Proposed Wild & Scenic Designation
Proposed Wild & Scenic Designation
NOTE - The Madison River Foundation’s mission is grounded in science-based conservation. We prioritize decisions and actions that are informed by measurable data, peer-reviewed research, and on-the-ground monitoring of river health.
Wild & Scenic River designation is a policy and legal framework designed to guide long-term river protection. While scientific information can inform parts of that process, designation itself is not based on new scientific discoveries or specific biological thresholds. For that reason, and out of respect for the wide range of perspectives across the watershed, the Foundation has chosen not to take an official position for or against designation.
Instead, our role is to provide clear, factual information (as provided to us), support informed discussion, and continue focusing our work on science-driven conservation efforts that directly measure, protect, and improve the health of the Madison River.
Our goal is to support informed discussion among community members by providing accurate context, reducing misinformation, and helping people evaluate potential implications for themselves and the river. We encourage readers to review the information carefully and engage in the process in a way that aligns with their own values and interests.
About This Information
Proposed under the Greater Yellowstone Recreation Enhancement and Tourism Act (GYREAT), new Wild and Scenic designations for the Madison River and its tributaries, such as the Middle Fork of Cabin Creek, aim to protect nearly 100 miles of waterways. According to our research, the key aspects include: preserving the river's world-class trout fishery, ensuring public access, maintaining existing water rights, and allowing for emergency response while preventing new dams.
The pros and cons outlined below are based on established guidance from the Interagency Wild & Scenic Rivers Coordinating Council and are intended to reflect the law as written, not opinions or recommendations. We recognize that perspectives on this issue vary across the watershed, and we respect those differences.
Our goal is to support informed discussion by providing accurate context, reducing misinformation, and helping people evaluate potential implications for themselves and the river. We encourage readers to review the information carefully and engage in the process in a way that aligns with their own values and interests.
Wild & Scenic Designation / What it means
How Wild & Scenic River designation would affect .1 Recreation, 2. Conservation, and 3. Landowners on the Madison River, based strictly on the Interagency Wild & Scenic Rivers Coordinating Council Q&A Compendium.
1. Recreation
Important Clarifications (Often Misunderstood)
Designation does not automatically close the river to any recreational use.
Designation does not federalize fishing or boating rules.
Designation does not eliminate private land or legal access.
Recreation restrictions, if any, must be justified, documented, and tied to protecting river values.
PROS: Potential Recreation Benefits
Existing recreational uses are allowed to continue
Fishing, floating, boating, wading, swimming, hunting (where legal), and guiding are not prohibited by designation.
The Act explicitly states recreation is not restricted unless necessary to protect river values, water quality, or public safety.
Protection of flow, water quality, and river character
No new federally assisted dams, diversions, or water projects that would degrade recreational values.
Long-term protection of flows that support fishing and floating experiences.
Recreation recognized as a protected value
“Recreational value” is one of the qualifying Outstandingly Remarkable Values (ORVs).
Management must protect and enhance the recreational experience that justified designation.
Stability and predictability for recreation
Prevents large-scale future alterations that could fundamentally change how the river is used.
Reduces uncertainty from future water resource development.
Access generally maintained
Existing legal access points remain.
Roads, bridges, rights-of-way, and crossings are allowed if consistent with river protection.
Local and state authority over fishing and hunting remains
State jurisdiction over fishing and hunting is explicitly preserved.
Seasons, regulations, and enforcement remain with Montana Fish, Wildlife & Parks.
Potential for improved recreation planning
Requires a comprehensive river management plan that addresses user capacity, access, and conflicts.
Can lead to clearer rules, signage, and coordination among agencies.
CONS: Potential Recreation Constraints or Risks
NOTE: Changes occur through planning, not automatically
Restrictions are not immediate, but they can emerge through future management plans.
Public process exists, but outcomes are not guaranteed to align with all user groups.
Future recreation growth may be managed or limited
If user numbers or types of use are found to degrade river values, agencies may impose limits.
Capacity caps, permit systems, or seasonal restrictions are possible if impacts rise.
Motorized use may face scrutiny
Motorized boats, vehicles, or aircraft are not automatically banned, but may be regulated more closely.
Any expansion of motorized recreation must be shown not to impair river values.
New recreation infrastructure may be constrained
New boat ramps, parking areas, campgrounds, or facilities may be limited or redesigned.
Infrastructure must align with the river’s classification (wild, scenic, or recreational).
Management decisions shift toward conservation priority
Recreation is allowed, but secondary to protecting free-flowing condition and ORVs.
If conflicts arise, resource protection takes precedence over convenience or expansion.
Designation can increase visitation
National recognition can attract more users and increased pressure
2. Conservation
Important Clarifications (Often Misunderstood)
Wild & Scenic designation is primarily preventative, not restorative.
It is strongest at stopping future harm and locking in existing conservation gains, but it does not guarantee ecological improvement or funding on its own.
PROS: What Designation Clearly Helps With
Permanent protection of free-flowing condition
Prohibits new federally assisted dams, impoundments, or channel-altering water projects.
Northwestern Energy’s Federally Regulated Regulatory Commission (FERC) license will not be affected.
Prevents future structural changes that could degrade river function.
Legal mandate to protect identified river values (ORVs)
Agencies must protect and enhance the values for which the river is designated (e.g., fishery, water quality, scenic character).
Conservation becomes a required consideration in all relevant federal actions.
Stronger protection against future degradation
Provides a legal backstop when evaluating development proposals.
Prevents incremental impacts that could otherwise accumulate over time.
Water quality reinforcement
Requires coordination with EPA and state water quality agencies.
Supports pollution reduction efforts without replacing existing Clean Water Act authorities.
Consistency across federal agencies
All federally assisted projects must be reviewed for consistency with river protection goals.
Reduces conflicting management decisions among agencies.
Long-term conservation certainty
Designated rivers are never removed from the National Wild & Scenic Rivers System.
Conservation protections persist regardless of political or administrative changes.
Framework for collaborative conservation
Encourages cooperative agreements with state, local, and nonprofit partners.
Allows shared management rather than exclusive federal control.
CONS: Limitations, Trade-offs, or Constraints
Does not mandate restoration or enhancement
Designation alone does not require habitat restoration, riparian repair, or fishery improvement.
Active conservation still depends on funding, partnerships, and separate programs.
Limited authority on private land
Conservation actions on private lands are voluntary unless existing state or local regulations apply.
Federal authority focuses primarily on federal lands and federally assisted projects.
State authority remains primary
Fisheries management, wildlife management, and water rights stay under state control.
Federal conservation influence is limited if state actions do not clearly impair river values.
Higher scrutiny for future projects
Even conservation or restoration actions may require additional analysis if they alter channel form, flow, or access.
Can slow implementation of projects compared to informal or locally driven efforts.
Administrative and planning requirements
Requires a comprehensive river management plan within three years.
Conservation actions on federal lands typically involve NEPA review and documentation.
Conservation scope tied to defined values
Only the values identified at designation receive explicit protection.
Ecological concerns not defined as ORVs may receive less emphasis.
3. Landowners
Important Clarifications (Often Misunderstood)
Designation does not create public access across private land, change trespass laws, transfer water rights, or override state authority over land use.
PROS: What Designation Can Benefit or Protect
No automatic regulation of private land use
The Act does not impose new federal zoning or land-use controls on private property.
Private land remains under state and local jurisdiction unless federal funds or permits are involved.
Protection from condemnation in many cases
If more than 50 percent of land within the river corridor is already in public ownership, federal condemnation authority for fee title acquisition is prohibited.
Condemnation authority is further limited where local zoning adequately protects river values.
Voluntary participation emphasized
Conservation easements, land acquisition, and cooperative agreements are voluntary unless otherwise agreed.
Donations or negotiated agreements are the primary tools used on private land.
Existing rights preserved
Existing uses, contracts, and legal rights cannot be revoked without owner consent.
Grazing, agriculture, and other established uses may continue.
Property values often remain stable or increase
The Compendium notes that studies indicate property values on designated rivers typically remain stable or rise, often tied to protected scenery and water quality.
Protection against incompatible development nearby
Limits on federally assisted water projects can prevent future developments that might negatively affect private land values or river enjoyment.
Local government role preserved
Counties and municipalities retain zoning authority.
Local land-use controls can satisfy river protection requirements and limit federal involvement.
CONS: Limitations, Risks, or Trade-offs
Federal land acquisition authority still exists
For congressionally designated rivers, the federal government may acquire land or interests in land within limits set by the Act.
Acquisition may occur through purchase, exchange, or donation, though condemnation is restricted.
Heightened scrutiny for federally assisted actions
Activities requiring federal permits, funding, or approvals may be reviewed for consistency with river protection goals.
This can add time or complexity to certain projects.
Corridor boundaries may include private land
River boundaries can extend up to an average of 320 acres per river mile.
Inclusion in the corridor does not regulate use but does place the property within a federal planning area.
Pressure on local zoning
Local governments may feel pressure to adopt or maintain zoning standards that protect river values.
Failure to do so could increase the likelihood of federal involvement.
Uncertainty during planning period
Following designation, management planning and boundary finalization may create temporary uncertainty for landowners.
Long-term outcomes depend on plan contents and local participation.
Perception and market effects
While values often remain stable or increase, some buyers or lenders may perceive designation as a constraint, even if actual restrictions are limited.