Montana 2023 Regular Session

Montana Senate Bill SB379

Introduced
2/16/23  
Refer
2/17/23  
Engrossed
3/3/23  

Caption

Revise zoning laws

Impact

The proposed adjustments in SB 379 modify existing statutory frameworks regarding municipal zoning regulations, effectively reducing local government control over zoning matters. Proponents argue that these changes are essential for addressing housing shortages in Montana, as they encourage increased construction of accessory dwelling units, thereby contributing to more affordable housing options. On the other hand, these changes provoke concerns among local officials who argue that stripping away municipal zoning authority may lead to haphazard development and undermine community standards while complicating efforts to manage growth effectively.

Summary

Senate Bill 379 aims to revise Montana's zoning laws by implementing limitations on local governments' authority to set certain regulations related to lot sizes, dwelling setbacks, and accessory dwelling units. The bill prohibits municipalities from establishing minimum lot sizes that extend more than one mile beyond their city boundaries and restricts local regulations from imposing larger lot sizes for accessory dwelling units serviced by municipal water and sewer systems. Moreover, the bill mandates that manufactured housing be treated similarly to conventional housing in zoning considerations, promoting equal treatment within residential areas. The immediate effect of this legislation could facilitate the construction and occupancy of accessory dwelling units throughout the state.

Sentiment

The sentiment surrounding SB 379 appears to be polarized among stakeholders. Supporters praise the bill for its potential to alleviate housing shortages and simplify zoning regulations, viewing it as a necessary reform to enhance living conditions statewide. Conversely, opponents express significant concerns about the implications for local governance and community planning, fearing that the bill undermines local autonomy and may harm the character of neighborhoods. The debates thus reveal a contentious dialogue between state-level mandates and local control, an ongoing theme in legislative sessions regarding housing and development.

Contention

Key points of contention reside in the debate over local governance versus state-imposed regulation. Local governments argue that certain regulations are vital to maintaining the quality of community life and ensuring that new developments align with existing zoning policies. By prohibiting larger lot size requirements and offering blanket regulations for manufactured housing, SB 379 may inadvertently spark challenges in maintaining the unique character and safety of neighborhoods. The bill also raises questions about the adequacy of infrastructure and services in accommodating the proposed changes, especially in rapidly growing areas, fueling tensions between different community interests.

Companion Bills

No companion bills found.

Previously Filed As

MT HB889

Revise local growth policy and county zoning laws

MT SB528

Revise zoning laws related to ADUs

MT HB337

Revise municipal zoning laws to prohibit certain minimum lot sizes

MT SB407

Revise municipal zoning laws

MT SB285

Revise subdivision sanitation laws

MT HB492

Revise municipal zoning laws related to parking requirements

MT SB121

Revise the land use and planning act

MT SB268

Generally revise short-term rental laws

MT SB505

Generally revise zoning laws to prohibit the construction of wind generation facilities.

MT HB483

Generally revise land survey laws

Similar Bills

CA SB9

Accessory Dwelling Units: ordinances.

CA AB2890

Land use: accessory dwelling units.

CA SB1469

Land use: accessory dwelling units.

CA AB2221

Accessory dwelling units.

CA AB68

Land use: accessory dwelling units.

CA SB477

Accessory dwelling units.

CA AB345

Accessory dwelling units: separate conveyance.

CA SB229

Accessory dwelling units.