Montana 2023 Regular Session

Montana Senate Bill SB528

Introduced
3/22/23  
Refer
3/24/23  
Engrossed
4/4/23  
Refer
4/5/23  
Enrolled
5/2/23  

Caption

Revise zoning laws related to ADUs

Impact

The legislation is expected to have a significant impact on local housing policies by preventing municipalities from imposing restrictive requirements on ADUs, such as additional parking, design matching, or familial occupancy relationships. These changes strive to streamline the process for homeowners wishing to create ADUs, promoting housing density and enabling families to maximize space in existing homes. The bill effectively prohibits municipalities from enacting regulations that could hinder the development of these units, reflecting a shift towards a more permissive state-level approach to housing.

Summary

Senate Bill 528 aims to revise municipal zoning laws to permit the creation of accessory dwelling units (ADUs) within municipalities in Montana. The bill mandates that municipalities adopt regulations allowing at least one ADU by right on parcels with existing single-family dwellings. These units can either be attached, detached, or internal, with various size restrictions detailed in the bill. This initiative is viewed as a response to the growing demand for housing and aims to increase affordable housing options in urban areas.

Sentiment

The sentiment around SB 528 appears to be largely supportive among proponents of affordable housing and housing diversity. Advocates argue that the bill provides a vital avenue for increasing the housing supply, particularly in areas facing housing crises. However, there are concerns from local government representatives who feel that the bill may overreach, as it limits their ability to regulate land use effectively. This has sparked a debate around local control versus state-level mandates in zoning policies.

Contention

Notable contention arises from the balance between facilitating housing development and maintaining local governance authority. Opponents of the bill express fears that it undermines the ability of municipalities to manage growth according to specific local needs, potentially leading to conflicts with existing land-use policies. Additionally, the absence of stringent regulations on ADUs may lead to challenges in community planning and services, making it a topic of heated discussion among legislators and stakeholders alike. Overall, the passage of SB 528 represents a significant regulatory shift intended to increase housing availability amidst ongoing urban development challenges.

Companion Bills

No companion bills found.

Previously Filed As

MT SB379

Revise zoning laws

MT SB532

Revise county zoning to allow accessory dwelling units

MT HB337

Revise municipal zoning laws to prohibit certain minimum lot sizes

MT SB266

Revise municipal zoning to allow for triplex and fourplex housing

MT HB492

Revise municipal zoning laws related to parking requirements

MT SB407

Revise municipal zoning laws

MT SB336

Revise laws related to short-term rentals

MT SB252

Revise land use laws related to manufactured and factory built homes

MT S2630

Amends several sections of law relating to zoning ordinances to provide uniform zoning standards for accessory dwelling units.

MT S2998

Amends several sections of law relating to zoning ordinances to provide uniform zoning standards for accessory dwelling units.

Similar Bills

CA AB916

Zoning: bedroom addition.

CA AB1154

Junior accessory dwelling units.

CA SB13

Accessory dwelling units.

CA AB68

Land use: accessory dwelling units.

CA SB773

Emergencies: State 911 Advisory Board.

CA AB881

Accessory dwelling units.

CA AB1033

Accessory dwelling units: local ordinances: separate sale or conveyance.

CA SB897

Accessory dwelling units: junior accessory dwelling units.