BRETT FRENCH | bfrench@billingsgazette.com
It took some wrangling, but a fence placed across the West Boulder River in the spring of 2025 that blocked public access has been modified.
“After some reluctance from the landowner, they did redo some fencing, and they put a gate in,” said Alex Leone, executive director of the Public Land Water Access Association.
Ryder Paggen, recreation manager for Montana Fish, Wildlife & Parks in Region 5, said the landowners were “reasonable to work with.” He credited Region 5 supervisor Mike Ruggles for negotiating a solution with the landowners.
Brokaw ranch sold in 2018
The West Boulder River flows from the Absaroka Mountains crossing from Park to Sweet Grass counties. The river’s three forks are popular access points to the mountains providing fishing, hiking and camping opportunities.
The area’s beauty has also attracted a wealth of celebrities, including news anchor Tom Brokaw and actor Michael Keaton.
After 30 years, Brokaw sold his West Boulder Ranch in 2018 to a new owner listed as Burnt Leather Home Place, a limited liability corporation filed in Providence, Rhode Island. Montana Cadastral lists the owner’s mail as being sent to Pathstone Family Office, an investment and wealth advisory firm based in New Jersey. The company did not respond to an emailed request for comment.
Fay Ranches noted on its website that the buyer combined Brokaw’s land and the Old Steen Place to create the Burnt Leather Ranch. Brokaw’s ranch was spread across 4,128 acres. When listed, the asking price was $17.9 million, according to Fay Ranches.
Adjoining the property was a 623-acre parcel listed for $6.95 million. The Steen Place included the headquarters of the Burnt Leather Ranch, “as well as it’s most valuable recreational resources,” Fay Ranches noted.
“The combination of the two holdings now boasts 3 miles of frontage on the highly coveted West Boulder River,” Fay Ranches wrote, 2 miles of which was on the Steen property “providing one of the most scenic and prolific stretches of water on which to catch trout in the lower 48 states.”
Amenity landowners
Amenities like trout streams, huntable populations of trophy elk, deer and other wildlife, as well as exclusive access to public lands have long been prime selling points for recreational properties in the West.
Some new landowners, intent on keeping the public out, have run afoul of the public, county commissioners and Fish, Wildlife & Parks when they gate and lock roads or fence off streams. Lawsuits can be long and ugly, with one Bitterroot landowner continually defying the county and court’s orders regarding road access.
Attempts to pass laws requiring landowners to seek permission before gating roads have never passed the Legislature.
However, under Montana’s Stream Access Law, passed by the 1985 Legislature, landowners must provide a way for the public to negotiate around or under fences that block streams or stream access points, such as county road bridges.
In comparison, in Wyoming anglers can be charged with trespassing for stepping out of a boat in the middle of a river where it runs through private land.
Montana’s Stream Access Law was hotly contested in court by a wealthy nonresident landowner, but the U.S. Supreme Court upheld the law providing the Public Land Water Access Association with a hard-fought win.
‘People are feeling emboldened’
Unfortunately, Leone said as more out-of-staters move to Montana, a boom that started during the pandemic and was boosted by the popular “Yellowstone” television show, stream access disputes have increased.
“People are feeling emboldened right now, same with these freaking road challenges,” he said.
In its April newsletter, PLWA outlined the problem on the West Boulder.
“A new fence had been built within the public road right-of-way, with additional fencing stretching across the stream within the ordinary high-water mark,” the newsletter said. “Paired with orange paint and a plethora of ‘No Trespassing’ signs, it was clearly meant to keep the public out, not cattle in.
“After PLWA notified Park County, the county sent a letter to the landowners notifying them of the encroachment, and the fencing within the right-of-way was moved. Unfortunately, the obstruction within the river itself remained, continuing to restrict access.”
Last August, PLWA partnered with the Park County Rod & Gun Club to “submit a formal Portage Request to the Park Conservation District under Montana’s Right to Portage Law (MCA 23-2-311), with FWP helping shepherd the issue toward a fair resolution.”
“Recently, we received photos showing some changes: the fences across the stream have been raised, and a new gate was installed. However, ‘No Trespassing, No Fishing, No Hunting’ signs still surround the site — signs that are legal on private property, no matter how disingenuous.”
PLWA noted Montana’s Right to Portage statute is still untested.
Access to public lands remains one of the most important issues to Montanans, according to numerous polls, no matter what a voter’s political affiliation may be. However, some Republican lawmakers and large landowners continue to push public exclusion.
In the upcoming legislative session, a bill to restrict crossing from public land to public land where the parcels meet, called corner crossing, is likely to be introduced. The Environmental Quality Council will discuss the subject at its May 13 meeting.
Leone praised FWP’s Ruggles for negotiating the installation of a gate along the West Boulder River, as well as installing signs to make it clear public access is allowed despite the Burnt Leather Ranch’s logo.
“People know it’s public now,” he said.
Feature photo not actual photo from story