Montana 2023 Regular Session

Montana Senate Bill SB143

Introduced
1/9/23  
Refer
1/9/23  
Engrossed
1/26/23  
Refer
2/17/23  
Enrolled
4/14/23  

Caption

Allow for a referendum to terminate citizen initiated zoning district

Impact

The bill modifies existing laws surrounding the establishment and dissolution of zoning districts. By providing the option for residents to vote on the continuation of a zoning district, it emphasizes the importance of local governance and community input. However, the bill also eliminates certain protest provisions that have been deemed invalid by district courts, which could affect the dynamics of how zoning laws are challenged or changed in the future. This change aims to streamline the process of determining community standards and needs regarding zoning.

Summary

Senate Bill 143 (SB143) seeks to provide a mechanism for terminating citizen-initiated zoning districts in Montana through a referendum process. This legislation empowers real property owners within a zoning district to petition for a vote to dissolve the district, requiring the support of at least 20% of property owners. If the referendum passes, the zoning district may be dissolved, while if it fails, residents must wait three years before attempting another referendum. This approach aims to address concerns regarding citizen control over local zoning laws and their evolving needs.

Sentiment

The reception of SB143 has been mixed, with some viewing it as a necessary step to foster local democracy and give community members a voice in their zoning regulations. Supporters argue that enabling a referendum is a transparent and accountable method for managing local land use and zoning affairs. Conversely, critics express concerns that the bill may undermine established zoning districts, particularly if a vocal minority can instigate a referendum, potentially leading to instability in neighborhood planning and development.

Contention

Notable points of contention center around the balance of power between local property owners and established zoning authorities. Detractors worry that frequent referendums could lead to frequent disruptions in local planning, making it more challenging to implement long-term development projects. The removal of protest provisions has also sparked debate about the rights of individuals versus community interests, raising questions about how these changes will ultimately affect the effectiveness of local governance and property management in Montana.

Companion Bills

No companion bills found.

Previously Filed As

MT HB614

Allow for the termination of certain county zoning districts

MT SB336

Allow for the creation of ambulance districts

MT HB0372

Local School District Referendum Amendments

MT HB4995

TIF DISTRICTS-REFERENDUM

MT HB1142

TIF DISTRICTS-REFERENDUM

MT SB0159

UTILITY-TERMINATION/REFERENDUM

MT HCR2041

Initiative; referendum; signatures; legislative districts...

MT SCR1015

Initiative; referendum; signatures; legislative districts

MT HCR2014

Initiative; referendum; signatures; legislative districts

MT SCR1025

Initiative; referendum; legislative districts; signatures

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