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69th Legislature 2025 SB0214.2
- 1 - Authorized Print Version – SB 214
1 SENATE BILL NO. 214
2 INTRODUCED BY G. HERTZ
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING ZONING LAWS; PROVIDING THAT THE FREE USE
5 OF PROPERTY MUST BE FAVORED IN CASES INVOLVING AN INTERPRETATION OF USE OR
6 WHETHER A NONCONFORMING USE OF LAND IS ALLOWED AND THERE IS AMBIGUITY AS TO THE
7 USE OR PRIOR USE; REMOVING THE EXCEPTION THAT HISTORIC PRESERVATION BOARDS MAY
8 REVIEW APPLICATIONS FOR ZONING PERMITS AND VARIANCES; AND AMENDING SECTIONS 76-2-
9 105, 76-2-113, 76-2-208, 76-2-210, 76-2-302, 76-2-308, AND 76-25-301, MCA; AND PROVIDING AN
10 IMMEDIATE EFFECTIVE DATE.”
11
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
13
14 Section 76-2-105, MCA, is amended to read:
15 "76-2-105. (1) Existing or prior nonconforming uses
16 may be continued although not in conformity with such the zoning regulations T REGULATIONS MUST
17
18, BUT THE BOARD OF COUNTY COMMISSIONERS
19
20 LAND OR BUILDINGS AFTER THE ADOPTION OF A ZONING REGULATION OR AMENDMENT.
21 (2) Any ambiguity or uncertainty IN THE ZONING REGULATIONS as to whether a nonconforming use is
22 allowed or whether the use was allowed when it was commenced must be interpreted in favor of the free use of
23 property NONCONFORMING USE."
24
25 Section 76-2-113, MCA, is amended to read:
26 "76-2-113.
27 erected, constructed, reconstructed, altered, repaired, converted, or maintained or if any building, structure, or
28 land is used in violation of this part or of any resolution adopted under this part, the county, in addition to other - 2025
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1 remedies, may take any appropriate action or begin proceedings to:
2 (1)(a) prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion,
3 maintenance, or use;
4 (2)(b) restrain, correct, or abate a violation;
5 (3)(c) prevent the occupancy of a building, structure, or land; or
6 (4)(d) prevent any illegal act, conduct, business, or use in or near the premises.
7 (2) In interpreting a use and in determining whether a use violates this part or a resolution adopted
8 under this part, any ambiguity or uncertainty ZONING as to whether the use is in violation
9 must be interpreted in favor of the free use of property ."
10
11 Section 76-2-208, MCA, is amended to read:
12 "76-2-208. (1) Any lawful use which is made of land or
13 buildings at the time or prior to the time any a zoning resolution is adopted by the board of county
14 commissioners may be continued although such the use does not conform to the provisions of such the
15 resolution THE ZONING REGULATIONS MUST ALLOW FOR THE NONCONFORMING USE OF LAND OR BUILDINGS LEGAL AT
16, BUT
17
18
19.
20 (2) Any ambiguity or uncertainty IN THE ZONING as to whether a nonconforming use is
21 allowed or whether the use was allowed when it was commenced must be interpreted in favor of the free
22 use of property."
23
24 Section 76-2-210, MCA, is amended to read:
25 "76-2-210.
26 erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or
27 land is used in violation of this part or of any resolution adopted under this part, the county, in addition to other
28 remedies, may institute any appropriate action or proceedings to: - 2025
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- 3 - Authorized Print Version – SB 214 1 (a) prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion,
2 maintenance, or use;
3 (b) restrain, correct, or abate a violation;
4 (c) prevent the occupancy of the building, structure, or land; or
5 (d) prevent any illegal act, conduct, business, or use in or near the premises.
6 (2) In interpreting a use and in determining whether a use violates this part or a resolution adopted
7 under this part, any ambiguity or uncertainty ZONING as to whether the use is in violation
8 must be interpreted in favor of the free use of property IN QUESTION.
9 (2)(3) For the purposes of enforcing subsections (1)(a) through (1)(c), the county shall attempt to
10 obtain voluntary compliance at least 30 days before filing a complaint for a violation of this part that is subject to
11 the penalties under 76-2-211.
12 (3)(4) The board of county commissioners may appoint enforcing officers to supervise and enforce
13 the provisions of the zoning resolutions."
14
15 Section 76-2-302, MCA, is amended to read:
16 "76-2-302. (1) For the purposes of 76-2-301, the local city or town council or other
17 legislative body may divide the municipality into districts of the number, shape, and area as are considered best
18 suited to carry out the purposes of this part. Within the districts, it may regulate and restrict the erection,
19 construction, reconstruction, alteration, repair, or use of buildings, structures, or land, including the creation of
20 zoning districts that allow tiny dwelling units.
21 (2) All regulations must be uniform for each class or kind of buildings throughout each district, but
22 the regulations in one district may differ from those in other districts.
23 (3) In a proceeding for a permit or variance to place manufactured housing within a residential
24 zoning district, there is a rebuttable presumption that placement of a manufactured home will not adversely
25 affect property values of conventional housing.
26 (4) As used in this section, the following definitions apply:
27 (a) "Manufactured housing" means a single-family dwelling, built offsite in a factory, that is in
28 compliance with the applicable prevailing standards of the United States department of housing and urban - 2025
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1 development at the time of its production. A manufactured home does not include a mobile home or
2 housetrailer, as defined in 15-1-101.
3 (b) (i) "Tiny dwelling unit" means a residential dwelling unit that is 350 to 750 square feet, is on a
4 permanent foundation, and is used as a single-family dwelling for at least 45 days or longer.
5 (ii) Appendix Q, tiny houses, of the International Building Code as it was printed on January 1,
6 2023, may govern all other requirements of a tiny dwelling unit that is 350 to 750 square feet.
7 (5) This section may not be construed to limit conditions imposed in historic districts, local design
8 review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part
9 2. Local design review standards imposed by a local government must be clear, objective, and necessary to
10 protect public health or safety or to comply with federal law.
11 (6) Zoning regulations may not include a requirement to:
12 (a) pay a fee for the purpose of providing housing for specified income levels or at specified sale
13 prices; or
14 (b) dedicate real property for the purpose of providing housing for specified income levels or at
15 specified sale prices.
16 (7) A dedication of real property as prohibited in subsection (6)(b) includes a payment or other
17 contribution to a local housing authority or the reservation of real property for future development of housing for
18 specified income levels or specified sale prices.
19 (8) (a) Except as provided in subsection (8)(b), when When reviewing an application for a zoning
20 permit or variance from local design review standards, the determination of compliance with local design review
21 standards as provided in subsection (5) must be conducted by employees of the municipality, and the
22 municipality may not require review by an external board.
23 (b) Subsection (8)(a) does not apply to historic preservation boards reviewing an application for a
24 permit or variance to structures or districts that the local government has designated as historic or that are
25 listed on the national register of historic places as defined in the National Historic Preservation Act of 1966 as it
26 read on October 1, 2023."
27
28 Section 76-2-308, MCA, is amended to read: - 2025
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- 5 - Authorized Print Version – SB 214 1 "76-2-308. (1) The city or
2 town council or other legislative body may provide by ordinance for the enforcement of this part and of any a
3 regulation or ordinance made thereunder under the provisions of this part.
4 (2) In case any building or structure is erected, constructed, reconstructed, altered, repaired,
5 converted, or maintained or any building, structure, or land is used in violation of this part or of any ordinance or
6 other regulation made under authority conferred hereby by this part, the proper local authorities of the
7 municipality, in addition to other remedies, may institute any appropriate action or proceedings to:
8 (a) prevent such the unlawful erection, construction, reconstruction, alteration, repair, conversion,
9 maintenance, or use;
10 (b) to restrain, correct, or abate such a violation; to
11 (c) prevent the occupancy of such the building, structure, or land; or to
12 (d) prevent any illegal act, conduct, business, or use in or about such near the premises.
13 (3) In interpreting a use and in determining whether a use violates this part or a resolution adopted
14 under this part, any ambiguity or uncertainty IN THE ZONING REGULATIONS as to whether the use is in violation
15 must be interpreted in favor of the free use of property IN QUESTION."
16
17 NEW SECTION. Section 7. (1) The zoning regulations must
18 allow for the nonconforming use of land or buildings legal at the time or prior to the time that a zoning regulation
19 or amendment to the regulation is adopted, but the local government may provide grounds for discontinuing
20 nonconforming uses based on changes to or abandonment of the use of the land or buildings after the adoption
21 of a zoning regulation or amendment.
22 (2) Any ambiguity or uncertainty IN THE ZONING as to whether a nonconforming use is
23 allowed or whether the use was allowed when it was commenced must be interpreted in favor of the free use of
24 property IN QUESTION.
25
26 Section 76-25-301, MCA, is amended to read:
27 "76-25-301. (1) (a) A local government subject to this
28 chapter, within its respective jurisdiction, has the authority to and shall regulate the use of land in substantial - 2025
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1 compliance with its adopted land use plan by adopting zoning regulations.
2 (b) The governing body of a county or city has the authority to adopt zoning regulations in
3 accordance with this part by an ordinance that substantially complies with 7-5-103 through 7-5-107.
4 (c) A municipality shall adopt zoning regulations for the portions of the jurisdictional area outside of
5 the boundaries of the municipality that the governing body anticipates may be annexed into the municipality
6 over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, zoning regulations on
7 property outside the municipal boundaries may not apply or be enforced until those areas are annexed or are
8 being annexed into the municipality.
9 (2) Local zoning regulations authorized in subsection (1) include but are not limited to ordinances
10 prescribing the:
11 (a) uses of land;
12 (b) density of uses;
13 (c) types of uses;
14 (d) size, character, number, form, and mass of structures; and
15 (e) development standards mitigating the impacts of development, as identified and analyzed
16 during the land use planning process and review and adoption of zoning regulations pursuant to this chapter.
17 (3) The local government shall incorporate any existing zoning regulations adopted pursuant to
18 Title 76, chapter 2, into the zoning regulations meeting the requirements of this chapter.
19 (4) The local government shall adopt a zoning map for the jurisdiction in substantial compliance
20 with the land use plan and future land use map and the zoning regulations adopted pursuant to this section,
21 graphically illustrating the zone or zones that a property within the jurisdiction is subject to.
22 (5) The local government may provide for the issuance of permits as may be necessary for the
23 implementation of this chapter.
24 (6) (a) The zoning regulations and map must identify areas that may necessitate the denial of a
25 development or a specific type of development, such as unmitigable natural hazards, insufficient water supply,
26 inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds
27 for the supply of the services.
28 (b) The regulations must prohibit development in the areas identified in subsection (6)(a) unless - 2025
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1 the hazards or impacts may be eliminated or overcome by approved construction techniques or other mitigation
2 measures identified in the zoning regulations.
3 (c) Approved construction techniques or other mitigation measures described in subsection (6)(b)
4 may not include building regulations as defined in 50-60-101 other than those identified by the department of
5 labor and industry as provided in 50-60-901.
6 (7) The zoning regulations and map must mitigate the hazards created by development in areas
7 located within the floodway of a flood of 100-year frequency, as defined by Title 76, chapter 5, or determined to
8 be subject to flooding by the governing body. If the hazards cannot be mitigated, the zoning regulations and
9 map must identify those areas where future development is limited or prohibited.
10 (8) (a) The zoning regulations must allow for the continued use of land or buildings legal at the
11 time that any zoning regulation, map, or amendment thereto of these is adopted, but the local government may
12 provide grounds for discontinuing nonconforming uses based on changes to or abandonment of the use of the
13 land or buildings after the adoption of a zoning regulation, map, or amendment.
14 (b) Any ambiguity or uncertainty of IN THE ZONING REGULATIONS AS TO whether a nonconforming use
15 is allowed or whether the use was allowed when it was commenced must be interpreted in favor of the free
16use of property.
17 (9) In interpreting a use and in determining whether a use violates this chapter or a resolution
18 adopted under this chapter, any ambiguity or uncertainty ZONING as to whether the use is in
19 violation must be interpreted in favor of the free use of property
20
21 NEW SECTION. Section 9. [Section 7] is intended to be codified as an
22 integral part of Title 76, chapter 2, part 3, and the provisions of Title 76, chapter 2, part 3, apply to [section 7].
23
24 NEW SECTION. SECTION 10. FFECTIVE DATE. [THIS ACT].
25
26 - END -