioners
Road Classifications in Montana: County vs. Private
Broadwater County Commissioners
Montana’s wide-open spaces are stitched together by all kinds of roads – some public, some private, and some that fall in between. Whether you're a landowner, developer or just trying to figure out who’s responsible for fixing that bumpy patch of road, understanding the differences between county roads, private roads, and private roads open to public use can save a lot of confusion.
County Roads
There are eight different methods of establishing a county road: Petition, Dedication and Acceptance, Eminent Domain, Transfer by State, Resolution by County Commissioners, Court Recognition, Easement Acquisition, or Prescriptive Use. Each method is governed by specific provisions of the Montana Code Annotated (MCA), particularly under Title 7, Chapter 14. The common theme with each method is that the road must be officially adopted as a county road, typically by a resolution of the county commissioners or by order of a judge.
Things to know:
• Maintenance – While county roads are often maintained by the county, this is not always the case. MCA 7-14-2101(1)(a) states that county commissioners may lay out, maintain, control, and manage county roads. The use of the term “may” indicates that counties are not obligated to maintain all county roads. If the county does not maintain the road, maintenance would fall to the landowner(s) wanting the work completed.
• Ownership – A county road is not necessarily owned by the county. Often, the land itself is privately owned, but the county holds and controls a right-of-way easement, meaning the public can legally use the road.
• County Roads are open to the public unless restricted by law (e.g., weight limits or seasonal closures).
It is important to note that a road shown on a subdivision plat as “dedicated to public use” does not automatically become a county road. As stated earlier, a road must be formally accepted by the county through a resolution to be officially designated as a county road.
Private Roads
Private roads are restricted to use by the public. They are usually built to access private property and are not maintained by any public agency.
Things to know:
• Only those with legal rights can use the road – typically by ownership or granted through an easement.
• Maintenance is up to the property owner. If multiple owners share the road, a written road maintenance agreement, such as through a shared driveway agreement or an easement agreement, is highly recommended.
Private Roads Open to Public Use
This category is possibly the most confusing of the three and is commonly found within subdivisions. These are privately owned roads that are open to the public.
Things to know:
• While privately owned, the roads have been formally dedicated for public use, usually by an easement or a dedication on a subdivision plat.
• These are not county roads.
• The landowners, or the Home Owners Association (HOA), are responsible for all maintenance. This is commonly done through a road maintenance agreement or a Rural Improvement District (RID).
Understanding these road classifications will help you know who can use the road, who’s responsible for maintaining it, and what your legal rights are. When in doubt, consult your local county officials and/or MCA to verify the status of a road and your responsibilities related to it. Clear knowledge leads to better decisions and fewer surprises down the road.
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