Railroad crossing: Legislature, Montana towns at odds with Burlington Northern Santa Fe

Montana towns and local governments are in conflict with Burlington Northern Santa Fe (BNSF) over its utility permitting process, citing exorbitant fees, long wait times, and inconsistent communication. The dispute involves cities like Thompson Falls and Colstrip, which face financial and timeline pressures when attempting to install water, sewage, and fiber optic lines near BNSF tracks. BNSF defends its process as necessary for safety and property protection, citing a 2024 record of 87% of permits being completed within 65 days. A legal battle has also emerged between BNSF and Intermountain Infrastructure Group (IIG), a fiber optic company, over alleged trespassing and retaliation for legislative support of HB 933, the Montana Railroad Crossing Clarity Act. The bill, which would have capped permit costs and established enforceable timelines, was opposed by BNSF on constitutional grounds and ultimately voted down. Legislators, including Sen. Daniel Zolnikov and Rep. Neil Duram, continue to push for reform, with some suggesting tax increases as a last resort.