Montana 2023 Regular Session

Montana House Bill HB748

Introduced
2/21/23  
Refer
2/22/23  
Engrossed
3/3/23  
Refer
3/13/23  
Enrolled
4/20/23  

Caption

Allow zoning for separation of incompatible uses of property

Impact

The bill impacts existing statutes by amending laws to provide clearer guidelines for establishing zoning regulations. By authorizing boards of county commissioners to create interim zoning districts and regulations during emergencies, it facilitates a faster response to pressing public health or safety issues. Additionally, it ensures that local authorities have adequate tools to manage land use in a way that supports sustainable community growth and development while addressing concerns unique to their jurisdictions.

Summary

House Bill 748 introduces revisions to county and municipal zoning regulations in Montana, allowing for the separation of incompatible uses of property. This change is intended to enhance public health, safety, and general welfare by empowering county commissioners and local governing bodies to regulate land usage more effectively. The bill aims to promote orderly development while reducing conflicts between differing property types and uses, such as residential areas adjacent to industrial zones.

Sentiment

The sentiment around HB 748 appears to be generally positive among supporters who view it as a necessary update to existing zoning laws that will improve community planning and public safety. They argue that the ability to separate incompatible uses is vital for maintaining the quality of life in urban and suburban areas. However, some members of the community express concerns about potential overreach from local governments, fearing that too much regulation could stifle personal property rights and development.

Contention

As the bill progresses through the legislative process, there are notable points of contention regarding the balance of power between state and local governance in land use decisions. Some critics argue that local governments should retain broader discretion to address specific community needs, while proponents maintain that standardized regulations are necessary for ensuring safety and coherence in urban planning. The debate highlights the ongoing tension between regulatory oversight and individual property rights.

Companion Bills

No companion bills found.

Previously Filed As

MT SB379

Revise zoning laws

MT HB246

Allow for the zoning of tiny dwelling units

MT SB143

Allow for a referendum to terminate citizen initiated zoning district

MT SB214

Revise zoning laws to clarify decisions regarding prior nonconforming use of property

MT SB548

Eliminate government entity property tax levy limitations

MT SB382

Create the Montana Land Use Planning Act

MT SB245

Revise municipal zoning to allow multifamily and mixed use development

MT SB323

Allow for duplex, triplex, and fourplex housing in city zoning

MT HB889

Revise local growth policy and county zoning laws

MT HB364

Allow for independent subdivision reviews for past due applications

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