Mont. Code Ann. § 76-4-126 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-126
76-4-126 Right to hearing
Status: in_force

76-4-126 . Right to hearing. (1) Upon a denial of approval of subdivision plans and specifications relating to environmental health facilities, the person who is aggrieved by the denial may request a hearing before the board. A hearing request must be filed, in writing, within 30 days after receipt of the notice of denial and must state the reason for the request. The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.

(2) If the grounds for a denial of approval under this part include noncompliance with local laws or regulations other than those adopting, pursuant to 50-2-116 , state minimum standards for the control and disposal of sewage, the board shall upon receipt of a hearing request refer the local compliance issues to the appropriate local authority. After opportunity for a hearing, the local authority shall issue a determination regarding the local compliance issues, and the board shall incorporate the determination of the local authority in the board's final decision.
Mont. Code Ann. § 76-15-721 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-721
76-15-721 Board of adjustment
Status: in_force

76-15-721 . Board of adjustment. (1) A board of adjustment consisting of three members must be appointed to decide a petition for variance pursuant to 76-15-723 .

(2) (a) (i) On filing of a petition pursuant to 76-15-723 , the department shall appoint members to the board of adjustment, subject to the approval of the district supervisors.

(ii) After a board is appointed pursuant to subsection (2)(a)(i), that board serves until it reaches a final decision on the petition.

(b) The members may be removed by the department, on notice and hearing, only for neglect of duty or malfeasance in office. The hearing must be conducted jointly by the department and the supervisors of the district.

(c) Employees of the department and the supervisors of the district are ineligible to appointment as members of the board of adjustment.

(3) Vacancies in the board of adjustment must be filled in the same manner as original appointments.

(4) The members of the board of adjustment receive compensation for their services at the rate of $25 a day for time spent on the work of the board in addition to expenses, including travel expenses, as provided for in 2-18-501 through 2-18-503 , necessarily incurred in the discharge of their duties. The supervisors shall pay the necessary administrative and other expenses of operation incurred by the board upon the certificate of the presiding officer of the board.
Mont. Code Ann. § 76-8-107 — MT Code / Title 76 / Chapter 8 / Part 1 / Section 76-8-107
76-8-107 Buildings for lease or rent -- four or more buildings -- regulations
Status: in_force

76-8-107 . Buildings for lease or rent -- four or more buildings -- regulations. (1) A governing body shall adopt regulations for the administration and enforcement of the creation of four or more buildings for lease or rent on a single tract.

(2) The regulations adopted pursuant to this section must, at a minimum:

(a) list the materials that must be included in an application for the creation of four or more buildings for lease or rent;

(b) require a description of:

(i) property boundaries;

(ii) onsite and adjacent offsite streets, roads, and easements;

(iii) geographic features;

(iv) existing septic tanks and drainfields;

(v) existing wells; and

(vi) existing and proposed buildings;

(c) require adequate water supply and sewage and solid waste disposal facilities;

(d) require an assessment of potential significant impacts on the surrounding physical environment and human population in the area to be affected, including conditions, if any, that may be imposed on the proposal to avoid or minimize potential significant impacts identified;

(e) require adequate emergency medical, fire protection, and law enforcement services;

(f) require access to the site;

(g) comply with applicable flood plain requirements; and

(h) comply with an adopted growth policy.

(3) (a) Prior to adopting regulations pursuant to this section, the governing body shall provide an opportunity for public hearing and comment on the proposed regulations. Notice of the public hearing must be published:

(i) as provided in 7-1-2121 if the governing body is a county commission and posted not less than 30 days before the public hearing in at least five public places, including but not limited to public buildings; or

(ii) as provided in 7-1-4127 if the governing body is a city commission or a town council.

(b) Public comment must be addressed before the regulations are adopted.
Mont. Code Ann. § 76-16-322 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-322
76-16-322 Fence-out requirement
Status: in_force

76-16-322 . Fence-out requirement. Farming lands lying within the external boundaries of a state district must be protected by the owner or lessee to the extent of a legal fence as described in 81-4-101 . The state district or its members are not liable for damages unless the farming lands are protected by a sufficient fence as described in this section.
Mont. Code Ann. § 76-13-110 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-110
76-13-110 Owner's right to department hearing
Status: in_force

76-13-110 . Owner's right to department hearing. (1) An owner of forest land is entitled to a hearing before the department, after a request for a hearing, on any subject pertaining to the activities of the department or any recognized agency as agent of the department affecting the owner's property. A request for a hearing before the department may not have the effect of suspending the operations of the department or any agent of the department undertaken pursuant to this chapter, but upon the hearing, the department may terminate those operations if found unreasonable.

(2) A hearing pertaining to costs charged against the forest land of an owner for protection, as provided in 76-13-201 , must be requested on or before August 15 each year.
Mont. Code Ann. § 76-5-1113 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1113
76-5-1113 Special assessments for operation and maintenance authorized
Status: in_force

76-5-1113 . Special assessments for operation and maintenance authorized. (1) Any city, town, or county that shall establish a water conservation or flood control system, or both, pursuant to this part may for the purpose of providing funds for the operation and maintenance thereof levy an annual special assessment against all real property in the area benefiting from such system.

(2) Such special assessments for the operation and maintenance of any system authorized by this part shall be levied as are other special improvement levies as required by law.
Mont. Code Ann. § 76-3-501 — MT Code / Title 76 / Chapter 3 / Part 5 / Section 76-3-501
76-3-501 Local subdivision regulations
Status: in_force

76-3-501 . Local subdivision regulations. (1) The governing body of every county, city, and town shall adopt and provide for the enforcement and administration of subdivision regulations reasonably providing for:

(a) the orderly development of their jurisdictional areas;

(b) the coordination of roads within subdivided land with other roads, both existing and planned;

(c) the dedication of land for roadways and for public utility easements;

(d) the improvement of roads;

(e) the provision of adequate open spaces for travel, light, air, and recreation;

(f) the provision of adequate transportation, water, and drainage;

(g) subject to the provisions of 76-3-511 , the regulation of sanitary facilities;

(h) the avoidance or minimization of congestion; and

(i) the avoidance of subdivisions that would involve unnecessary environmental degradation and danger of injury to health, safety, or welfare by reason of natural hazard, including but not limited to fire and wildland fire, or the lack of water, drainage, access, transportation, or other public services or that would necessitate an excessive expenditure of public funds for the supply of the services.

(2) Any action that is not specifically prohibited in the conditions of subdivision approval is specifically allowed or is otherwise subject to additional restrictions that may be provided in the governing documents of the subdivision and applicable zoning regulations.

(3) If a local government has historically interpreted and enforced or chosen not to enforce a condition of subdivision approval to the benefit of a parcel owner, the local government may not undertake a different interpretation or enforcement action against a similarly situated parcel owner in the same subdivision.

(4) A review and decision made by a governing body under the authority of this chapter:

(a) relates specifically and only to the criteria for review and authority provided in this chapter; and

(b) is not constrained, influenced, or restricted by a decision made by a state agency or entity acting under other lawful authority.
Mont. Code Ann. § 76-15-724 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-724
76-15-724 Hearing on petition for a variance
Status: in_force

76-15-724 . Hearing on petition for a variance. (1) The board of adjustment shall fix a time for the hearing of the petition and cause due notice of the hearing to be given.

(2) The supervisors of the district and the department are entitled to appear and be heard at the hearing. A qualified elector within the district who objects to the authorizing of the variance prayed for may intervene and become a party to the proceedings. A party to the hearing before the board may appear in person, by agent, or by attorney.
Mont. Code Ann. § 76-4-104 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-104
76-4-104 Rules for administration and enforcement
Status: in_force

76-4-104 . Rules for administration and enforcement. (1) The department shall, subject to the provisions of 76-4-135 , adopt reasonable rules, including adoption of sanitary standards, necessary for administration and enforcement of this part.

(2) The rules and standards must provide the basis for approving subdivisions for various types of public and private water supplies, sewage disposal facilities, storm water drainage ways, and solid waste disposal. The rules and standards must be related to:

(a) size of lots;

(b) contour of land;

(c) porosity of soil;

(d) ground water level;

(e) distance from lakes, streams, and wells;

(f) type and construction of private water and sewage facilities; and

(g) other factors affecting public health and the quality of water for uses relating to agriculture, industry, recreation, and wildlife.

(3) The storm drainage review requirements of this chapter do not apply to divisions or parcels of land that are exempt from review under 76-3-207 (1)(a), (1)(d), (1)(e), or (1)(f) that:

(a) are used for a single-family residential purpose; and

(b) include no more than 25% that is impervious.

(4) (a) Except as provided in subsection (4)(b), the rules must provide for the review of subdivisions consistent with 76-4-114 by a local department or board of health, as described in Title 50, chapter 2, part 1, if the local department or board of health employs a registered sanitarian or a registered professional engineer and if the department certifies under subsection (5) that the local department or board is competent to conduct the review.

(b) (i) Except as provided in 75-6-121 and subsection (4)(b)(ii) of this section, a local department or board of health may not review public water supply systems, public sewage systems, or extensions of or connections to these systems.

(ii) A local department or board of health may be certified by the department to review subdivisions proposed to connect to existing municipal or county water and/or sewer district water and wastewater systems previously approved by the department if no extension of the systems is required.

(5) (a) The department shall also adopt standards and procedures for certification and maintaining certification to ensure that a local department, local board of health, or independent reviewer is competent to review the subdivisions as described in subsection (4).

(b) On or before December 31, 2023, the department shall develop procedures for certification of prequalified independent reviewers and develop a training curriculum to ensure compliance with this part.

(6) The department shall review those subdivisions described in subsection (4) if:

(a) a proposed subdivision lies within more than one jurisdictional area and the respective governing bodies are in disagreement concerning approval of or conditions to be imposed on the proposed subdivision; or

(b) the local department or board of health elects not to be certified.

(7) The rules must further provide for:

(a) providing the reviewing authority with a copy of the plat or certificate of survey subject to review under this part and other documentation showing the layout or plan of development, including:

(i) total development area; and

(ii) total number of proposed units and structures requiring facilities for water supply or sewage disposal;

(b) adequate evidence that a water supply that is sufficient in terms of physical quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed;

(c) evidence concerning the potability of the proposed water supply for the subdivision;

(d) adequate evidence that a sewage disposal facility is sufficient in terms of capacity and dependability;

(e) standards and technical procedures applicable to storm drainage plans and related designs, in order to ensure proper drainage ways, except that the rules must provide a basis for not requiring storm water review under this part for parcels 5 acres and larger on which the total impervious area does not and will not exceed 5%. Nothing in this section relieves any person of the duty to comply with the requirements of Title 75, chapter 5, or rules adopted pursuant to Title 75, chapter 5.

(f) standards and technical procedures applicable to sanitary sewer plans and designs, including soil testing and site design standards for on-lot sewage disposal systems when applicable;

(g) standards and technical procedures applicable to water systems;

(h) standards and technical procedures applicable to solid waste disposal;

(i) adequate evidence that a proposed drainfield mixing zone and a proposed well isolation zone are located wholly within the boundaries of the proposed subdivision where the proposed drainfield or well is located or that an easement or, for public land, other authorization has been obtained from the landowner to place the proposed drainfield mixing zone or proposed well isolation zone outside the boundaries of the proposed subdivision where the proposed drainfield or proposed well is located.

(i) A proposed drainfield mixing zone or a proposed well isolation zone for an individual water system well that is a minimum of 50 feet inside the subdivision boundary may extend outside the boundaries of the subdivision onto adjoining land that is dedicated for use as a right-of-way for roads, railroads, or utilities.

(ii) This subsection (7)(i) does not apply to the divisions provided for in 76-3-207 except those under 76-3-207 (1)(b). Nothing in this section is intended to prohibit the extension, construction, or reconstruction of or other improvements to a public sewage system within a well isolation zone that extends onto land that is dedicated for use as a right-of-way for roads, railroads, or utilities.

(j) criteria for granting waivers and deviations from the standards and technical procedures adopted under subsections (7)(e) through (7)(i);

(k) evidence to establish that, if a public water supply system or a public sewage system is proposed, provision has been made for the system and, if other methods of water supply or sewage disposal are proposed, evidence that the systems will comply with state and local laws and regulations that are in effect at the time of submission of the subdivision application under this chapter. Evidence that the systems will comply with local laws and regulations must be in the form of a certification from the local health department as provided by department rule.

(l) evidence to demonstrate that appropriate easements, covenants, agreements, and management entities have been established to ensure the protection of human health and state waters and to ensure the long-term operation and maintenance of water supply, storm water drainage, and sewage disposal facilities;

(m) eligibility requirements for municipalities and county water and/or sewer districts to qualify as a certifying authority under the provisions of 76-4-127 ;

(n) construction details for individual and shared onsite wastewater systems to be reviewed by the local board of health at the time of septic permitting, except that the reviewing authority may require additional construction detail if the wastewater is not residential strength;

(o) simplified methods for storm water reviews, including acceptable minimum storm water volumes based solely on impervious area for proposed lots with one or two single-family residences; and

(p) a basis for exempting from review facilities previously approved under this chapter or by a local reviewing authority of the facility is not proposed to be changed, is not affected by a proposed change to another facility, and meets the design conditions of its existing approval under this chapter or by the local authority and is operating properly. Existing systems must meet the current setbacks established in rule and subsection (7)(i), unless the lot was created before the relevant effective dates for mixing zones and isolation zones.

(8) The requirements of subsection (7)(i) regarding proposed drainfield mixing zones and proposed well isolation zones apply to all subdivisions or divisions excluded from review under 76-4-125 created after October 1, 2021, except as provided in subsections (7)(i)(i) and (7)(i)(ii).

(9) The department shall:

(a) conduct a biennial review of experimental wastewater system components that have been granted a waiver or deviation as provided in subsection (7)(j);

(b) utilize relevant analysis of wastewater system components approved in other states and data from peer-reviewed third-party studies to conduct the review provided in subsection (9)(a);

(c) propose those experimental wastewater system components that meet the purposes and provisions of this part for adoption into the rules pursuant to this section; and

(d) report to the local government interim committee biennially, in accordance with 5-11-210 , the number and type of experimental wastewater system components reviewed and the number and type of system components approved and provide written findings to explain why a system component was reviewed but not approved.

(10) Review and certification or denial of certification that a division of land is not subject to sanitary restrictions under this part may occur only under those rules in effect when a complete application is submitted to the reviewing authority, except that in cases in which current rules would preclude the use for which the lot was originally intended, the applicable requirements in effect at the time the lot was recorded must be applied. In the absence of specific requirements, minimum standards necessary to protect public health and water quality apply.

(11) The reviewing authority may not deny or condition a certificate of subdivision approval under this part unless it provides a written statement to the applicant detailing the circumstances of the denial or condition imposition. The statement must include:

(a) the reason for the denial or condition imposition;

(b) the evidence that justifies the denial or condition imposition; and

(c) information regarding the appeal process for the denial or condition imposition.

(12) (a) Subject to subsection (12)(b), the department may adopt rules that provide technical details and clarification regarding the water and sanitation information required to be submitted under 76-3-622 .

(b) A subdivider may locate a water well anywhere on a lot, parcel, or tract of record if the subdivider maintains the minimum setback distances adopted in rule. The reviewing authority may not limit a subdivider to a single proposed well location.

(13) (a) The rules must provide for the review of subdivisions consistent with 76-4-114 by an independent reviewer if the department certifies under subsection (5) of this section that the independent reviewer is competent to conduct the review.

(b) (i) Except as provided in subsection (13)(b)(ii), an independent reviewer may not review public water supply systems, public sewage systems, or extensions of or connections to these systems.

(ii) An independent reviewer may be certified by the department to review subdivisions proposed to connect to existing municipal or county water and/or sewer district water and wastewater systems previously approved by the department if no extension of the system is required.

(c) If 110 or more new files are submitted to the department for review in any 1 month, the department shall assign applications received in that month to independent reviewers unless an independent reviewer is not available.

(d) The department shall reimburse independent reviewers at the same rate the department reimburses local departments or local boards of health certified under subsection (4).

(14) Prior to being assigned an application for review, an independent reviewer shall identify any conflict of interest related to the project under potential review. If the independent reviewer identifies a conflict of interest, the application for review must be assigned to a different independent reviewer.

(15) An independent reviewer acting under the requirements of this chapter shall comply with the provisions of Title 2, chapter 6, for public information requests.

(16) An independent reviewer conducting reviews under this section shall complete documents necessary to complete the review and to comply with real property takings requirements in accordance with Title 70.
Mont. Code Ann. § 76-15-708 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-708
76-15-708 Power to determine compliance with regulations
Status: in_force

76-15-708 . Power to determine compliance with regulations. After a complaint shall have been filed with the supervisors charging a violation of the regulations, the supervisors shall have authority to go upon any lands within the district to determine whether land use regulations adopted under the provisions of 76-15-701 through 76-15-707 are being observed.
Mont. Code Ann. § 76-16-312 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-312
76-16-312 Impoundment of trespassing livestock
Status: in_force

76-16-312 . Impoundment of trespassing livestock. The state district or the party taking up such trespassing livestock may cause same to be impounded at any suitable place within the state district or within 5 miles from the exterior boundaries thereof, and such livestock shall be deemed legally impounded if placed in a corral or upon land enclosed by a legal fence or placed in charge of a herder or herders.
Mont. Code Ann. § 76-5-1112 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1112
76-5-1112 Sources of funds for cost of acquiring right-of-way and other costs
Status: in_force

76-5-1112 . Sources of funds for cost of acquiring right-of-way and other costs. (1) The council, board, or governing body shall have power to allocate a portion of the street or road fund, as the case may be, for the purpose of acquiring right-of-way or the operation and maintenance of completed projects.

(2) Cities, towns, and counties in furtherance of such water conservation and flood control projects may accept contributions to enable them to pay for necessary right-of-way.

(3) The council, board of county commissioners, or other governing body shall also have the authority to receive and accept appropriations and contributions from any source of either money or property or other things of value to be held, used, and applied for the purposes provided in this part.
Mont. Code Ann. § 76-25-101 — MT Code / Title 76 / Chapter 25 / Part 1 / Section 76-25-101
76-25-101 Short Title
Status: in_force

76-25-101 . Short Title. This chapter may be cited as the "Montana Land Use Planning Act".
Mont. Code Ann. § 76-25-301 — MT Code / Title 76 / Chapter 25 / Part 3 / Section 76-25-301
76-25-301 Authority to adopt local zoning regulations
Status: in_force

76-25-301 . Authority to adopt local zoning regulations. (1) (a) A local government subject to this chapter, within its respective jurisdiction, has the authority to and shall regulate the use of land in substantial compliance with its adopted land use plan by adopting zoning regulations.

(b) The governing body of a county or city has the authority to adopt zoning regulations in accordance with this part by an ordinance that substantially complies with 7-5-103 through 7-5-107 .

(c) (i) A municipality shall adopt zoning regulations for the portions of the jurisdictional area outside of the boundaries of the municipality that the governing body anticipates may be annexed into the municipality over the next 20 years.

(ii) Unless otherwise agreed to by the applicable jurisdictions, zoning regulations on property outside the municipal boundaries may not apply or be enforced until those areas are annexed or are being annexed into the municipality.

(iii) A municipality subject to this chapter may continue to apply, administer, and enforce extraterritorial zoning regulations pursuant to the provisions of 76-2-310 and 76-2-311 .

(2) Local zoning regulations authorized in subsection (1) include but are not limited to ordinances prescribing the:

(a) uses of land;

(b) density of uses;

(c) types of uses;

(d) size, character, number, form, and mass of structures; and

(e) development standards mitigating the impacts of development, as identified and analyzed during the land use planning process and review and adoption of zoning regulations pursuant to this chapter.

(3) The local government shall incorporate any existing zoning regulations adopted pursuant to Title 76, chapter 2, into the zoning regulations meeting the requirements of this chapter.

(4) The local government shall adopt a zoning map for the jurisdiction in substantial compliance with the land use plan and future land use map and the zoning regulations adopted pursuant to this section, graphically illustrating the zone or zones that a property within the jurisdiction is subject to.

(5) The local government may provide for the issuance of permits as may be necessary for the implementation of this chapter.

(6) (a) The zoning regulations and map must identify areas that may necessitate the denial of a development or a specific type of development, such as unmitigable natural hazards, insufficient water supply, inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds for the supply of the services.

(b) The regulations must prohibit development in the areas identified in subsection (6)(a) unless the hazards or impacts may be eliminated or overcome by approved construction techniques or other mitigation measures identified in the zoning regulations.

(c) Approved construction techniques or other mitigation measures described in subsection (6)(b) may not include building regulations as defined in 50-60-101 other than those identified by the department of labor and industry as provided in 50-60-901 .

(7) The zoning regulations and map must mitigate the hazards created by development in areas located within the floodway of a flood of 100-year frequency, as defined by Title 76, chapter 5, or determined to be subject to flooding by the governing body. If the hazards cannot be mitigated, the zoning regulations and map must identify those areas where future development is limited or prohibited.

(8) (a) The zoning regulations must allow for the continued use of land or buildings legal at the time that any zoning regulation, map, or amendment of these is adopted, but the local government may provide grounds for discontinuing nonconforming uses based on changes to or abandonment of the use of the land or buildings after the adoption of a zoning regulation, map, or amendment.

(b) Any ambiguity or uncertainty in the zoning regulations as to whether a nonconforming use is allowed or whether the use was allowed when it was commenced must be interpreted in favor of the nonconforming use.

(9) In interpreting a use and in determining whether a use violates this chapter or a resolution adopted under this chapter, any ambiguity or uncertainty in the zoning regulations as to whether the use is in violation must be interpreted in favor of the use in question.
Mont. Code Ann. § 76-9-101 — MT Code / Title 76 / Chapter 9 / Part 1 / Section 76-9-101
76-9-101 Policy
Status: in_force

76-9-101 . Policy. It is the policy of the state of Montana to provide for the health, safety, and welfare of the citizens of the state by promoting the safety and enjoyment of the shooting sports among the citizens of the state and by protecting the locations of and investment in shooting ranges for shotgun, archery, rifle, and pistol shooting.
Mont. Code Ann. § 76-25-102 — MT Code / Title 76 / Chapter 25 / Part 1 / Section 76-25-102
76-25-102 Legislative purpose, findings, and intent
Status: in_force

76-25-102 . Legislative purpose, findings, and intent. (1) It is the purpose of this chapter to promote the health, safety, and welfare of the people of Montana through a system of comprehensive planning that balances private property rights and values, public services and infrastructure, the human environment, natural resources, and recreation, and a diversified and sustainable economy.

(2) The legislature finds that coordinated and planned growth will encourage and support:

(a) sufficient housing units for the state's growing population that are attainable for citizens of all income levels;

(b) the provision of adequate public services and infrastructure in the most cost-effective manner possible, shared equitably among all residents, businesses, and industries;

(c) the natural environment, including wildlife and wildlife habitat, sufficient and clean water, and healthy air quality;

(d) agricultural, forestry, and mining lands for the production of food, fiber, and minerals and their economic benefits;

(e) the state's economy and tax base through job creation, business development, and the revitalization of established communities;

(f) persons, property, infrastructure, and the economy against natural hazards, such as flooding, earthquake, wildfire, and drought; and

(g) local consideration, participation, and review of plans for projected population changes and impacts resulting from those plans.

(3) It is the legislature's intent that the comprehensive planning authorized in this chapter:

(a) provides the broadest and most comprehensive level of collecting data, identifying and analyzing existing conditions and future opportunities and constraints, acknowledging and addressing the impacts of development on each jurisdiction, and providing for broad public participation;

(b) serves as the basis for implementing specific land use regulations that are in substantial compliance with the local land use plan;

(c) provides for local government approval of development proposals in substantial compliance with the land use plan, based on information, analysis, and public participation provided during the development and adoption of the land use plan and implementing regulations; and

(d) allows for streamlined administrative review decisionmaking for site-specific development applications.
Mont. Code Ann. § 76-15-502 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-502
76-15-502 Allocation of state funds among districts
Status: in_force

76-15-502 . Allocation of state funds among districts. (1) Unless otherwise provided by law, all money which may from time to time be appropriated out of the state treasury to pay the administrative and other expenses of conservation districts shall be allocated by the department among the districts already organized or to be organized during the ensuing biennial fiscal period.

(2) In making allocations of the money, the department shall retain an amount estimated by it to be adequate to enable it to make subsequent allocations in accordance with this section and 76-15-503 from time to time among districts which may be organized after the initial allocations are made but within the ensuing biennial fiscal period.
Mont. Code Ann. § 76-4-101 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-101
76-4-101 Public policy
Status: in_force

76-4-101 . Public policy. It is the public policy of this state to extend present laws controlling water supply, sewage disposal, and solid waste disposal to include individual wells affected by adjoining sewage disposal and individual sewage systems to protect the quality and potability of water for public water supplies and domestic uses and to protect the quality of water for other beneficial uses, including uses relating to agriculture, industry, recreation, and wildlife.
Mont. Code Ann. § 76-3-207 — MT Code / Title 76 / Chapter 3 / Part 2 / Section 76-3-207
76-3-207 Divisions or aggregations of land exempted from review but subject to survey requirements and zoning regulations -- exceptions -- fees for examination of division -- definitions
Status: in_force

76-3-207 . Divisions or aggregations of land exempted from review but subject to survey requirements and zoning regulations -- exceptions -- fees for examination of division -- definitions. (1) Except as provided in subsection (2), unless the method of disposition is adopted for the purpose of evading this chapter, the following divisions or aggregations of tracts of record of any size, regardless of the resulting size of any lot created by the division or aggregation, are not subdivisions under this chapter but are subject to the surveying requirements of 76-3-401 for divisions or aggregations of land other than subdivisions and are subject to applicable zoning regulations adopted under Title 76, chapter 2:

(a) divisions made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties;

(b) divisions made outside of platted subdivisions for the purpose of a single gift or sale in each county to each member of the landowner's immediate family;

(c) divisions made outside of platted subdivisions by gift, sale, or agreement to buy and sell in which the landowner enters into a covenant for the purposes of this chapter with the governing body that runs with the land and provides that the divided land will be used exclusively for agricultural purposes, subject to the provisions of 76-3-211 ;

(d) for five or fewer lots within a platted subdivision, the relocation of common boundaries;

(e) divisions made for the purpose of relocating a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas.

(f) aggregation of parcels or lots when a certificate of survey or subdivision plat shows that the boundaries of the original parcels have been eliminated and the boundaries of a larger aggregate parcel are established. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas.

(2) Notwithstanding the provisions of subsection (1):

(a) within a platted subdivision filed with the county clerk and recorder, a division, redesign, or rearrangement of lots that results in an increase in the number of lots or that redesigns or rearranges six or more lots must be reviewed and approved by the governing body before an amended plat may be filed with the county clerk and recorder;

(b) (i) a division within a platted subdivision is exempt from additional subdivision reviews and is subject to applicable zoning regulations adopted under Title 76, chapter 2, unless the method of disposition is adopted for the purpose of evading this chapter, if the division:

(A) is within a subdivision that has been approved by a local governing body;

(B) creates lots of a size allowed within the subdivision, whether imposed by the governing body or through a private covenant; and

(C) is gifted or sold to a member of the landowner's immediate family;

(ii) an amended plat must be filed with the county clerk and recorder after a division provided in subsection (2)(b)(i) occurs, and must comply with all standards established pursuant to 76-3-411 ; and

(iii) except as otherwise provided in this subsection (2)(b), a restriction or requirement on the platted subdivision continues to apply to a division allowed in subsection (2)(b)(i), whether imposed by the governing body or through a private covenant;

(c) a division of land exempted under subsection (1)(b) that is also located in a zoning district is allowed if each family transfer parcel created by the division and any remaining parcel are at least 5 acres, unless the zoning district allows for smaller lot sizes; and

(d) a division of land transferred to an immediate family member pursuant to subsection (1)(b) or (2)(b) may be transferred regardless of age and may be owned jointly with that immediate family member's spouse, but a transfer to a minor must comply with Title 72, chapter 26, part 6.

(3) (a) Subject to subsection (3)(b), a division of land may not be made under this section unless the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be divided have been paid.

(b) (i) If a division of land includes centrally assessed property and the property taxes applicable to the division of land are not specifically identified in the tax assessment, the department of revenue shall prorate the taxes applicable to the land being divided on a reasonable basis. The owner of the centrally assessed property shall ensure that the prorated real property taxes and special assessments are paid on the land being sold before the division of land is made.

(ii) The county treasurer may accept the amount of the tax prorated pursuant to this subsection (3)(b) as a partial payment of the total tax that is due.

(4) The governing body:

(a) shall examine a division or aggregation of land to determine whether or not the requirements of this chapter apply to the division or aggregation;

(b) may establish reasonable fees, not to exceed $400, for the examination;

(c) shall complete the examination and approve or deny the application for a division or aggregation of land under this section within 20 working days of the receipt of an application containing all materials and information required by the governing body to conduct its review under regulations adopted pursuant to 76-3-504 (1)(p) and subsection (5); and

(d) may not impose conditions on the approval of a division or aggregation of land under this section except for conditions necessary to ensure compliance with the survey requirements of Title 76, chapter 3, part 4.

(5) The attorney general shall prepare a form affidavit to be used by a governing body to conduct the examination required by this section. The application used by the governing body under subsection (4) must be accompanied by an affidavit from the applicant setting forth the applicant's intentions, including that the proposed use of an exemption is not for the purpose of evading this chapter. A governing body may not force an applicant to appear before the governing body during the examination period.

(6) (a) An immediate family member or the spouse of an immediate family member who receives a division of land pursuant to subsection (1)(b) or (2)(b) may not transfer or otherwise convey the division of land for a period of up to 2 years after the date of the division unless the governing body sets a period of less than 2 years.

(b) This subsection (6) does not preclude the recipient of a division of land pursuant to subsection (1)(b) or (2)(b) from conveying an interest in the land under a mortgage or trust indenture for the purpose of securing an obligation owed to another person or entity.

(c) The restriction in subsection (6)(a) does not apply to a transfer or conveyance of the land pursuant to a foreclosure sale or by deed in lieu of foreclosure. The restriction on transferring the land under subsection (6)(a) does not apply to a person or entity who acquires title to the division of land by purchase at a foreclosure sale or by deed in lieu of foreclosure. A person or entity who acquires title to the land by purchase at a foreclosure sale or by deed in lieu of foreclosure may freely transfer or convey the land.

(d) A governing body may authorize variances from these requirements to address hardship situations.

(7) (a) If, after initial approval, a governing body can prove by documented evidence in a court of competent jurisdiction that a person has knowingly evaded this chapter through the use of a division of land pursuant to subsection (1)(b) or (2)(b), the exclusive remedy available to the governing body is for the person to be subject to a civil penalty of $10,000 or an amount equal to 10% of the sales price if the division of land has been sold to a third party, whichever is greater, for each division of land, payable to the governing body.

(b) The governing body may not:

(i) impose a civil liability on the person or entity to whom the division of land or security interest in the land was conveyed pursuant to subsection (6)(b) or (6)(c);

(ii) impair or affect the validity or priority of a security interest in the division of land conveyed pursuant to subsection (6)(b); or

(iii) prohibit or impair the use of, the conveyance of an interest in, or the transfer of a division of land by a person or entity who acquires the division of land pursuant to subsection (6)(c).

(8) For the purposes of this section, the following definitions apply:

(a) (i) "Documented evidence" means written documents, photographs, video, microfilm, digital data, or affidavits.

(ii) The term does not include general observations, opinions, or oral statements unless they are made by the applicant.

(b) "Jointly" means as joint tenants or tenants in common.
Mont. Code Ann. § 76-13-908 — MT Code / Title 76 / Chapter 13 / Part 9 / Section 76-13-908
76-13-908 Department study of prescribed fire liability
Status: in_force

76-13-908 . Department study of prescribed fire liability. (1) The department shall conduct a study for the development of a prescribed fire claims fund.

(2) The study must examine:

(a) the use of the fund to support coverage for property damage from an escaped prescribed fire conducted by a certified prescribed fire manager; and

(b) economic damage from an escaped prescribed fire conducted by a certified prescribed fire manager, including loss of time, resources, crops, fencing, and agricultural improvements.
Mont. Code Ann. § 76-15-727 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-727
76-15-727 Court proceedings
Status: in_force

76-15-727 . Court proceedings. (1) Upon the filing, the court shall cause notice of the filing to be served upon the parties, and the court has jurisdiction of the proceedings and of the questions determined or to be determined in the proceedings, may grant temporary relief as it considers just and proper, and make and enter a decree enforcing, modifying and enforcing as modified, or setting aside, in whole or in part, the order of the board of adjustment.

(2) A contention that is not urged before the board of adjustment may not be considered by the court unless the failure or neglect to urge the contention is excused because of extraordinary circumstances. The findings of the board of adjustment as to the facts, if supported by evidence, are conclusive.

(3) If a party applies to the court for leave to produce additional evidence and shows to the satisfaction of the court that the evidence is material and that there are reasonable grounds for the failure to produce the evidence in the hearing before the board of adjustment, the court may order the additional evidence to be taken before the board of adjustment and to be made a part of the transcript. The board of adjustment may modify its findings as to the facts or make new findings, taking into consideration the additional evidence taken and filed, and it shall file the modified or new findings which, if supported by evidence, are conclusive and shall file with the court its recommendations, if any, for the modification or setting aside of its original order.

(4) The jurisdiction of the court is exclusive and its judgment and decree are final, except that they are subject to review in the same manner as are other judgments or decrees of the court.
Mont. Code Ann. § 76-9-203 — MT Code / Title 76 / Chapter 9 / Part 2 / Section 76-9-203
76-9-203 Montana state shooting facilities and improvements account
Status: in_force

76-9-203 . Montana state shooting facilities and improvements account. (1) There is a Montana state shooting facilities and improvements account in the state special revenue fund established in 17-2-102 . The account is administered by the department of fish, wildlife, and parks.

(2) Money transferred from a lawful source, including but not limited to gifts, grants, donations, securities, and other assets, public or private, may be deposited in the account.

(3) Money in the account may be used to develop a framework for the selection and location of state-supported shooting facilities, improvements in existing facilities, and funding mechanisms.

(4) Interest and income earned on the account and any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.
Mont. Code Ann. § 76-25-203 — MT Code / Title 76 / Chapter 25 / Part 2 / Section 76-25-203
76-25-203 Existing conditions and population projections
Status: in_force

76-25-203 . Existing conditions and population projections. (1) The land use plan must include, at a minimum, inventories and descriptions of existing conditions of housing, local services and facilities, economic development, natural resources, environment, and hazards, and land use within the jurisdictional boundaries of the land use plan.

(2) As set forth in 76-25-206 through 76-25-209 and 76-25-213 through 76-25-216 , the land use plan must include, at minimum, a description, map, and analysis of how the jurisdiction will accommodate its projected population over the next 20 years and the expected impacts of the development in the areas of housing, local services and facilities, economic development, natural resources, environment, and hazards.

(3) The inventories and descriptions in the plan must be based on up-to-date surveys, maps, diagrams, charts, descriptive material, studies, and reports necessary to explain and supplement the analysis of each section of the land use plan.

(4) (a) A jurisdiction shall use demographics provided by:

(i) the most recent decennial census or census estimate of the United States census bureau; and

(ii) population projections for a 20-year period based on permanent and seasonal population estimates:

(A) provided by demographics published by the department of commerce;

(B) generated by the local government; or

(C) produced by a professional firm specializing in projections.

(b) When a population projection is not available, population projections for the jurisdiction must be reflective of the area's proportional share of the total county population and the total county population growth.
Mont. Code Ann. § 76-2-113 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-113
76-2-113 Enforcement and interpretation of zoning provisions
Status: in_force

76-2-113 . Enforcement and interpretation of zoning provisions. (1) If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if any building, structure, or land is used in violation of this part or of any resolution adopted under this part, the county, in addition to other remedies, may take any appropriate action or begin proceedings to:

(a) prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;

(b) restrain, correct, or abate a violation;

(c) prevent the occupancy of a building, structure, or land; or

(d) prevent any illegal act, conduct, business, or use in or near the premises.

(2) In interpreting a use and in determining whether a use violates this part or a resolution adopted under this part, any ambiguity or uncertainty in the zoning regulations as to whether the use is in violation must be interpreted in favor of the use in question.
Mont. Code Ann. § 76-10-102 — MT Code / Title 76 / Chapter 10 / Part 1 / Section 76-10-102
76-10-102 Definitions
Status: in_force

76-10-102 . Definitions. As used in this part, the following definitions apply:

(1) "Buyer" means a person who purchases or acquires wildcrafted plant material, other than materials acquired directly from the property owner, for the purposes of resale.

(2) "Commercial purposes" means the harvest of wildcrafted plant material for the purpose of selling, trading, or otherwise exchanging the material for profit.

(3) "Landowner" means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users' association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property.

(4) "Other jurisdictional entity" means the federal government or a tribal government.

(5) "Person" includes an individual, partnership, association, corporation, and any other body or group of persons, whether incorporated or not and regardless of the degree of formal organization.

(6) "Property" means land, roads, water, watercourses, and private ways. The term includes any improvements, buildings, structures, machinery, and equipment on property.

(7) "Seller" means a person who sells wildcrafted plant material.

(8) "Transport" means the physical conveyance of wildcrafted plant material away from the site of wildcrafting and includes but is not limited to transportation by:

(a) a motor vehicle designed for use on improved roadways;

(b) a boat, barge, raft, or other water vessel; or

(c) an airplane, helicopter, balloon, or other aircraft.

(9) (a) "Wildcraft" means to collect, harvest, or separate by cutting, prying, picking, peeling, breaking, pulling, digging, splitting, or otherwise removing uncultivated plants or plant parts from their physical connection or point of contact with the ground or vegetation upon which they are growing or from the place or position where they lay for commercial purposes.

(b) The term does not include the collection of:

(i) plant material used for a campfire; or

(ii) amounts intended for personal consumption.

(10) "Wildcrafted plant material" means any plant or part of any plant species that is not cultivated and that is growing wild on any lands in Montana.

(11) "Wildcrafter" means a person who wildcrafts plants.
Mont. Code Ann. § 76-2-206 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-206
76-2-206 Interim zoning district or regulation
Status: in_force

76-2-206 . Interim zoning district or regulation. (1) Except as provided in 76-2-240 and subject to subsection (3) of this section, the board of county commissioners may establish an interim zoning district or interim regulation to address an emergency that involves the public health, safety, morals, or general welfare if:

(a) the purpose of the interim zoning district or interim regulation is to classify those uses and related matters that must be regulated to mitigate the emergency; and

(b) within 30 working days, the county initiates a study or investigation to verify that an emergency exists and to identify the facts and circumstances that constitute the emergency, the potential options for mitigating the emergency, and the course of action that the governing body intends to take, if any, during the term of the interim zoning district or interim regulation to mitigate the emergency.

(2) A resolution for an interim zoning district or interim regulation must be limited to 1 year from the date it becomes effective. Subject to subsections (4) and (5), the board of county commissioners may extend the resolution for 1 year, but not more than one extension may be made.

(3) The board of county commissioners shall observe the following procedures in the establishment of an interim zoning district or interim regulation:

(a) Notice of a public hearing on the proposed interim zoning district boundaries or of the interim regulation must be published as provided in 7-1-2121 . In addition to the requirements of 7-1-2121 , the notice must state:

(i) the boundaries of the proposed district;

(ii) the specific emergency compelling the establishment of the proposed interim zoning district or interim regulation;

(iii) the general character of the proposed interim zoning district or interim regulation, including how those uses and related matters that must be regulated to mitigate the emergency will be classified and regulated; and

(iv) that the proposed interim zoning district or interim regulation is on file for public inspection at the office of the county clerk and recorder.

(b) At the public hearing, the board of county commissioners shall give the public an opportunity to be heard regarding the proposed establishment of an interim zoning district or interim regulation.

(c) After the hearing, the board of county commissioners may adopt a resolution to establish an interim zoning district or interim regulation.

(4) The board of county commissioners shall observe the following procedures in the extension of a resolution pursuant to subsection (2):

(a) A study or investigation as provided in subsection (1)(b) must be completed prior to the hearing on the proposed extension of the resolution.

(b) Notice of a public hearing on the proposed extension of the resolution must be published as provided in 7-1-2121 . In addition to the requirements of 7-1-2121 , the notice must state:

(i) the boundaries of the existing interim zoning district;

(ii) the specific emergency that compelled the establishment of the existing interim zoning district or interim regulation and the reason for the proposed extension of the resolution; and

(iii) that the proposed extension of the resolution is on file for public inspection at the office of the county clerk and recorder.

(c) At the public hearing, which must be held prior to the expiration of the existing interim zoning district or interim zoning regulation, the board of county commissioners shall give the public an opportunity to be heard regarding the proposed extension of the resolution.

(5) After the hearing provided for in subsection (4), the board of county commissioners may in its discretion extend the resolution for the interim zoning district or interim regulation.
Mont. Code Ann. § 76-1-222 — MT Code / Title 76 / Chapter 1 / Part 2 / Section 76-1-222
76-1-222 City council member of city planning board
Status: in_force

76-1-222 . City council member of city planning board. (1) As soon as the city council has enacted an ordinance creating a city planning board, the city council shall select a member of its body to serve on the planning board. The term of the appointed member must be coextensive with the term of office to which the member has been elected or appointed unless the council, on its first regular meeting of each year, appoints another to serve as its representative or unless the member's term is terminated as provided in this part.

(2) The city council shall fill any vacancy occurring in its respective membership on the planning board.
Mont. Code Ann. § 76-15-316 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-316
76-15-316 Cooperation with municipalities and counties
Status: in_force

76-15-316 . Cooperation with municipalities and counties. The supervisors may invite the governing body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy which may affect the property, water supply, or other interests of the municipality or county.
Mont. Code Ann. § 76-1-603 — MT Code / Title 76 / Chapter 1 / Part 6 / Section 76-1-603
76-1-603 Adoption of growth policy by planning board
Status: in_force

76-1-603 . Adoption of growth policy by planning board. After consideration of the recommendations and suggestions elicited at the public hearing, the planning board shall by resolution:

(1) recommend the proposed growth policy and any proposed ordinances and resolutions for its implementation to the governing bodies of the governmental units represented on the planning board;

(2) recommend that a growth policy not be adopted; or

(3) recommend that the governing body take some other action related to preparation of a growth policy.
Mont. Code Ann. § 76-15-544 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-544
76-15-544 Eligibility for loan
Status: in_force

76-15-544 . Eligibility for loan. A district may award a loan to a land occupier to finance a conservation practice only if a majority of the district supervisors find, based on the application and the supervisors' investigation and evaluation of the proposal, that:

(1) the conservation practice will be economically feasible;

(2) the conservation practice will comply with statutory and regulatory standards protecting the quality of resources such as air, water, land, fish, wildlife, and recreational opportunities;

(3) the applicant has adequate financial resources to construct, operate, develop, and maintain the conservation practice; and

(4) the applicant is credit-worthy and is able and willing to enter into a contract with the district for loan repayment and for construction, operation, development, and maintenance of the proposed conservation practice.
Mont. Code Ann. § 76-15-201 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-201
76-15-201 Petition to create conservation district
Status: in_force

76-15-201 . Petition to create conservation district. (1) Any 10% of the qualified electors within the limits of the territory proposed to be organized into a district may file a petition with the department asking that the department approve the organization of a conservation district to function in the territory described in the petition.

(2) The petition must set forth:

(a) the proposed name of the district;

(b) that there is need in the interest of the public health, safety, and welfare for a conservation district to function in the territory described in the petition;

(c) a description of the territory proposed to be organized as a district, which description may not be required to be given by metes and bounds or by legal subdivisions but is sufficient if generally accurate;

(d) a request that:

(i) the department define the boundaries for the district;

(ii) a referendum be held within the territory defined on the question of the creation of a conservation district in the territory; and

(iii) the department determine that a district be created.

(3) Where more than one petition is filed covering parts of the same territory, the department may consolidate all or any part of the petitions.
Mont. Code Ann. § 76-16-310 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-310
76-16-310 Permit required to run livestock in state district
Status: in_force

76-16-310 . Permit required to run livestock in state district. (1) An owner or person in control of livestock may not permit livestock to run at large or under herd within the exterior boundaries of a state district unless the owner or person in control of the livestock first obtains a grazing permit from the state district.

(2) The owner or person in control of livestock running at large or under herd within a state district without a permit from the state district or in excess of the permit is liable for all damages sustained by any member, permittee, or state district that are a result of the person's unpermitted use of the state district. If livestock wrongfully enter a state district, the owner or person in control of the trespassing livestock, who willfully or negligently permits livestock to run at large within the state district without first obtaining a permit from the state district, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount not less than $10 or more than $500. In addition to a fine, the owner or person is liable for all damages that are caused by the trespassing livestock.

(3) This provision does not require any person to obtain a grazing permit to graze livestock on land that the person owns or controls within a state district if the stock being grazed are restrained from running at large within the state district and from grazing on any other lands within the state district.
Mont. Code Ann. § 76-3-302 — MT Code / Title 76 / Chapter 3 / Part 3 / Section 76-3-302
76-3-302 Restrictions on recording instruments relating to land subject to surveying requirements
Status: in_force

76-3-302 . Restrictions on recording instruments relating to land subject to surveying requirements. (1) Except as provided in subsection (2), the county clerk and recorder of any county may not record any instrument that purports to transfer title to or possession of a parcel or tract of land that is required to be surveyed by this chapter unless the required certificate of survey or subdivision plat has been filed with the clerk and recorder and the instrument of transfer describes the parcel or tract by reference to the filed certificate or plat.

(2) Subsection (1) does not apply when the parcel or tract to be transferred:

(a) is in a location in which the state does not have jurisdiction; or

(b) was created before July 1, 1973, and the instrument of transfer for the parcel or tract includes a reference to a previously recorded instrument of transfer or is accompanied by documents that, if recorded, would otherwise satisfy the requirements of this subsection. The reference or document must demonstrate that the parcel or tract existed before July 1, 1973.

(3) The reference or documents required in subsection (2) do not constitute a legal description of the property and may not be substituted for a legal description of the property.
Mont. Code Ann. § 76-2-302 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-302
76-2-302 Zoning districts
Status: in_force

76-2-302 . Zoning districts. (1) For the purposes of 76-2-301 , the local city or town council or other legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes of this part. Within the districts, it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, including the creation of zoning districts that allow tiny dwelling units.

(2) All regulations must be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.

(3) (a) Zoning regulations adopted under this part may not treat manufactured housing or factory-built housing units differently from any other residential units.

(b) In a proceeding for a permit or variance to place manufactured housing or factory-built housing within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home or factory-built home will not adversely affect property values of conventional housing.

(4) As used in this section, the following definitions apply:

(a) "Factory-built housing" means a factory-assembled structure intended for residential use that:

(i) is equipped with the necessary service connections but not made to be readily movable as a unit or units;

(ii) is designed to be used with a permanent foundation; and

(iii) is not certified by the United States department of housing and urban development but meets the inspection requirements of Title 50, chapter 60, part 4.

(b) "Manufactured housing" means a single-family dwelling, built offsite in a factory, that is in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of its production. A manufactured home does not include a mobile home or housetrailer, as defined in 15-1-101 .

(c) (i) "Tiny dwelling unit" means a residential dwelling unit that is 350 to 750 square feet, is on a permanent foundation, and is used as a single-family dwelling for at least 45 days or longer.

(ii) Appendix Q, tiny houses, of the International Building Code as it was printed on January 1, 2023, may govern all other requirements of a tiny dwelling unit that is 350 to 750 square feet.

(5) This section may not be construed to limit conditions imposed in historic districts, local design review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part 2. Local design review standards imposed by a local government must be clear, objective, and necessary to protect public health or safety or to comply with federal law.

(6) Zoning regulations may not include a requirement to:

(a) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or

(b) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices.

(7) A dedication of real property as prohibited in subsection (6)(b) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.

(8) When reviewing an application for a zoning permit or variance from local design review standards, the determination of compliance with local design review standards as provided in subsection (5) must be conducted by employees of the municipality, and the municipality may not require review by an external board.
Mont. Code Ann. § 76-21-301 — MT Code / Title 76 / Chapter 21 / Part 3 / Section 76-21-301
76-21-301 Terminated
Status: in_force

76-21-301 . Terminated. Sec. 14, Ch. 652, L. 1983.
Mont. Code Ann. § 76-2-203 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-203
76-2-203 Criteria and guidelines for zoning regulations
Status: in_force

76-2-203 . Criteria and guidelines for zoning regulations. (1) Zoning regulations must be:

(a) made in accordance with the growth policy; and

(b) designed to:

(i) secure safety from fire and other dangers;

(ii) promote public health, public safety, and general welfare; and

(iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

(2) In the adoption of zoning regulations, the board of county commissioners shall consider:

(a) reasonable provision of adequate light and air;

(b) the effect on motorized and nonmotorized transportation systems;

(c) compatible urban growth in the vicinity of cities and towns that at a minimum must include the areas around municipalities;

(d) the character of the district and its peculiar suitability for particular uses; and

(e) conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area.

(3) Zoning regulations must, as nearly as possible, be made compatible with the zoning ordinances of nearby municipalities.

(4) Zoning regulations may not include a requirement to:

(a) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or

(b) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices.

(5) A dedication of real property as prohibited in subsection (4)(b) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.
Mont. Code Ann. § 76-11-202 — MT Code / Title 76 / Chapter 11 / Part 2 / Section 76-11-202
76-11-202 Purpose
Status: in_force

76-11-202 . Purpose. (1) The legislature finds that the soils of the state of Montana are one of its most basic and precious natural resources and that detailed knowledge of soil capabilities and adaptability is essential for:

(a) making wise land use decisions;

(b) preparing plans for cities, towns, counties, planning boards, farmers, foresters, industrial developers, and residential developers;

(c) locating and designing buildings, highways, reservoirs, and recreation areas; and

(d) protecting our forest, range, and agricultural lands.

(2) Pursuant to these findings, it is the intention of the legislature to accelerate the survey and mapping of the state's soil resources, to set a goal of completing the soil survey and mapping program.
Mont. Code Ann. § 76-2-227 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-227
76-2-227 Appeals -- board of county commissioners or board of adjustment to court of record -- county commissioners may establish appeal process
Status: in_force

76-2-227 . Appeals -- board of county commissioners or board of adjustment to court of record -- county commissioners may establish appeal process. (1) (a) The board of county commissioners may establish in the zoning regulations a process for an appeal of a decision by the board of adjustment to the board of county commissioners by any person or persons, jointly or severally, aggrieved by a decision of the board of adjustment or an officer, department, board, or bureau of the county.

(b) The process, if established, must provide that an appeal to the board of county commissioners be initiated by presenting to the board of county commissioners a petition, duly verified, specifying the grounds of the appeal.

(c) The petition must be presented to the board of county commissioners within 30 days after the filing of the decision of the board of adjustment, and a final decision must be made within 60 days of receipt of the petition.

(d) The board of county commissioners shall properly notice and hold a public hearing de novo.

(2) Any person or persons, jointly or severally, aggrieved by a decision of the board of county commissioners or the board of adjustment may present to a court of record a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the court within 30 days after the filing of the decision in the office of the appropriate board.

(3) Upon presentation of a petition, the court may allow a writ of certiorari directed to the board of county commissioners or the board of adjustment to review the decision of the board and shall prescribe in the writ the time within which a return must be made and served upon the relator's attorney, which may not be less than 10 days and may be extended by the court. The allowance of the writ may not stay proceedings upon the decision appealed from, but the court may, upon application, on notice to the board of county commissioners or the board of adjustment, and on due cause shown, grant a restraining order. The board of county commissioners or the board of adjustment may not be required to return the original papers acted upon by it, but it is sufficient to return certified or sworn copies of the original papers or of portions of the original papers that may be called for by the writ. The return must concisely set forth other facts that may be pertinent and material to show the grounds of the decision appealed from and must be verified.

(4) If, upon the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a referee to take evidence as it may direct and report the evidence to the court with the referee's findings of fact and conclusions of law, which constitute a part of the proceedings upon which the determination of the court must be made.

(5) The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
Mont. Code Ann. § 76-4-120 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-120
76-4-120 Development plans -- exceptions
Status: in_force

76-4-120 . Development plans -- exceptions. (1) A reviewing authority may not approve a subdivision under this chapter that is subject to a development plan approved under 75-6-130 unless the subdivision is subject to the provisions of Title 76, chapter 3, and the governing body has required department certification before final plat approval pursuant to 76-3-507 (5).

(2) A certifying authority may not certify that a division under 76-4-125 (1)(d) will be served by adequate municipal or eligible county water and/or sewer district facilities pursuant to a development plan approved under 75-6-130 unless the division is subject to the provisions of Title 76, chapter 3, and the governing body has required department certification before final plat approval pursuant to 76-3-507 (5).
Mont. Code Ann. § 76-16-212 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-212
76-16-212 Distribution of state district assets
Status: in_force

76-16-212 . Distribution of state district assets. (1) When a hearing on the request for dissolution has been held before the commission and the consent of the board of directors has been given, the directors shall distribute the assets of the state district, either in items of property or in cash or both. Distribution must first be made with the approval of the commission to creditors up to the amount of their claims. Distribution must then be made with the approval of the commission to permittee members upon the basis of their proportionate interest in the assets.

(2) If assets must be liquidated, the directors shall offer them for sale at public auction or through another competitive bidding procedure after publication of a notice of the sale once a week for 2 successive weeks in a newspaper of general circulation within the state district. State district members holding grazing preference directly proportional to and associated with the assets being liquidated must be offered an opportunity to meet the highest bid submitted through the bidding process.
Mont. Code Ann. § 76-15-511 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-511
76-15-511 Estimate of money to be raised by assessment
Status: in_force

76-15-511 . Estimate of money to be raised by assessment. The supervisors of the district shall on or before the first Monday of July of each year furnish the board of county commissioners an estimate in writing of the amount of money to be raised by assessment which is needed for the next ensuing fiscal year.
Mont. Code Ann. § 76-13-304 — MT Code / Title 76 / Chapter 13 / Part 3 / Section 76-13-304
76-13-304 Suppression and eradication of infestation
Status: in_force

76-13-304 . Suppression and eradication of infestation. (1) The department may enter upon the land within the zone and cause the forest insect pest infestation or forest tree disease to be suppressed, eradicated, and destroyed in the manner approved by it.

(2) In order to accomplish the suppression, eradication, and destruction of the infestation, the department may enter into cooperative agreements with the federal government or other public or private agencies and with forest landowners, using such funds as are made available for those purposes.

(3) The department may consider controlled burning or logging as methods to suppress or eradicate forest insect pest infestation or forest tree disease.
Mont. Code Ann. § 76-15-320 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-320
76-15-320 Legal status of district -- immunity
Status: in_force

76-15-320 . Legal status of district -- immunity. (1) A conservation district and the supervisors of a conservation district may:

(a) sue and be sued in the name of the district;

(b) satisfy a judgment or settlement pursuant to 2-9-316 ;

(c) have a seal that is judicially noticed;

(d) have perpetual succession unless terminated as provided in this chapter;

(e) implement Title 75, chapter 7, part 1; and

(f) make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

(2) A conservation district, conservation district supervisor, or conservation district employee is immune from suit for any liability that might otherwise be incurred or imposed for an act or omission committed while engaged in conservation district activities pursuant to Title 75, chapter 7, part 1, or this chapter, unless the act or omission constitutes gross negligence, was committed in bad faith, or was committed with malicious purpose.
Mont. Code Ann. § 76-5-1101 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1101
76-5-1101 Water conservation and flood control projects authorized
Status: in_force

76-5-1101 . Water conservation and flood control projects authorized. (1) Cities, towns, or counties, through their councils, boards of county commissioners, or other governing body, are hereby empowered, either individually or jointly, to engage or participate in the establishment of water conservation and flood control projects within the limits of such city, town, or county:

(a) for the protection or reclamation of property situated therein from floods or high waters and to protect property therein from the effects of floodwater; and

(b) for the conservation, development, storage, distribution, drainage, and utilization of water for purposes beneficial to the district.

(2) Purposes beneficial to the district include but are not limited to industrial and municipal water supply, recreation and wildlife, irrigation, streamflow stabilization, household and domestic use, and pollution abatement whenever the establishment of such a water conservation and flood control system shall, in the judgment of the city council, board of county commissioners, or other governing body, be conducive to public convenience and welfare.
Mont. Code Ann. § 76-13-122 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-122
76-13-122 Failure to comply with permit
Status: in_force

76-13-122 . Failure to comply with permit. A person to whom a written permit is issued to set or ignite a fire shall comply strictly with the permit. Except as provided in 76-13-905 , a person who fails to comply with the permit, leaves the fire unattended, leaves the fire before it is totally extinguished, or negligently allows the fire to spread from or beyond the burning area defined by the permit is subject to the penalty provided in 50-63-102 and is subject to the provisions of 50-63-103 . The department shall prescribe the form and substance of the permit.
Mont. Code Ann. § 76-1-402 — MT Code / Title 76 / Chapter 1 / Part 4 / Section 76-1-402
76-1-402 Funding of board operation
Status: in_force

76-1-402 . Funding of board operation. (1) After a city council has by ordinance, a board of county commissioners has by ordinance and resolution, or a city council and board of county commissioners have by ordinance and resolution created a planning board, the governing bodies represented upon such board may appropriate funds to carry out the duties of the planning board.

(2) When a planning board has been created by agreement of more than one governmental unit, the governing bodies of the governmental units which have created the board shall agree upon the proportion of expenditures to be borne by each such unit and may budget and appropriate the funds necessary for the respective shares thus agreed upon.
Mont. Code Ann. § 76-2-222 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-222
76-2-222 Membership and term of board members -- vacancies
Status: in_force

76-2-222 . Membership and term of board members -- vacancies. (1) The board of adjustment consists of five members, each to be appointed for a term of 2 years and removable for cause by the board of county commissioners upon written charges and after public hearing. The board of county commissioners may designate the same persons to act as members of the board of adjustment for unincorporated portions of the jurisdictional area as may be appointed by the municipality within the jurisdictional area under provisions of 76-2-321 through 76-2-328 .

(2) Vacancies must be filled for the unexpired term of any member whose term becomes vacant.
Mont. Code Ann. § 76-5-102 — MT Code / Title 76 / Chapter 5 / Part 1 / Section 76-5-102
76-5-102 Policy and purposes
Status: in_force

76-5-102 . Policy and purposes. (1) The policy and purposes of parts 1 through 4 of this chapter are to:

(a) guide development of the floodway areas of this state consistent with the enumerated findings;

(b) recognize the right and need of watercourses to periodically carry more than the normal flow of water;

(c) provide state coordination and technical assistance to local units in management of floodway areas;

(d) coordinate federal, state, and local management activities for floodway areas;

(e) encourage local governmental units to manage flood-prone lands, including the adoption, enforcement, and administration of land use regulations; and

(f) provide the department of natural resources and conservation with authority necessary to carry out a comprehensive floodway management program for the state.

(2) Specifically, it is the purpose of parts 1 through 4 to:

(a) restrict or prohibit uses that are dangerous to health or safety of property in times of flood or that cause increased flood heights or velocities;

(b) require that uses vulnerable to floods, including public facilities that serve the uses, be provided with flood protection at the time of initial construction;

(c) develop and provide information to identify lands that are unsuited for certain development purposes because of flood hazard;

(d) distinguish between the land use regulations applied to the designated floodway and those applied to that portion of the designated flood plain not contained within the designated floodway;

(e) apply more restrictive land use regulations within the designated floodway;

(f) ensure that regulations and minimum standards adopted under parts 1 through 4, insofar as possible, balance the greatest public good with the least private injury.
Mont. Code Ann. § 76-3-613 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-613
76-3-613 Index of plats to be kept by county clerk and recorder
Status: in_force

76-3-613 . Index of plats to be kept by county clerk and recorder. (1) The county clerk and recorder shall maintain an index of all recorded subdivision plats and certificates of survey.

(2) This index shall list plats and certificates of survey by the quarter section, section, township, and range in which the platted or surveyed land lies and shall list the recording or filing numbers of all plats depicting lands lying within each quarter section. Each quarter section list shall be definitive to the exclusion of all other quarter sections. The index shall also list the names of all subdivision plats in alphabetical order and the place where filed.
Mont. Code Ann. § 76-15-101 — MT Code / Title 76 / Chapter 15 / Part 1 / Section 76-15-101
76-15-101 Legislative determinations
Status: in_force

76-15-101 . Legislative determinations. It is declared, as a matter of legislative determination:

(1) that the farm and grazing lands of the state of Montana are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its people; that improper land use practices have caused and have contributed to and are now causing and contributing to a progressively more serious erosion of the farm and grazing lands of this state by wind and water; that the breaking of natural grass, plant, and forest cover has interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus and developing a soil condition that favors erosion; that the topsoil is being blown and washed out of fields and pastures; that there has been an accelerated washing of sloping fields; that these processes of erosion by wind and water speed up with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil; that failure by any land occupier to conserve the soil and control erosion upon the occupier's lands causes a washing and blowing of soil and water from the occupier's lands onto other lands and makes the conservation of soil and control of erosion on other lands difficult or impossible;

(2) that the consequences of soil erosion in the form of soil blowing and soil washing are the silting and sedimentation of stream channels, reservoirs, dams, and ditches, the loss of fertile soil material in dust storms, the piling up of soil on lower slopes and its deposit over alluvial plains, the reduction in productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand, and gravel swept out of the hills, the deterioration of soil and its fertility, the deterioration of crops and range cover grown on the land, declining acre yields despite development of scientific processes for increasing yields, the loss of soil and water that causes destruction of food and cover for wildlife, a blowing and washing of soil into streams that silts over spawning beds and destroys water plants, diminishing the food supply of fish, a diminishing of the underground water reserve, which causes water shortages, intensifies periods of drought, and causes crop and range vegetation cover failures, an increase in the speed and volume of rainfall runoff, causing severe and increasing floods that bring suffering, disease, and death, the impoverishment of families attempting to operate eroding and eroded lands, damage to roads, highways, railways, farm buildings, and other property from floods and from dust storms, and losses in municipal water supply, irrigation developments, farming, and grazing;

(3) that to conserve soil resources and control and prevent soil erosion and prevent floodwater and sediment damages and further the conservation, development, utilization, and disposal of water, it is necessary that land use practices contributing to soil wastage and soil erosion be discouraged and discontinued and appropriate soil-conserving land use practices and works of improvement for flood prevention and the conservation, development, utilization, and disposal of water be adopted and carried out; that among the procedures necessary for widespread adoption are the carrying on of engineering operations such as the construction of water spreaders, terraces, terrace outlets, check dams, desilting basins, floodwater retarding structures, channel improvements, floodways, land drainage, dikes, ponds, ditches, and the like; the utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing; land drainage; land irrigation; seeding and planting of waste, sloping, abandoned, or eroded lands with water-conserving and erosion-preventing plants, trees, and grasses; forestation and reforestation; rotation of crops, restriction of number of livestock grazed, deferred grazing, and rodent eradication; soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops; retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded.
Mont. Code Ann. § 76-15-531 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-531
76-15-531 Special administrative assessment permitted -- voter approval
Status: in_force

76-15-531 . Special administrative assessment permitted -- voter approval. (1) (a) In addition to the levy authorized in 76-15-515 and 76-15-516 (3), the supervisors of a conservation district may levy an annual special administrative assessment for administrative costs and expenses of the district if the qualified electors of the district approve the imposition of the additional assessment at an election held as provided in 15-10-425 .

(b) Nonmill-levy revenue that is distributed based on the relative proportion of mill levies may not be distributed to the special administrative assessment.

(2) The special administrative assessment question may be presented to the qualified electors of the district by resolution of the supervisors.

(3) If the conservation district is located in more than one county, the special administrative assessment question must be presented to and approved by the qualified electors who reside in the district from each county.

(4) The resolution referring the special administrative assessment question must state:

(a) the rate of the assessment;

(b) the amount of money anticipated to be raised by the assessment; and

(c) the purposes for which the special administrative assessment revenue may be used.
Mont. Code Ann. § 76-15-805 — MT Code / Title 76 / Chapter 15 / Part 8 / Section 76-15-805
76-15-805 Referendum on question of discontinuance
Status: in_force

76-15-805 . Referendum on question of discontinuance. (1) Within 60 days after the petition has been received by the department, it shall give due notice of the holding of a referendum and shall supervise the referendum and issue appropriate regulations governing the conduct thereof. The question is to be submitted by ballots upon which the words "For terminating the existence of the .... (name of the conservation district or part of the district to be here inserted)" and "Against terminating the existence of the .... (name of the conservation district or part of the district to be here inserted)" shall appear with the square before each proposition and a direction to insert an "X" mark in the square before one or the other of the propositions as the voter may favor or oppose discontinuance of the district or a part of the district.

(2) All qualified electors within the boundaries of the district are eligible to vote in the referendum. No informalities in the conduct of the referendum or in any matters relative thereto shall invalidate the referendum or the result thereof if notice thereof is given substantially as herein provided and the referendum is fairly conducted.
Mont. Code Ann. § 76-6-202 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-202
76-6-202 Duration of conservation easements
Status: in_force

76-6-202 . Duration of conservation easements. Conservation easements may be granted either in perpetuity or for a term of years. If granted for a term of years, that term may not be less than 15 years. An easement granted for a term of years may be renewed for a term of 15 or more years upon the execution of a new granting instrument by the parties.
Mont. Code Ann. § 76-16-205 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-205
76-16-205 Issuance of certificate of incorporation
Status: in_force

76-16-205 . Issuance of certificate of incorporation. If the articles substantially comply with the requirements set forth in 76-16-204 and are accompanied by the certificate of approval, the secretary of state shall issue to the state district a certificate of incorporation.
Mont. Code Ann. § 76-2-240 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-240
76-2-240 Effect on amateur radio antenna
Status: in_force

76-2-240 . Effect on amateur radio antenna. A resolution or rule adopted pursuant to this part may not:

(1) prevent the erection of an amateur radio antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States; or

(2) establish a maximum height limit for an amateur radio antenna of less than 100 feet above the ground.
Mont. Code Ann. § 76-3-509 — MT Code / Title 76 / Chapter 3 / Part 5 / Section 76-3-509
76-3-509 Local option cluster development regulations and exemptions authorized
Status: in_force

76-3-509 . Local option cluster development regulations and exemptions authorized. (1) If the governing body has adopted a growth policy that meets the requirements of 76-1-601 , the governing body may adopt regulations to promote cluster development and preserve open space under this section.

(2) Regulations adopted under this section must:

(a) establish a maximum size for each parcel in a cluster development;

(b) subject to subsection (3)(d), establish a maximum number of parcels in a cluster development; and

(c) establish requirements, including a minimum size for the area to be preserved, for preservation of open space as a condition of approval of a cluster development subdivision under regulations adopted pursuant to this section. Land protected as open space on a long-term basis must be identified on the final subdivision plat, and the plat must include a copy of or a recording reference to the irrevocable covenant prohibiting further subdivision, division, or development of the open space lots or parcels, as provided in Title 70, chapter 17, part 2.

(3) Regulations adopted under this section may:

(a) establish a shorter timeframe for review of proposed cluster developments;

(b) establish procedures and requirements that provide an incentive for cluster development subdivisions that are consistent with the provisions of this chapter;

(c) authorize the review of a division of land that involves more than one existing parcel as one subdivision proposal for the purposes of creating a cluster development;

(d) authorize the creation of one clustered parcel for each existing parcel that is reviewed as provided in subsection (3)(c); and

(e) establish exemptions from the following:

(i) the requirements of an environmental assessment pursuant to 76-3-603 ;

(ii) review of the criteria in 76-3-608 (3)(a); and

(iii) park dedication requirements pursuant to 76-3-621 .

(4) Except as provided in this section, the provisions of this chapter apply to cluster development subdivisions.
Mont. Code Ann. § 76-15-610 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-610
76-15-610 Administration of project area
Status: in_force

76-15-610 . Administration of project area. The affairs of a project area shall be administered by the board or boards of supervisors or their authorized agents.
Mont. Code Ann. § 76-6-204 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-204
76-6-204 Acquisition of conservation easements by qualified private organizations
Status: in_force

76-6-204 . Acquisition of conservation easements by qualified private organizations. Any qualified private organization may acquire by a conservation easement, by purchase, or by gift, devise, bequest, or grant title to any interest or interests in rights in real property, including land and water, that will provide a means for the preservation or provision of permanent significant open-space land and/or the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interest.
Mont. Code Ann. § 76-15-611 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-611
76-15-611 Federal authority unaffected
Status: in_force

76-15-611 . Federal authority unaffected. (1) The provisions of this part do not apply to the government of the United States or any department, bureau, or agency thereof, except to such extent as the government of the United States or any department, bureau, or agency thereof may desire to take advantage of its provisions. It is an express purpose and intent of this part to aid but not to interfere with the government of the United States or any department, bureau, or agency thereof in any undertaking over which such federal authority desires to exercise full supervision and control.

(2) The provisions of this part may not be construed to impair, limit, or repeal any right whatsoever which the government of the United States or any department, bureau, or agency thereof has to full and complete jurisdiction, management, or control over projects over which such federal authority desires to exercise such rights. It is a purpose of this part expressly to subordinate any power of jurisdiction and to never interfere directly with such federal authority.
Mont. Code Ann. § 76-5-1116 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1116
76-5-1116 Determination of fees and charges
Status: in_force

76-5-1116 . Determination of fees and charges. (1) In fixing the rate, fee, toll, or rent for water furnished for household use, domestic use, irrigation use, industrial use, and municipal use and for water used for streamflow stabilization, the governing body shall charge a fee sufficient to pay the proportionate share of the repairs, maintenance, and operating expenses as the use bears in economic value to the total economic value of the total use of the facilities of the project or projects. The economic value is to be determined by the governing body.

(2) For the benefits received by areas within the boundaries of the project or projects for flood prevention, flood control, and pollution abatement, the governing body shall determine a reasonable valuation or charge. The valuation or charge must be certified by the governing body to the county commissioners prior to the time general taxes are levied and assessed. Subject to 15-10-420 , the county commissioners shall levy a special assessment as provided for in 76-5-1113 and 76-5-1114 against the area or areas sufficient to provide revenue for the repairs, maintenance, and operating expenses of the project.

(3) For recreation use the governing body shall first determine the share of the costs of operation, repairs, and depreciation to be charged against recreation uses and from this figure shall subtract the estimated amount of fees and tolls collected for recreation uses. The deficiency, if any, must be certified to the county commissioners, and subject to 15-10-420 , special assessments must be levied by the county commissioners in the manner provided in this section.
Mont. Code Ann. § 76-25-216 — MT Code / Title 76 / Chapter 25 / Part 2 / Section 76-25-216
76-25-216 Implementation
Status: in_force

76-25-216 . Implementation. (1) The land use plan and future land use map is not a regulatory document and must include an implementation section that:

(a) establishes meaningful and predictable implementation measures for the use and development of land within the jurisdiction based on the contents of the land use plan and future land use map;

(b) provides meaningful direction for the content of more detailed land use regulations and future land use maps; and

(c) requires identification of those programs, activities, actions, or land use regulations that may be part of the overall strategy of the jurisdiction for implementing the land use plan.

(2) The implementation section of the land use plan must include:

(a) if the local jurisdiction does not have current zoning regulations, a schedule by which zoning regulations and a zoning map will be adopted in accordance with the deadlines set forth in 76-25-105 ;

(b) if the local jurisdiction has current zoning regulations, an analysis of whether any inconsistencies exist between current zoning regulations and the land use plan and future land use map, including a map of the inconsistencies. If inconsistencies exist, the local government shall identify:

(i) specific implementation actions necessary to amend the zoning regulations and the zoning map to bring the zoning regulations and zoning map into substantial compliance with the land use plan and future land use map;

(ii) a schedule for amending the zoning regulations and zoning map to be in substantial compliance with the land use plan and future land use map, in accordance with the deadlines set forth in 76-25-105 ;

(iii) a schedule for adopting a capital improvements program or for amending an existing capital improvements program to be in substantial compliance with the land use plan and future land use map;

(iv) a schedule for expanding or replacing public facilities and the anticipated costs and revenue sources proposed to meet those costs, which must be reflected in a jurisdiction's capital improvement program;

(v) if applicable, a schedule for updating the plan for extension of services required in 7-2-4732 to be in substantial compliance with the land use plan; and

(vi) a schedule for implementing any other specific actions necessary to achieve the components of the land use plan, including a timeframe or prioritization of each specific public action; and

(c) procedures for monitoring and evaluating the local government's progress toward meeting the implementation schedule.
Mont. Code Ann. § 76-5-106 — MT Code / Title 76 / Chapter 5 / Part 1 / Section 76-5-106
76-5-106 Exemption for small drainage area
Status: in_force

76-5-106 . Exemption for small drainage area. Parts 1 through 4 of this chapter do not extend to any obstruction in the flood plain or floodway of a watercourse or drainway where the drainage area above the watercourse or drainway, either within or outside the state, is less than 25 square miles in extent unless a particular watercourse or drainway is expressly declared to be within the coverage of parts 1 through 4 by order of the department.
Mont. Code Ann. § 76-15-806 — MT Code / Title 76 / Chapter 15 / Part 8 / Section 76-15-806
76-15-806 Decision in case of petition for discontinuance of entire district
Status: in_force

76-15-806 . Decision in case of petition for discontinuance of entire district. (1) In the case of petitions for discontinuance of a district, the department shall publish the result of the referendum and shall consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible.

(2) If the department determines that the continued operation of the district is administratively practicable and feasible, it shall record that determination and deny the petition.

(3) If the department determines that the continued operation of the district is not administratively practicable and feasible, it shall record that determination and shall certify the determination to the supervisors of the district.
Mont. Code Ann. § 76-9-102 — MT Code / Title 76 / Chapter 9 / Part 1 / Section 76-9-102
76-9-102 Prohibitions
Status: in_force

76-9-102 . Prohibitions. (1) Standards adopted by a state agency or unit of local government to limit levels of noise that may occur in the outdoor atmosphere may not apply to shooting ranges.

(2) Standards adopted by a state agency or unit of local government promulgated pursuant to Title 75 and concerning pollution by lead, copper, or brass may not limit or prohibit the operation of a shooting range because of lead, copper, or brass deposition resulting from shooting activities.
Mont. Code Ann. § 76-1-508 — MT Code / Title 76 / Chapter 1 / Part 5 / Section 76-1-508
76-1-508 Planning projects outside city-county planning board jurisdictional area -- broad construction
Status: in_force

76-1-508 . Planning projects outside city-county planning board jurisdictional area -- broad construction. (1) Any city-county planning board organized pursuant to the provisions of this chapter is hereby empowered, if requested by the board of county commissioners, to conduct specific planning projects within the county and outside of the jurisdictional area of said city-county planning board as defined in 76-1-504 through 76-1-507 .

(2) Such authority to conduct specific planning projects outside of the jurisdictional area of the city-county planning board upon request of the board of county commissioners shall be broadly construed so as to enable the county to qualify under the provisions of and regulations governing any planning assistance program administered by any agency of the United States of America or the state of Montana.
Mont. Code Ann. § 76-15-1002 — MT Code / Title 76 / Chapter 15 / Part 10 / Section 76-15-1002
76-15-1002 Restriction on use of funds
Status: in_force

76-15-1002 . Restriction on use of funds. A conservation district shall comply with state procurement laws when expending state-funded grants and loans.
Mont. Code Ann. § 76-9-105 — MT Code / Title 76 / Chapter 9 / Part 1 / Section 76-9-105
76-9-105 Closure of shooting ranges -- limitations -- relocation cost
Status: in_force

76-9-105 . Closure of shooting ranges -- limitations -- relocation cost. (1) Except as provided in subsection (2), an established shooting range may not be prevented from operation by a state agency, unit of local government, or court unless the range presents a clear and provable safety hazard to the adjacent population.

(2) If a pressing public need exists because of incompatibility with nearby population or land use, an established shooting range may be relocated by an agency of state government, unit of local government, or court, but only if all of the following conditions are met:

(a) pressing public need is documented through hearings, testimony, and a clear and precise statement of need by the agency, unit of local government, or court involved;

(b) the agency or unit of local government obtaining the closure pays the appraised cost of the land together with improvements to the operators of the shooting range. In return the shooting range operators shall relinquish their interest in the property to the agency or unit of local government obtaining the closure.

(3) If a shooting range presents a clear and provable safety hazard to adjacent population, the range may be suspended from operation if:

(a) reasonable notice and opportunity to respond are afforded the range operators; and

(b) reasonable opportunity is afforded the range operators to correct any safety defects.
Mont. Code Ann. § 76-15-304 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-304
76-15-304 Election of supervisors
Status: in_force

76-15-304 . Election of supervisors. (1) Two supervisors shall be elected at the second general election following the organization or reorganization of the district and shall replace the two supervisors appointed by the department. Thereafter, a district shall alternately elect three and two supervisors at succeeding general elections.

(2) An election for supervisors must be conducted in accordance with Title 13, chapter 1, part 5.
Mont. Code Ann. § 76-4-116 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-116
76-4-116 Annual and quarterly reports
Status: in_force

76-4-116 . Annual and quarterly reports. (1) The department shall report annually to the environmental quality council in accordance with 5-11-210 summarizing the review procedures adopted under Title 76, chapter 4, and recommendations as to whether statutory changes should be made to the process.

(2) The department shall report quarterly to the environmental quality council in accordance with 5-11-210 the number and percentage of overdue files as provided in 76-4-114 (8).

(3) (a) Before July 1, 2028, the department shall provide a comprehensive review of subdivision review procedures, including an analysis of the role of independent reviewers, delays in permit issuance, and permit outcomes. The department shall consider and collect input from stakeholders in preparing the comprehensive review.

(b) The department shall report to the environmental quality council the information provided in the comprehensive review required in subsection (3)(a). The environmental quality council may provide recommendations to the department.
Mont. Code Ann. § 76-2-110 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-110
76-2-110 Appeal procedure
Status: in_force

76-2-110 . Appeal procedure. Any person aggrieved by any decision of the commission or the board of county commissioners may, within 30 days after such decision or order, appeal to the district court in the county in which the property involved is located.
Mont. Code Ann. § 76-4-131 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-131
76-4-131 Applicability of public water supply laws
Status: in_force

76-4-131 . Applicability of public water supply laws. An exclusion provided for in this part does not relieve any person of the duty to comply with the requirements of Title 75, chapter 6. An extension of a public water supply system or an extension of a public sewage system to serve a subdivision must be reviewed in accordance with the provisions of Title 75, chapter 6.
Mont. Code Ann. § 76-16-102 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-102
76-16-102 Purpose
Status: in_force

76-16-102 . Purpose. The purpose of this chapter is to provide for the conservation, protection, restoration, and proper utilization of grass, forage, and range resources of the state of Montana, to provide for the incorporation of cooperative nonprofit state districts, to provide a means of cooperation with the secretary of the interior as provided in the federal act known as the Taylor Grazing Act and any other governmental agency or department having jurisdiction over lands belonging to the United States or other state or federal agency as well as agencies having jurisdiction over federal lands, to permit the setting up of a form of grazing administration which will aid in the unification or control of all grazing lands within the state where the ownership is diverse and the lands intermingled, and to provide for the stabilization of the livestock industry and the protection of dependent commensurate properties.
Mont. Code Ann. § 76-16-303 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-303
76-16-303 Voting rights
Status: in_force

76-16-303 . Voting rights. Only permittee members in good standing as set forth in the state district bylaws are entitled to vote on all issues submitted to a vote of the members. Individuals or livestock producers who operate on temporary permits may not vote. A permittee member has only one vote. Voting by proxy may not be permitted unless clearly outlined procedures for proxy voting are incorporated into the state district bylaws.
Mont. Code Ann. § 76-15-324 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-324
76-15-324 Minutes
Status: in_force

76-15-324 . Minutes. The board of supervisors shall submit the minutes of its proceedings for electronic storage within 30 days after the minutes have been approved by that body for electronic storage and retention in accordance with the provisions of Title 2, chapter 6, part 12. The board of supervisors shall submit the minutes for electronic storage to the county clerk and recorder of each county within the jurisdiction of the district.
Mont. Code Ann. § 76-7-201 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-201
76-7-201 Creation and approval of environmental control easements
Status: in_force

76-7-201 . Creation and approval of environmental control easements. (1) An environmental control easement may be created under this chapter only if the department or the United States environmental protection agency has approved the creation of an environmental control easement at an environmental control site to protect public health, safety, or welfare or the environment.

(2) An owner or an authorized representative of the owner of an environmental control site may apply for approval of a proposed environmental control easement to the department or the United States environmental protection agency.

(3) An owner or an authorized representative of the owner of an environmental control site that applies to the department for approval shall complete an environmental control easement application developed by the department.

(4) Upon receiving a completed application and following public notice, the department shall allow for a 30-day public comment period. Notice of the public comment period shall be published in a newspaper of general circulation in the area of the proposed environmental control easement.

(5) Following the 30-day public comment period, the department shall promptly review the application and either approve the application or provide the applicant with a written statement of the reasons for the department's disapproval.

(6) If the application is disapproved for reasons that may be addressed by modification of the easement instrument or by changes to the proposed transaction, the applicant, in consultation with the department, may modify the proposed environmental control easement or the proposed transaction in a manner necessary to obtain department approval and resubmit the application for the department's approval.

(7) The department's approval must be evidenced by execution of the instrument creating the environmental control easement, the execution of a written statement evidencing the approval in recordable form, or any other method that reasonably substantiates the required approval.
Mont. Code Ann. § 76-13-408 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-408
76-13-408 Fire hazard reduction agreement and bond -- bond release and penalty -- exemption
Status: in_force

76-13-408 . Fire hazard reduction agreement and bond -- bond release and penalty -- exemption. (1) Before cutting any forest product, constructing or reconstructing any road in contemplation of cutting any forest product, or conducting timber stand improvement, such as but not limited to precommercial thinning, weeding, or pruning, upon private forest lands within the state, the person conducting the work must be issued an exemption certificate by the department or shall provide for the reduction or management of the fire hazard to be created, except where a minimum slash hazard would exist, by entering into a fire hazard reduction agreement or a master fire hazard reduction agreement with the department, providing for the full and faithful compliance with all requirements under this part and the faithful reduction or management of the fire hazard in the manner prescribed by law and by rules adopted under this part.

(2) Either the person conducting the work or the purchaser, as provided in 76-13-409 (2), shall post a bond to the state in a form and for an amount prescribed by the department, but the amount may not exceed $6 for each 1,000 board feet (log scale) or the equivalent if forest products other than logs are cut. Bond amounts for master fire hazard reduction agreements are calculated to cover the potential cost to the department for fire hazard abatement in case of default and are based on the average annual volume of uncompleted abatement. Master fire hazard reduction agreement bonds are to be administered as nonsite-specific umbrella bonds, for which the entire bond or any portion of the bond may be collected to pay for unabated fire hazards on all sites covered by the bond. The department shall review master fire hazard reduction agreement bond amounts at least annually. The bonds must be adjusted according to the volume of timber harvested and the level of compliance of the bond provider.

(3) The agreement must provide that:

(a) all fire hazard reduction or management work comprising nonburning methods and preparations for burning must be completed within 18 months of commencement of cutting in the area covered by the agreement; and

(b) all burning work must be completed as specified in the agreement and in compliance with rules adopted under this part.

(4) The bond must be released upon the issuance of the certificate of clearance. At the request of the fire hazard reduction agreement holder, cash bonds for fire hazard reduction agreements exceeding 200,000 board feet, or the equivalent, must be partially released upon satisfactory completion of slash piling if the fire hazard reduction agreement holder has a record of compliance with the provisions of 76-13-407 or this section. The department may inspect the sites for which release or partial release is being requested, or it may rely on the submittal of a signed affidavit provided by the person posting the bond. A person that submits a fraudulent affidavit is subject to the penalty provisions of 45-7-202 , may have other fire hazard reduction agreements revoked, or may be denied the issuance of fire hazard reduction agreements in the future.

(5) (a) An activity that creates a minimum slash hazard requires a written exemption from the department if forest products are sold. Only one written exemption may be issued for a parcel of land annually. The written exemption under this subsection (5)(a) must be provided to the purchaser at the time of delivery of the forest products being sold.

(b) An activity that creates a minimum slash hazard is exempt from the provisions of this part if no forest products are sold.
Mont. Code Ann. § 76-15-516 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-516
76-15-516 Levy of regular and special assessments
Status: in_force

76-15-516 . Levy of regular and special assessments. (1) Subject to 15-10-420 , the board of county commissioners of each county in which any portion of the district lies may, annually at the time of levying county taxes, levy an assessment on the taxable real property within the district. The levy must be known as the ".... (name of district) conservation district regular assessment" and must be sufficient to raise the amount reported to the county commissioners in the estimate of the supervisors.

(2) Subject to the conditions of 15-10-420 , 76-15-531 , and 76-15-532 , the board of county commissioners of each county in which any portion of the district lies may, annually at the time of levying county taxes, levy an assessment on the taxable real property within the district. The levy must be known as the ".... (name of district) conservation district special administrative assessment" and must be sufficient to raise the amount reported to the county commissioners in the estimate of the supervisors.

(3) Subject to 15-10-420 , the board of county commissioners of each county in which any portion of a project area lies may, annually at the time of levying county taxes, levy an assessment on the taxable value of all taxable property located within the project area. The levy must be known as ".... (name of the project area) special assessment" and must be sufficient to raise the amount reported to the county commissioners in the estimate of the supervisors.
Mont. Code Ann. § 76-5-1108 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1108
76-5-1108 Acquisition of property
Status: in_force

76-5-1108 . Acquisition of property. (1) Cities, towns, and counties may acquire by gift, purchase, or condemnation pursuant to Title 70, chapter 30, private property within the limits of the project that may be necessary to carry into effect the provisions of this part and to provide an outlet for the watercourses, either natural or artificial. Watercourses may be deepened, widened, straightened, altered, changed, diverted, or otherwise improved under the provisions of this part. Property rights that may be acquired include the right to cross railroad right-of-way and property and highway right-of-way and property so as not to impair the previous public use.

(2) All applicable provisions of Title 70, chapter 30, apply to the condemnation of property under this section.
Mont. Code Ann. § 76-15-523 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-523
76-15-523 Depository of district funds
Status: in_force

76-15-523 . Depository of district funds. The treasury of the principal county is the depository of all of the county tax funds of the district. The district may receive upon demand all or a portion of the district funds from the county treasury and deposit the funds in a bank or financial institution in such account as the board of supervisors considers appropriate for the operation and administration of the district.
Mont. Code Ann. § 76-16-324 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-324
76-16-324 Lawsuits involving district
Status: in_force

76-16-324 . Lawsuits involving district. A state district may sue or be sued in its corporate name.
Mont. Code Ann. § 76-12-121 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-121
76-12-121 Duties of department -- plan for natural areas system
Status: in_force

76-12-121 . Duties of department -- plan for natural areas system. The department may:

(1) identify the existing and potential natural areas on lands under its jurisdiction and annually prepare a register listing the existing natural areas on private, county, state, and federal land;

(2) prepare and implement a biennial administrative plan for a natural areas system that will:

(a) assure equitable representation of the diversity of natural area types that are found to occur on private, county, state, and federal lands; and

(b) include identification of important natural area needs, viable methods to make eligible lands a part of the natural areas system, responsible management entities, goals for establishing natural areas, obligations of cooperating agencies, organizations, and individuals, and administrative procedures for registering natural areas with the department;

(3) consider the concerns and comments of the board and the public in preparing and implementing the administrative plan described in subsection (2);

(4) make recommendations to the board for designation of natural areas on state lands and for acquisition of interests in other lands for the preservation of natural areas;

(5) provide that designated natural areas on state lands are available for multiple uses, including but not limited to grazing, recreation, and snowmobiling, if such uses are consistent with the state's obligations under The Enabling Act and do not interfere with the management or integrity of the natural area; and

(6) provide that the management of natural areas on state lands includes provisions for weed control consistent with 7-22-2151 . The department assumes any levy under 7-22-2142 in natural areas; the lessee is not responsible for fire suppression costs in natural areas, and the lessee is not responsible for keeping natural areas free of garbage and debris.
Mont. Code Ann. § 76-2-119 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-119
76-2-119 Regulation of construction types
Status: in_force

76-2-119 . Regulation of construction types. (1) Regulations adopted under this part may not treat manufactured housing or factory-built housing units different from any other residential units.

(2) In a proceeding for a permit or variance to place manufactured housing or factory-built housing within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home or factory-built home will not adversely affect property values of conventional housing.

(3) As used in this part, "factory-built housing" means a factory-assembled structure intended for residential use that:

(a) is equipped with the necessary service connections but not made to be readily movable as a unit or units;

(b) is designed to be used with a permanent foundation; and

(c) is not certified by the United States department of housing and urban development but meets the inspection requirement of Title 50, chapter 60, part 4.
Mont. Code Ann. § 76-2-202 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-202
76-2-202 Establishment of zoning districts -- regulations
Status: in_force

76-2-202 . Establishment of zoning districts -- regulations. (1) (a) Within the unincorporated portions of a jurisdictional area that has been established under provisions of 76-1-501 through 76-1-503 or 76-1-504 through 76-1-507 and for the purposes provided in 76-2-201 , the board of county commissioners may by resolution establish zoning regulations for a part or all of the jurisdictional area or divide the county into zoning districts with zoning regulations that are considered best suited to carry out the purposes of this part. By establishing zoning regulations, the board may regulate the erection, construction, reconstruction, alteration, repair, location, or use of buildings or structures or the use of land, including the creation of zoning districts that allow tiny dwelling units.

(b) An action challenging the creation of a zoning district or adoption of zoning regulations must be commenced within 6 months after the date of the order by the board of county commissioners creating the district or adopting the regulations.

(2) (a) Zoning regulations adopted under this part may not treat manufactured housing or factory-built housing units differently from any other residential units.

(b) In a proceeding for a permit or variance to place manufactured housing or factory-built housing within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home or factory-built home will not adversely affect property values of conventional housing.

(3) The regulations in one district may differ from those in other districts.

(4) As used in this section, the following definitions apply:

(a) "Factory-built housing" means a factory-assembled structure intended for residential use that:

(i) is equipped with the necessary service connections but not made to be readily movable as a unit or units;

(ii) is designed to be used with a permanent foundation; and

(iii) is not certified by the United States department of housing and urban development but meets the inspection requirements of Title 50, chapter 60, part 4.

(b) "Manufactured housing" means a dwelling for a single household, built offsite in a factory, that is in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of its production. A manufactured home does not include a mobile home or housetrailer, as defined in 15-1-101 .

(c) (i) "Tiny dwelling unit" means a residential dwelling unit that is 350 to 750 square feet, is on a permanent foundation, and is used as a single-family dwelling for at least 45 days or longer.

(ii) Appendix Q, tiny houses, of the International Building Code as it was printed on January 1, 2023, may govern all other requirements of a tiny dwelling unit that is 350 to 750 square feet.

(5) This section may not be construed to limit conditions imposed in historic districts, local design review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part 2.
Mont. Code Ann. § 76-1-602 — MT Code / Title 76 / Chapter 1 / Part 6 / Section 76-1-602
76-1-602 Public hearing on proposed growth policy
Status: in_force

76-1-602 . Public hearing on proposed growth policy. (1) Prior to the submission of the proposed growth policy to the governing bodies, the board shall give notice and hold a public hearing on the growth policy.

(2) The board shall publish a notice of the time and place of the hearing as provided in 7-1-2121 if the governing body is a county commission or as provided in 7-1-4127 for a time period in accordance with 7-1-4127 (7)(b) if the governing body is a city commission or a town council.
Mont. Code Ann. § 76-3-621 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-621
76-3-621 Park dedication requirement
Status: in_force

76-3-621 . Park dedication requirement. (1) Except as provided in 76-3-509 or subsections (2), (3), and (6) through (9) of this section, a subdivider shall dedicate to the governing body a cash or land donation equal to:

(a) 11% of the area of the land proposed to be subdivided into parcels of one-half acre or smaller;

(b) 7.5% of the area of the land proposed to be subdivided into parcels larger than one-half acre and not larger than 1 acre;

(c) 5% of the area of the land proposed to be subdivided into parcels larger than 1 acre and not larger than 3 acres; and

(d) 2.5% of the area of the land proposed to be subdivided into parcels larger than 3 acres and not larger than 5 acres.

(2) When a subdivision is located totally within an area for which density requirements have been adopted pursuant to a growth policy under chapter 1 or pursuant to zoning regulations under chapter 2, the governing body may establish park dedication requirements based on the community need for parks and the development densities identified in the growth policy or regulations. Park dedication requirements established under this subsection are in lieu of those provided in subsection (1) and may not exceed 0.03 acres per dwelling unit.

(3) A park dedication may not be required for:

(a) land proposed for subdivision into parcels larger than 5 acres;

(b) subdivision into parcels that are all nonresidential;

(c) a subdivision in which parcels are not created, except when that subdivision provides for condominiums;

(d) a subdivision in which only one additional parcel is created; or

(e) except as provided in subsection (8), a first minor subdivision from a tract of record as described in 76-3-609 (2).

(4) If the subdivider does not choose a cash donation only, the governing body, in consultation with the subdivider and the planning board or park board that has jurisdiction, may determine suitable locations for parks and playgrounds and, giving due weight and consideration to the expressed preference of the subdivider, may determine whether the park dedication must be a land donation or a combination of both a land and cash donation. When a combination of land donation and cash donation is required, the cash donation may not exceed the proportional amount not covered by the land donation.

(5) (a) In accordance with the provisions of subsections (5)(b) and (5)(c), the governing body shall use the dedicated money or land for development, acquisition, or maintenance of parks to serve the subdivision.

(b) The governing body may use the dedicated money to acquire, develop, or maintain, within its jurisdiction, parks or recreational areas or for the purchase of public open space or conservation easements only if:

(i) the park, recreational area, open space, or conservation easement is within a reasonably close proximity to the proposed subdivision; and

(ii) the governing body has formally adopted a park plan that establishes the needs and procedures for use of the money.

(c) The governing body may not use more than 50% of the dedicated money for park maintenance.

(6) The local governing body shall waive the park dedication requirement if:

(a) (i) the preliminary plat provides for a planned unit development or other development with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the development; and

(ii) the area of the land and any improvements set aside for park and recreational purposes equals or exceeds the area of the dedication required under subsection (1);

(b) (i) the preliminary plat provides long-term protection of critical wildlife habitat; cultural, historical, or natural resources; agricultural interests; or aesthetic values; and

(ii) the area of the land proposed to be subdivided, by virtue of providing long-term protection provided for in subsection (6)(b)(i), is reduced by an amount equal to or exceeding the area of the dedication required under subsection (1);

(c) the area of the land proposed to be subdivided, by virtue of a combination of the provisions of subsections (6)(a) and (6)(b), is reduced by an amount equal to or exceeding the area of the dedication required under subsection (1); or

(d) (i) the subdivider provides for land outside of the subdivision to be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision; and

(ii) the area of the land and any improvements set aside for park and recreational uses equals or exceeds the area of dedication required under subsection (1).

(7) The local governing body may waive the park dedication requirement if:

(a) the subdivider provides land outside the subdivision that affords long-term protection of critical wildlife habitat, cultural, historical, or natural resources, agricultural interests, or aesthetic values; and

(b) the area of the land to be subject to long-term protection, as provided in subsection (7)(a), equals or exceeds the area of the dedication required under subsection (1).

(8) (a) A local governing body may, at its discretion, require a park dedication for:

(i) a subsequent minor subdivision as described in 76-3-609 (3); or

(ii) a first minor subdivision from a tract of record as described in 76-3-609 (2) if:

(A) the subdivision plat indicates development of condominiums or other multifamily housing;

(B) zoning regulations permit condominiums or other multifamily housing; or

(C) any of the lots are located within the boundaries of a municipality.

(b) A local governing body that chooses to require a park dedication shall specify in regulations the circumstances under which a park dedication will be required.

(9) Subject to the approval of the local governing body and acceptance by the school district trustees, a subdivider may dedicate a land donation provided in subsection (1) to a school district, adequate to be used for school facilities or buildings.

(10) For the purposes of this section:

(a) "cash donation" is the fair market value of the unsubdivided, unimproved land; and

(b) "dwelling unit" means a residential structure in which a person or persons reside.

(11) A land donation under this section may be inside or outside of the subdivision.
Mont. Code Ann. § 76-13-209 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-209
76-13-209 Disposition of assessments
Status: in_force

76-13-209 . Disposition of assessments. Money collected by the county treasurer pursuant to 76-13-207 must be remitted to the state for deposit in the state special revenue fund.
Mont. Code Ann. § 76-13-420 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-420
76-13-420 Notification prior to forest practices -- department response
Status: in_force

76-13-420 . Notification prior to forest practices -- department response. (1) An operator or, pursuant to subsection (3), an owner shall notify the department prior to conducting forest practices. The notification may be provided as part of the notification made with respect to an agreement under 76-13-408 .

(2) (a) Except as provided in subsection (3), within 5 working days, but not exceeding 7 calendar days, of receiving notification of forest practices, the department shall mail to the operator and, if an address has been provided, to the owner:

(i) a receipt of notification;

(ii) information on best management practices for forestry;

(iii) information on conservation district permit requirements related to stream crossings; and

(iv) any other information the department believes would assist the operator or the owner with conducting forest practices.

(b) The receipt of notification must include a statement that:

(i) forest practices may proceed; or

(ii) an onsite consultation is required prior to conducting forest practices.

(3) (a) An owner may submit to the department a notice providing an annual, semiannual, or quarterly operating plan that indicates the estimated starting date of forest practices for each timber sale planned by the owner during the operating period. The plan must be submitted no less than 15 days before the beginning of the operating period covered.

(b) Upon receipt of an operating plan, the department may:

(i) meet with the owner to review the proposed timber sales, discuss watershed concerns, and schedule onsite consultations at appropriate sites; or

(ii) provide a receipt of notification, as described in subsection (2)(b), for individual timber sales.

(c) If the department requires an onsite consultation for any of the timber sales, it shall notify the owner of this requirement as soon as possible but no less than 10 calendar days prior to the estimated starting date of forest practices associated with the timber sale. The onsite consultation must then be scheduled according to the provisions of 76-13-421 (2) through (4).
Mont. Code Ann. § 76-13-412 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-412
76-13-412 Violations
Status: in_force

76-13-412 . Violations. A person convicted of violating this part, except 76-13-408 (4), is guilty of a misdemeanor and shall be fined not less than $100 or more than $1,000.
Mont. Code Ann. § 76-25-202 — MT Code / Title 76 / Chapter 25 / Part 2 / Section 76-25-202
76-25-202 Update of land use plan or future land use map
Status: in_force

76-25-202 . Update of land use plan or future land use map. (1) After a local government adopts a land use plan and future land use map in accordance with 76-25-201 , the land use plan and future land use map must be reviewed by the planning commission every fifth year after adoption to determine whether an update to the land use plan and future land use map must be performed. The planning commission shall:

(a) make a preliminary determination regarding the existence of new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed when the land use plan and future land use map were previously adopted;

(b) provide public notice and participation in accordance with 76-25-106 ; and

(c) accept, consider, and respond to public comment on the review of the land use plan and future land use map. All public comment must be part of the administrative record transmitted to the governing body.

(2) (a) If the planning commission finds new or increased impacts under subsection (1), the planning commission shall recommend an update to the land use plan, future land use map, or both.

(b) If the planning commission finds no new or increased impacts under subsection (1), the planning commission shall make a recommendation to the governing body that no update to the land use plan or future land use map is necessary.

(3) After receiving the recommendation of the planning commission, the governing body may direct that an update of the land use plan, future land use map, or both be completed or may readopt the current land use plan, future land use map, or both.

(4) (a) In developing, drafting, and considering an update to the land use plan or future land use map, the planning commission shall follow the process set forth in 76-25-201 with respect to the changes proposed to the land use plan or future land use map.

(b) If the planning commission finds new or increased impacts resulting from the land use plan or future land use map, the local government shall collect additional data and conduct additional analysis necessary to provide the governing body and the public with the opportunity to comment on and consider all potential impacts resulting from an update to the land use plan or future land use map.

(5) At any time before an update is required after a review under subsection (1), the local governing body may direct that an update to the land use plan or future land use map be prepared for consideration by the planning commission and for recommendation to the governing body.

(6) Once an update to the land use plan or future land use map is adopted or the land use plan or future land use map is readopted, the information and analysis contained within the land use plan and future land use map must be considered accurate for the purposes of making site-specific development decisions in substantial compliance with the land use plan and future land use map.
Mont. Code Ann. § 76-12-116 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-116
76-12-116 Files and proceedings open to public
Status: in_force

76-12-116 . Files and proceedings open to public. All files and proceedings under this part shall be open to the public.
Mont. Code Ann. § 76-6-211 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-211
76-6-211 Who may enforce easement
Status: in_force

76-6-211 . Who may enforce easement. (1) The owner of any estate in a dominant tenement or the occupant of such tenement may maintain an action for the enforcement of an easement attached thereto.

(2) Public bodies holding conservation easements shall enforce the provisions of these easements.
Mont. Code Ann. § 76-15-624 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-624
76-15-624 Disposition of funds -- insufficient revenue
Status: in_force

76-15-624 . Disposition of funds -- insufficient revenue. (1) Funds produced each year by this special tax levy shall be available until spent.

(2) If this special tax levy in any year does not produce sufficient revenue to pay the project area expenses, a fund sufficient to pay the same may be accumulated.
Mont. Code Ann. § 76-2-205 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-205
76-2-205 Procedure for adoption and amendment of regulations and boundaries
Status: in_force

76-2-205 . Procedure for adoption and amendment of regulations and boundaries. (1) The board of county commissioners shall observe the procedures described in subsections (2) through (8) when establishing or revising boundaries for zoning districts and when adopting or amending zoning regulations.

(2) (a) Notice of a public hearing on the proposed zoning district boundaries and of regulations for the zoning district must state:

(i) the boundaries of the proposed district;

(ii) the general character of the proposed zoning regulations;

(iii) the time and place of the public hearing; and

(iv) that the proposed zoning regulations are on file for public inspection at the office of the county clerk and recorder.

(b) The notice must be:

(i) posted not less than 45 days before the public hearing in at least five public places, including but not limited to public buildings and adjacent to public rights-of-way, within the proposed district; and

(ii) published once a week for 2 weeks in a newspaper of general circulation within the county.

(3) At the public hearing, the board of county commissioners shall give the public an opportunity to be heard regarding the proposed zoning district and regulations.

(4) After the public hearing, the board of county commissioners shall review the proposals of the planning board and shall make any revisions or amendments that it determines to be proper.

(5) The board of county commissioners may pass a resolution of intention to create a zoning district and to adopt zoning regulations for the district.

(6) The board of county commissioners shall publish notice of passage of the resolution of intention once a week for 2 weeks in a newspaper of general circulation within the county. The notice must state:

(a) the boundaries of the proposed district;

(b) the general character of the proposed zoning regulations;

(c) that the proposed zoning regulations are on file for public inspection at the office of the county clerk and recorder; and

(d) that for 30 days after first publication of this notice, the board of county commissioners will receive written comments on the creation of the zoning district or to the zoning regulations from persons owning real property within the district whose names appear on the last-completed assessment roll of the county.

(7) Within 30 days after the expiration of the comment period, the board of county commissioners may in its discretion adopt the resolution creating the zoning district or establishing the zoning regulations for the district.

(8) (a) When amending a zoning regulation, the board of county commissioners shall provide notice of a public hearing on the proposed amendment to the zoning regulation.

(b) The notice must state:

(i) a general description of the changes to the regulation;

(ii) the time and place of the public hearing; and

(iii) that the original zoning regulation and any proposed amendments to the original zoning regulation are on file for public inspection at the office of the county clerk and recorder.

(c) The notice must be:

(i) posted not less than 15 days before the public hearing; and

(ii) published once a week for 2 weeks in a newspaper of general circulation within the county.

(d) The board of county commissioners may adopt a resolution amending the zoning regulation after the public hearing.
Mont. Code Ann. § 76-15-532 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-532
76-15-532 Limitations -- reduction or repeal of special administrative assessment
Status: in_force

76-15-532 . Limitations -- reduction or repeal of special administrative assessment. (1) In each year following the approval of the special administrative assessment as provided in 76-15-531 , the rate of the levy imposed for the special administrative assessment may not raise more revenue than was proposed in the resolution and approved by the qualified electors of the district.

(2) If the supervisors of the district reduce the amount of the special administrative assessment, they may not raise the assessment without the approval of the qualified electors of the district.

(3) On or before the second Monday in July, a petition, signed by at least 50% of the eligible voters within the district, calling for a reduction in or the repeal of the special administrative assessment for the ensuing fiscal year may be presented to the supervisors. Following verification of the signatures on the petition, the supervisors shall reduce or repeal the administrative assessment as specified in the petition.
Mont. Code Ann. § 76-15-407 — MT Code / Title 76 / Chapter 15 / Part 4 / Section 76-15-407
76-15-407 Selection and acquisition of water storage sites
Status: in_force

76-15-407 . Selection and acquisition of water storage sites. (1) Each conservation district within the state shall seek and may select at least one off-stream water storage site for the construction of a reservoir.

(2) If funding is available for a reservoir or other reclamation project, the conservation district shall acquire the site by purchase.

(3) Supervisors of conservation districts may designate sites for future construction of reservoirs. The supervisors shall designate such site by filing a legal description thereof in the office of the clerk and recorder of the county in which the site is located or the counties in which the site is located if it extends across the boundaries of two or more counties. Upon filing of such designation, the state of Montana, its agencies, or political subdivisions may not acquire the properties so designated for public purposes other than reservoir sites and may not construct any public facilities except reservoirs. Supervisors may cancel a site designation by filing notice with the clerk and recorder of the county or counties affected.
Mont. Code Ann. § 76-13-140 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-140
76-13-140 Legal representation for state firefighters
Status: in_force

76-13-140 . Legal representation for state firefighters. (1) The department shall pay reasonable attorney fees and costs for outside legal counsel to defend a firefighter employed by the department against a criminal prosecution for a good faith act or omission by the firefighter arising from the firefighter's performance of duties during a wildfire. The department may determine whether the firefighter's act or omission was in good faith and arising from the performance of the firefighter's duties during a wildfire. The requirement to pay attorney fees and costs does not apply to any postconviction legal proceedings.

(2) The department shall adopt rules to implement this section.
Mont. Code Ann. § 76-25-106 — MT Code / Title 76 / Chapter 25 / Part 1 / Section 76-25-106
76-25-106 Public participation
Status: in_force

76-25-106 . Public participation. (1) (a) A local government shall provide continuous public participation when adopting, amending, or updating a land use plan or regulations pursuant to this chapter.

(b) Public participation in the adoption, amendment, or update of a land use plan or implementing regulations must provide for, at a minimum:

(i) dissemination of draft documents;

(ii) an opportunity for written and verbal comments;

(iii) public meetings after effective notice;

(iv) electronic communication regarding the process, including online access to documents, updates, and comments; and

(v) an analysis of and response to public comments.

(2) A local government shall document and retain all public outreach and participation performed as part of the administrative record in accordance with the retention schedule published by the secretary of state.

(3) (a) A local government may decide the method for providing:

(i) general public notice and participation in the adoption, amendment, or update of a land use plan or regulation; and

(ii) notice of written comment on applications for land use permits pursuant to this chapter.

(b) All notices must clearly specify the nature of the land use plan or regulation under consideration, what type of comments the local government is seeking from the public, and how the public may participate.

(c) The local government shall document what methods it used to provide continuous participation in the development, adoption, or update of a land use plan or regulation and shall document all comments received.

(d) The department of commerce established in 2-15-1801 and functioning pursuant to 90-1-103 shall develop a list of public participation methods and best practices for use by local governments in developing, adopting, or updating a land use plan or regulations.

(4) Throughout the adoption, amendment, or update of the land use plan or regulation processes, a local government shall emphasize that:

(a) the land use plan is intended to identify the opportunities for development of land within the planning area for housing, businesses, agriculture, and the extraction of natural resources, while acknowledging and addressing the impacts of that development on adjacent properties, the community, the natural environment, public services and facilities, and natural hazards;

(b) the process provides for continuous and extensive public notice, review, comment, and participation in the development of the land use plan or regulation; and

(c) the final adopted land use plan, including amendments or updates to the final adopted land use plan, comprises the basis for implementing land use regulations in substantial compliance with the land use plan.

(5) The local governing body shall adopt a public participation plan detailing how the local government will meet the requirements of this section.
Mont. Code Ann. § 76-15-725 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-725
76-15-725 Board decision
Status: in_force

76-15-725 . Board decision. (1) If, upon the facts presented at the hearing, the board of adjustment determines that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land use regulations upon the lands of the petitioner, it shall make and record that determination and shall make and record findings of fact as to the specific conditions which establish the great practical difficulties or unnecessary hardship.

(2) Upon the basis of the findings and determination, the board of adjustment may order a variance from the terms of the land use regulations in their application to the lands of the petitioner that:

(a) will relieve the great practical difficulties or unnecessary hardship;

(b) will not be contrary to the public interest; and

(c) will be such that the spirit of the land use regulations is observed, the public health, safety, and welfare is secured, and substantial justice is done.
Mont. Code Ann. § 76-14-101 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-101
76-14-101 Short title
Status: in_force

76-14-101 . Short title. This part shall be known as the "Montana Rangeland Resources Act".
Mont. Code Ann. § 76-5-101 — MT Code / Title 76 / Chapter 5 / Part 1 / Section 76-5-101
76-5-101 Findings
Status: in_force

76-5-101 . Findings. The people of the state of Montana find that:

(1) recurrent flooding of a portion of the state's land resources causes loss of life, damage to property, disruption of commerce and governmental services, and unsanitary conditions; all of which are detrimental to the health, safety, welfare, and property of the occupants of flooded lands and the people of this state; and

(2) the public interest necessitates management and regulation of flood-prone lands and waters in a manner consistent with sound land and water use management practices which will prevent and alleviate flooding threats to life and health and reduce private and public economic losses.
Mont. Code Ann. § 76-25-402 — MT Code / Title 76 / Chapter 25 / Part 4 / Section 76-25-402
76-25-402 Exemptions to subdivision review
Status: in_force

76-25-402 . Exemptions to subdivision review. (1) The following divisions of land, if made in substantial compliance with zoning regulations adopted pursuant to Title 76, chapter 25, part 3, are not subject to the requirements of this chapter:

(a) subject to subsection (2), the creation of four or fewer new lots or parcels from an original lot or parcel:

(i) by order of a court of record in this state;

(ii) by operation of law; or

(iii) that, in the absence of agreement between the parties to a sale, could be created by court order in this state pursuant to the law of eminent domain, Title 70, chapter 30;

(b) subject to subsection (3), the creation of a lot to provide security for mortgages, liens, or trust indentures for the purpose of construction, improvements to the land being divided, or refinancing, if the land that is divided is not conveyed to any entity other than the financial or lending institution to which the mortgage, lien, or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien, or trust indenture;

(c) the creation of an interest in oil, gas, minerals, or water that is severed from the surface ownership of real property;

(d) the creation of cemetery lots;

(e) the reservation of a life estate on a portion of a tract of record;

(f) the lease or rental of a portion of a tract of record for farming and agricultural purposes;

(g) the division of property over which the state does not have jurisdiction;

(h) the creation of rights-of-way or utility sites;

(i) the creation of condominiums, townhomes, townhouses, or conversions, as those terms are defined in 70-23-102 , when any applicable park dedication requirements as set forth in Title 76, chapter 25, part 3, are complied with;

(j) the lease or rental of contiguous airport-related land owned by a city, a county, the state, or a municipal or regional airport authority;

(k) subject to subsection (4), a division of state-owned land, unless the division creates a second or subsequent residential parcel from a single tract for sale, rent, or lease after July 1, 1974;

(l) the creation of lots by deed, contract, lease, or other conveyance executed prior to July 1, 1974;

(m) the relocation of common boundary lines between or aggregations of adjoining properties that does not result in an increase in the number of lots;

(n) a single gift or sale in each county to each member of the landowner's immediate family; or

(o) subject to subsection (5), the creation of lots by deed, contract, lease, or other conveyance in which the landowner enters into a covenant with the governing body that runs with the land that provides that the divided land must be used exclusively for agricultural purposes.

(2) Before a court of record orders a division of land under subsection (1)(a), the court shall notify the governing body of the pending division and allow the governing body to present written comment on the division.

(3) A transfer of divided land by the owner of the property at the time that the land was divided to any party other than those identified in subsection (1)(b) subjects the division of land to the requirements of this chapter.

(4) Instruments of transfer of land that is acquired for state highways may refer by parcel and project number to state highway plans that have been recorded in compliance with 60-2-209 and are exempted from the surveying and platting requirements of this chapter. If the parcels are not shown on highway plans of record, instruments of transfer of the parcels must be accompanied by and refer to appropriate certificates of survey and plats when presented for recording.

(5) The governing body, in its discretion, may revoke the covenant provided for in subsection (1)(o) without subdivision review if the original lot lines are restored through aggregation of the covenanted land prior to or in conjunction with the revoking of the covenant.
Mont. Code Ann. § 76-15-404 — MT Code / Title 76 / Chapter 15 / Part 4 / Section 76-15-404
76-15-404 Acquisition and management of property
Status: in_force

76-15-404 . Acquisition and management of property. (1) A conservation district and the supervisors thereof shall have the power to obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise any property (real or personal) or rights or interests therein; to maintain, administer, and improve any properties acquired; to receive income from such properties; to expend such income in carrying out the purposes and provisions of this chapter; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and provisions of this chapter.

(2) All such property shall be exempt from taxation by the state or any political subdivision thereof.
Mont. Code Ann. § 76-16-108 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-108
76-16-108 Nature of rights
Status: in_force

76-16-108 . Nature of rights. (1) Grazing preferences or rights under this chapter through the creation of the state district or the issuance of permits based on AUMs of grazing preference are statutory and do not create any vested right, title, interest, or estate in or to the lands owned or controlled by the state district except as provided in this chapter.

(2) A person who chooses to become a member of a state district is bound by all the provisions of this chapter and is limited to the statutory remedies contained in this chapter, and a court has no jurisdiction to consider any right claimed under this chapter except by judicial review from the final decision of the commission as provided in this chapter.
Mont. Code Ann. § 76-12-123 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-123
76-12-123 Natural areas account
Status: in_force

76-12-123 . Natural areas account. (1) There is a natural areas special revenue account within the state special revenue fund established in 17-2-102 .

(2) The natural areas account may receive funds from any source as gifts.

(3) The department may spend funds accepted as gifts in accordance with the purposes of this part, including administration of a natural areas program.
Mont. Code Ann. § 76-3-609 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-609
76-3-609 Review procedure for minor subdivisions -- determination of sufficiency of application -- governing body to adopt regulations
Status: in_force

76-3-609 . Review procedure for minor subdivisions -- determination of sufficiency of application -- governing body to adopt regulations. (1) Except as provided in subsections (6) through (8), minor subdivisions must be reviewed as provided in this section and subject to the applicable local regulations adopted pursuant to 76-3-504 .

(2) If the tract of record proposed to be subdivided has not been subdivided or created by a subdivision under this chapter or has not resulted from a tract of record that has had more than five parcels created from that tract of record under 76-3-201 or 76-3-207 since October 1, 2003, then the proposed subdivision is a first minor subdivision from a tract of record and, when legal and physical access to all lots is provided, must be reviewed as follows:

(a) Except as provided in subsection (2)(b), the governing body shall approve, conditionally approve, or deny the first minor subdivision from a tract of record within 35 working days of a determination by the reviewing agent or agency that the application contains required elements and sufficient information for review. The determination and notification to the subdivider must be made in the same manner as is provided in 76-3-604 (1) through (3).

(b) The subdivider and the reviewing agent or agency may agree to an extension or suspension of the review period, not to exceed 1 year.

(c) Except as provided in subsection (2)(d)(ii), an application must include a summary of the probable impacts of the proposed subdivision based on the criteria described in 76-3-608 (3).

(d) The following requirements do not apply to the first minor subdivision from a tract of record as provided in subsection (2):

(i) the requirement to prepare an environmental assessment; and

(ii) the requirement to review the subdivision for the criteria contained in 76-3-608 (3)(a) if the minor subdivision is proposed in the portion of a jurisdictional area that has adopted zoning regulations that address the criteria in 76-3-608 (3)(a).

(e) The governing body or its authorized agent or agency may not hold a public hearing or a subsequent public hearing under 76-3-615 for a first minor subdivision from a tract of record as described in subsection (2).

(f) The governing body may adopt regulations that establish requirements for the expedited review of the first minor subdivision from a tract of record. The following apply to a proposed subdivision reviewed under the regulations:

(i) except as provided in subsection (2)(d), the provisions of 76-3-608 (3); and

(ii) the provisions of Title 76, chapter 4, part 1, whenever approval is required by those provisions.

(3) Except as provided in 76-3-616 and subsection (4) of this section, any minor subdivision that is not a first minor subdivision from a tract of record, as provided in subsection (2), is a subsequent minor subdivision and must be reviewed as provided in 76-3-601 through 76-3-605 , 76-3-608 , 76-3-610 through 76-3-614 , and 76-3-620 .

(4) The governing body may adopt subdivision regulations that establish requirements for review of subsequent minor subdivisions that meet or exceed the requirements that apply to the first minor subdivision, as provided in subsection (2) and this chapter.

(5) (a) Review and approval, conditional approval, or denial of a subdivision under this chapter may occur only under those regulations in effect at the time that a subdivision application is determined to contain sufficient information for review as provided in subsection (2).

(b) If regulations change during the period that the application is reviewed for required elements and sufficient information, the determination of whether the application contains the required elements and sufficient information must be based on the new regulations.

(6) First and subsequent minor subdivisions must be reviewed using the administrative process provided for in subsection (7) if the proposed subdivision:

(a) is located in an area that is subject to and complies with zoning regulations adopted pursuant to Title 76, chapter 2, part 2 or 3, that, at a minimum, address development intensity through densities, bulk and dimensional requirements, and use standards;

(b) has a will-serve letter from a municipal water and sewer service or by a county water and/or sewer district created under 7-13-2203 that supplies both water and sewer services;

(c) has existing legal and physical access to each lot; and

(d) does not require a variance to any of the contents of the subdivision regulations required in 76-3-504 (1)(g).

(7) An administrative minor subdivision meeting the requirements of subsection (6) is exempt from:

(a) submitting the summary of probable impacts based on criteria described in 76-3-608 (3) and the environmental assessment required in 76-3-603 ;

(b) the review criteria described in 76-3-608 (3)(a); and

(c) the requirements of subsections (2) through (5) of this section.

(8) (a) For administrative minor subdivisions, the subdivision administrator appointed by the governing body shall:

(i) assume all decision-making authority of the governing body provided in 76-3-608 ;

(ii) approve, conditionally approve, or deny an administrative minor subdivision and issue a written statement pursuant to 76-3-620 within 30 working days of a determination by the reviewing agent or agency that the application contains required elements and sufficient information for review as provided in 76-3-604 (1) through (3); and

(iii) immediately on a determination that the application meets the requirements of 76-3-604 (1) through (3), notify by first-class mail of the pending application:

(A) each property owner of record whose property is immediately adjoining the land included in the preliminary plat; and

(B) each purchaser under contract for deed of property immediately adjoining the land included in the preliminary plat.

(b) If a party identified in 76-3-625 (3) objects to a subdivision administrator's decision to approve, conditionally approve, or deny an administrative minor subdivision, the party may request in writing that the subdivision administrator forward the application on to the governing body. The governing body shall sustain the subdivision administrator's decision based on the record as a whole unless the decision was arbitrary, capricious, or unlawful. The governing body has 15 working days from the receipt of the request to review a decision to approve, conditionally approve, or deny the administrative minor subdivision and make a final determination.

(9) As used in this section, "administrative minor subdivision" means a subdivision meeting the requirements of subsection (6). All the requirements of Title 76, chapter 3, except those exempt in subsections (7) and (8), apply to an administrative minor subdivision.
Mont. Code Ann. § 76-13-151 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-151
76-13-151 Good neighbor forestry accounts -- uses
Status: in_force

76-13-151 . Good neighbor forestry accounts -- uses. (1) There are good neighbor forestry special revenue accounts administered by the department within the state special revenue fund and the federal special revenue fund established in 17-2-102 .

(2) (a) All state proceeds allocated or budgeted for the purposes of the good neighbor policy established pursuant to 76-13-104 must be deposited in the state special revenue account provided for in subsection (1) of this section.

(b) Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source intended to be used for the purposes of the good neighbor policy established pursuant to 76-13-104 must be deposited in the appropriate account provided for in subsection (1) of this section.

(c) Federal funds received by the state through good neighbor agreements with the federal government must be deposited in the federal special revenue account provided for in subsection (1) to be used for the purposes of the good neighbor policy established pursuant to 76-13-104 .

(3) Funds in the accounts are statutorily appropriated, as provided in 17-7-502 , to the department only to carry out the provisions of the good neighbor policy established pursuant to 76-13-104 .
Mont. Code Ann. § 76-15-411 — MT Code / Title 76 / Chapter 15 / Part 4 / Section 76-15-411
76-15-411 Conditions to extend benefits to nonstate lands
Status: in_force

76-15-411 . Conditions to extend benefits to nonstate lands. As a condition to the extending of any benefits under this chapter to or the performance of work upon any lands not owned or controlled by this state or any of its agencies, the supervisors may require contributions in money, services, materials, or otherwise to any operations conferring such benefits and may require land occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion and prevent floodwater and sediment damages thereon.
Mont. Code Ann. § 76-5-107 — MT Code / Title 76 / Chapter 5 / Part 1 / Section 76-5-107
76-5-107 Federal supremacy
Status: in_force

76-5-107 . Federal supremacy. Parts 1 through 4 do not interfere with the right of the United States to regulate interstate commerce or the navigable waters of the United States.
Mont. Code Ann. § 76-15-508 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-508
76-15-508 Management of surplus funds
Status: in_force

76-15-508 . Management of surplus funds. The board of supervisors of a conservation district may invest any surplus funds of the district not needed for immediate use in the operations of the district or its activities, to pay bonds or coupons, or to meet current expenses in interest-bearing bonds or securities of the United States or of any agency of the United States if the bonds are guaranteed by the United States or in bonds of the state of Montana or any county or municipal corporation in said state. The board of supervisors of said district may require any funds of the district to be deposited with such depository or bank as may be designated by the board and likewise shall have authority to require the treasurer of the district to take from such depository a bond with corporate surety to ensure payment of any such deposit or to require such depository to pledge securities of the same kind as the district is authorized to invest its funds in to ensure payment of any such deposit.
Mont. Code Ann. § 76-16-317 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-317
76-16-317 Disposition of sale proceeds
Status: in_force

76-16-317 . Disposition of sale proceeds. (1) The proceeds of the sale must be applied by the sheriff, after first deducting the sheriff's costs and expenses, to the discharge of the claims and the costs of the proceedings in selling the property and to the payment of the damages, claims, and costs of the party taking up the livestock. The remainder of the proceeds, if any, may be paid over to the owner of the livestock, if known. If the owner is not known, then the remainder must be deposited with the county treasurer, who shall keep the remainder of the proceeds in a public fund to be designated state district fund (giving the name of the state district). A separate fund, styled as above, must be kept by the county treasurer for each state district within that county. The county treasurer shall record the number, type, and brands, if any, of animals sold, the amount received for the animals, and the amount of deductions. The record must be open to public inspection.

(2) A person claiming ownership of the livestock and submitting proof of ownership to the board of county commissioners within 1 year from date of sale is entitled to receive any excess received from the sale of the livestock, provided the claim is to the satisfaction of the board.

(3) Any money received from the sale of the livestock that is not claimed within 1 year after the sale must be transferred to the general fund of the county.
Mont. Code Ann. § 76-15-625 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-625
76-15-625 Limitation on special assessment
Status: in_force

76-15-625 . Limitation on special assessment. A special assessment to defray the expenses of a project area may be spread over a term of not to exceed 40 years.
Mont. Code Ann. § 76-15-402 — MT Code / Title 76 / Chapter 15 / Part 4 / Section 76-15-402
76-15-402 Development of soil and water conservation plans
Status: in_force

76-15-402 . Development of soil and water conservation plans. A conservation district and the supervisors thereof shall have the power to:

(1) develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion and for flood prevention and conservation, development, utilization, and disposal of water within the district, which plans shall specify in such detail as may be possible the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, range management, methods of cultivation, the growing of vegetation, cropping, range programs, tillage and grazing practices, and changes in use of land; and

(2) publish such plans and information and bring them to the attention of occupiers of lands within the district.
Mont. Code Ann. § 76-16-325 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-325
76-16-325 Compliance with commission orders required
Status: in_force

76-16-325 . Compliance with commission orders required. (1) If a state district or the directors of a state district fail to comply with an order of the commission, the commission may order a hearing on the order within the state district or county and cite the directors of the state district to appear before the commission.

(2) If upon the hearing it appears that the directors refuse to perform the duties of their office as provided in this part and as set forth in the articles of incorporation and the bylaws of the association or refuse to comply with a lawful order of the commission, the directors may be summarily removed from office by the commission, and the state district shall elect new officers. During the period until the election, the commission may operate and manage the affairs of the state district.

(3) The expense of operating and managing the affairs of a noncomplying state district must be paid by the noncomplying state district before it may be reinstated.
Mont. Code Ann. § 76-21-205 — MT Code / Title 76 / Chapter 21 / Part 2 / Section 76-21-205
76-21-205 Terminated
Status: in_force

76-21-205 . Terminated. Sec. 14, Ch. 652, L. 1983.
Mont. Code Ann. § 76-5-401 — MT Code / Title 76 / Chapter 5 / Part 4 / Section 76-5-401
76-5-401 Permissible open-space uses
Status: in_force

76-5-401 . Permissible open-space uses. The following open-space uses are permitted within the designated floodway to the extent that they are not prohibited by any other ordinance or statute and provided they do not require structures other than portable structures, fill, or permanent storage of materials or equipment:

(1) agricultural uses;

(2) industrial-commercial uses such as loading areas, parking areas, or emergency landing strips;

(3) private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife management and natural areas, alternative livestock ranches, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, or hiking and horseback riding trails;

(4) forestry, including processing of forest products with portable equipment;

(5) residential uses such as lawns, gardens, parking areas, and play areas;

(6) excavations subject to the issuance of a permit under 76-5-405 and 76-5-406 .
Mont. Code Ann. § 76-15-609 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-609
76-15-609 Area included in project area
Status: in_force

76-15-609 . Area included in project area. A project area may include a part or all of any district or may include areas in more than one district.
Mont. Code Ann. § 76-12-107 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-107
76-12-107 Methods of bringing land under part
Status: in_force

76-12-107 . Methods of bringing land under part. A natural area, as defined in 76-12-104 , may become subject to the provisions of this part in any of the following ways:

(1) designation by the board on lands controlled by the board;

(2) designation by the legislature on lands owned by the state of Montana;

(3) acquisition by the board by purchase with consent of the property owner of sufficient interests in private property to protect the natural area; provided, however, that transfer of surface property or development rights shall not alter the rights attending the subsurface estate if owned by another party;

(4) gift accepted by the board under the authority of 77-1-213 , including conservation easements, provided that lands accepted must be protected and managed as natural areas and money accepted must be used in accordance with the purposes of this part;

(5) trade of state-owned trust land for a natural area on federal, county, or private land, provided, however, that lands received in exchange for trust lands should be equal in value to the exchanged trust land and as closely as possible equal in area; or

(6) registration of land by the department, following appropriate documentation and owner consent, that has been designated, dedicated, or otherwise protected as a natural area by the owner, including a private landowner, public interest group, or other land management agency.
Mont. Code Ann. § 76-25-411 — MT Code / Title 76 / Chapter 25 / Part 4 / Section 76-25-411
76-25-411 Filing and recordation of plats and certificates of survey
Status: in_force

76-25-411 . Filing and recordation of plats and certificates of survey. (1) (a) Except as provided in subsection (1)(b), every final plat or certificate of survey must be filed for record with the county clerk and recorder before title to the land may be sold or transferred in any manner. The clerk and recorder of the county may not accept any final plat or certificate of survey for record that has not been approved in accordance with this part unless the final plat or certificate of survey is located in an area over which the state does not have jurisdiction.

(b) After the preliminary plat of a subdivision has been approved or conditionally approved, the subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following contract conditions are imposed and met:

(i) the purchasers of lots in the proposed subdivision make payments to an escrow agent, which must be a bank or savings and loan association chartered to do business in the state of Montana;

(ii) the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the subdivider until the final plat of the subdivision is filed with the county clerk and recorder;

(iii) if the final plat of the proposed subdivision is not filed with the county clerk and recorder within the approval period of the preliminary plat, the escrow agent shall immediately refund to each purchaser any payments the purchaser has made under the contract;

(iv) the county treasurer has certified that no real property taxes assessed and levied on the land to be divided are delinquent; and

(v) the following language is conspicuously set out in each contract: "The real property that is the subject of this contract has not been finally platted, and until a final plat identifying the property has been filed with the county clerk and recorder, title to the property may not be transferred in any manner".

(2) (a) Subject to subsection (2)(b), no division of land may be made unless the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be divided have been paid.

(b) (i) If a division of land includes centrally assessed property and the property taxes applicable to the division of land are not specifically identified in the tax assessment, the department of revenue shall prorate the taxes applicable to the land being divided on a reasonable basis. The owner of the centrally assessed property shall ensure that the prorated real property taxes and special assessments are paid on the land being sold before the division of land is made.

(ii) The county treasurer may accept the amount of the tax prorated pursuant to this subsection (2)(b) as a partial payment of the total tax that is due.

(3) (a) The county clerk and recorder shall maintain an index of all recorded and filed subdivision plats and certificates of survey.

(b) The index must list plats and certificates of survey by the quarter section, section, township, and range in which the platted or surveyed land lies and must list the recording or filing numbers of all plats or certificates of survey depicting lands lying within each quarter section. Each quarter section list must be definitive to the exclusion of all other quarter sections. The index must also list the names of all subdivision plats in alphabetical order and the place where filed.

(4) The recording of any plat made in compliance with the provisions of this chapter must serve to establish the identity of all lands shown on and being part of the plat. When lands are conveyed by reference to a plat, the plat itself or any copy of the plat properly certified by the county clerk and recorder as being a true copy thereof must be regarded as incorporated into the instrument of conveyance and must be received in evidence in all courts of this state.

(5) (a) Any plat prepared and recorded as provided in this part may be vacated either in whole or in part as provided by 7-5-2501 , 7-5-2502 , 7-14-2616 (1) and (2), 7-14-2617 , 7-14-4114 (1) and (2), and 7-14-4115 . Upon vacation, the governing body or the district court, as provided in 7-5-2502 , shall determine to which properties the title to the streets and alleys of the vacated portions must revert. The governing body or the district court, as provided in 7-5-2502 , shall take into consideration:

(i) the previous platting;

(ii) the manner in which the right-of-way was originally dedicated, granted, or conveyed;

(iii) the reasons stated in the petition requesting the vacation;

(iv) the parties requesting the vacation; and

(v) any agreements between the adjacent property owners regarding the use of the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions.

(b) Notwithstanding the provisions of subsection (5)(a), when any poleline, pipeline, or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public utility facility.

(6) (a) After a final subdivision plat has been filed for record with the county clerk and recorder, a homeowners' association may file a petition with the governing body to transfer title to the homeowners' association of any open spaces, parks, or similar common-use areas set aside in the final plat if the following conditions are met:

(i) the homeowners' association is organized in accordance with the covenants;

(ii) the covenants require the homeowners' association to maintain, repair, or insure the open spaces, parks, or similar common-use areas;

(iii) the governing body finds that it was the intent of the subdivider that the open spaces, parks, or similar common-use areas be owned by the homeowners' association; and

(iv) the property to be transferred is not owned by a person.

(b) The petition under subsection (6)(a) must be signed by an authorized representative of the homeowners' association.

(c) After a public hearing on the petition, the governing body shall issue written findings of fact and a decision based on the record. If the requirements of subsection (6)(a) have been met, the governing body shall approve the transfer. If the governing body approves the transfer, the approval must be recorded with the clerk and recorder.
Mont. Code Ann. § 76-15-410 — MT Code / Title 76 / Chapter 15 / Part 4 / Section 76-15-410
76-15-410 Disposition of excess water
Status: in_force

76-15-410 . Disposition of excess water. (1) The conservation district may dispose of water in excess of that needed to meet the requirements of prior appropriators by selling the excess water to any person who will apply the water to an agreed beneficial use within the state.

(2) In making sales under this section, the district shall allocate water on the basis of priorities established by each local district in accordance with 76-15-701 through 76-15-707 according to need and beneficial use.
Mont. Code Ann. § 76-15-608 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-608
76-15-608 Description of work or project area
Status: in_force

76-15-608 . Description of work or project area. In all resolutions, notices, orders, and determinations, it shall be sufficient to briefly describe the work or the project area or both.
Mont. Code Ann. § 76-15-210 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-210
76-15-210 Criteria for determining administrative practicability
Status: in_force

76-15-210 . Criteria for determining administrative practicability. (1) In making its determination, the department shall consider the attitudes of the qualified electors within the defined boundaries, the number of qualified electors eligible to vote in the referendum who voted, the proportion of the votes cast in the referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the qualified electors of the proposed district, the probable expense of carrying on erosion-control operations within the district, and other economic and social factors relevant to the determination, having due regard to the legislative determinations set forth in 76-15-101 and 76-15-102 .

(2) The department may not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless a majority of the votes cast in the referendum upon the proposition of creation of the district has been cast in favor of the creation of the district.
Mont. Code Ann. § 76-2-228 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-228
76-2-228 Awarding of costs upon appeal from board decision
Status: in_force

76-2-228 . Awarding of costs upon appeal from board decision. Costs may not be allowed against the board of county commissioners or the board of adjustment unless it appears to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.
Mont. Code Ann. § 76-8-101 — MT Code / Title 76 / Chapter 8 / Part 1 / Section 76-8-101
76-8-101 Definitions
Status: in_force

76-8-101 . Definitions. As used in this part, the following definitions apply:

(1) "Building" means a structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or property or for the operation of a business. The term includes a cell tower or multiple spaces for lease or rent under single ownership on which recreational vehicles as defined in 61-1-101 or mobile homes as defined in 15-24-201 will be placed. The term does not include a condominium or townhome.

(2) "Department" means the department of environmental quality provided for in 2-15-3501 .

(3) "Governing body" means the legislative authority for a city, town, county, or consolidated city-county government.

(4) "Landowner" means an owner of a legal or equitable interest in real property. The term includes an heir, successor, or assignee of the ownership interest.

(5) "Local reviewing authority" means a local department or board of health that is approved to conduct reviews under Title 76, chapter 4.

(6) "Supermajority" means:

(a) an affirmative vote of at least two-thirds of the present and voting members of a city or town council;

(b) a unanimous affirmative vote of the present and voting county commissioners in counties with three county commissioners;

(c) an affirmative vote of at least four-fifths of the present and voting county commissioners in counties with five commissioners;

(d) an affirmative vote of at least two-thirds of the present and voting county commissioners in counties with more than five commissioners; or

(e) an affirmative vote of at least two-thirds of the present and voting members of the governing body of a consolidated city-county government.

(7) "Tract" means an individual parcel of land that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office.
Mont. Code Ann. § 76-16-201 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-201
76-16-201 Procedure to incorporate state district
Status: in_force

76-16-201 . Procedure to incorporate state district. (1) If three or more persons who own or control commensurate property and are livestock operators within the area proposed to be created into a state district decide to incorporate a state district, they shall submit a statement in writing to the commission together with a plat showing the proposed boundaries of the area.

(2) The statement must set forth the name of the proposed state district, the county or counties in which the proposed state district is located, and the names and addresses of all operators of land and livestock units within the area. The commission may require any additional information it considers necessary.

(3) On receipt of the statement and plat and any additional information, the commission shall fix a time and place of a hearing for approval within the state district or county, which may not be less than 30 days or more than 60 days after receipt of the statement.
Mont. Code Ann. § 76-5-402 — MT Code / Title 76 / Chapter 5 / Part 4 / Section 76-5-402
76-5-402 Permissible uses within flood plain but outside floodway
Status: in_force

76-5-402 . Permissible uses within flood plain but outside floodway. Permits must be granted for the following uses within that portion of the flood plain not contained within the designated floodway to the extent that they are not prohibited by any other ordinance, regulation, or statute:

(1) any use permitted in the designated floodway;

(2) structures, including but not limited to residential, commercial, and industrial structures, provided that:

(a) the structures meet the minimum standards adopted by the department;

(b) residential structures are constructed so that the lowest floor elevation, including basements, is 2 feet above the 100-year flood elevation;

(c) commercial and industrial structures are either constructed as specified in subsection (2)(b) or are adequately floodproofed up to an elevation no lower than 2 feet above the 100-year flood elevation. The floodproofing must be in accordance with the minimum standards adopted by the department.
Mont. Code Ann. § 76-15-317 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-317
76-15-317 Cooperation with state agencies
Status: in_force

76-15-317 . Cooperation with state agencies. Agencies of this state which shall have jurisdiction over or be charged with the administration of any state-owned lands and of any county or other governmental subdivision of the state, which shall have jurisdiction over or be charged with the administration of any county-owned or other publicly owned lands lying within the boundaries of any district organized hereunder shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this chapter. The supervisors of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of land use regulations adopted pursuant to 76-15-701 through 76-15-707 shall have the force and effect of law over all such publicly owned lands and shall be in all respects observed by the agencies administering such lands.
Mont. Code Ann. § 76-13-113 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-113
76-13-113 Destruction of signs
Status: in_force

76-13-113 . Destruction of signs. Any person who shall destroy, deface, remove, injure, or disfigure any sign, placard, proclamation, order, warning, or notice issued by any federal, state, or forest protection agency under the provisions of this part or part 2 and erected or posted at any point in the state shall be guilty of a misdemeanor.
Mont. Code Ann. § 76-1-406 — MT Code / Title 76 / Chapter 1 / Part 4 / Section 76-1-406
76-1-406 Tax levy by municipalities authorized
Status: in_force

76-1-406 . Tax levy by municipalities authorized. Subject to 15-10-420 , the governing body of any city or town represented on a planning board may levy a tax upon the taxable value of all taxable property located within the city or town for planning board purposes, under procedures set forth in Title 7, chapter 6, part 40.
Mont. Code Ann. § 76-15-515 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-515
76-15-515 Regular assessment
Status: in_force

76-15-515 . Regular assessment. The regular assessment in any 1 year is subject to 15-10-420 . The valuation must be determined according to the last assessment roll.
Mont. Code Ann. § 76-13-403 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-403
76-13-403 Supervision by department
Status: in_force

76-13-403 . Supervision by department. The department shall adopt and enforce rules by October 1, 2000, to supervise and inspect the fire hazard reduction or management of all fire hazards created by forest products harvesting, timber stand improvement, and right-of-way clearing on private forest lands in the state, recognizing the benefits of slash retention.
Mont. Code Ann. § 76-7-202 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-202
76-7-202 Duration of environmental control easements
Status: in_force

76-7-202 . Duration of environmental control easements. An environmental control easement may be granted either in perpetuity or for a term of years. An environmental control easement may not be approved for a term of years unless it includes provisions that ensure that public health, safety, and welfare and the environment are protected beyond the expiration of the easement.
Mont. Code Ann. § 76-15-547 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-547
76-15-547 Rules for loan program
Status: in_force

76-15-547 . Rules for loan program. The district shall adopt rules:

(1) prescribing the form and content of applications for loans and plans for the resource conservation practice;

(2) governing the application of the criteria and preferences for awarding loans;

(3) providing for the servicing of loans, including arrangements for obtaining security interests and the establishment of reasonable fees or charges;

(4) providing for the confidentiality of financial statements submitted;

(5) prescribing the conditions for making loans;

(6) establishing the interest rate, if any, for the loans; and

(7) determining the type and amount of security interest in real estate that will be accepted and any conditions to be made upon the security interest.
Mont. Code Ann. § 76-15-305 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-305
76-15-305 Transition to seven supervisors
Status: in_force

76-15-305 . Transition to seven supervisors. (1) At the time of reorganization under 76-15-301 (2), the department shall appoint:

(a) one supervisor for a term to coincide with the terms of those elected supervisors whose terms will expire after the next general election; and

(b) one supervisor for a term to coincide with the terms of those elected supervisors whose terms will expire after the general election following the next general election.

(2) The supervisor positions held by the appointed supervisors become open for election at the time the terms expire. A district having seven supervisors shall alternately elect four and three supervisors at succeeding general elections.
Mont. Code Ann. § 76-13-154 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-154
76-13-154 Federal forest management projects -- attorney general authority to intervene
Status: in_force

76-13-154 . Federal forest management projects -- attorney general authority to intervene. (1) The attorney general has the authority to intervene in litigation or appeals on federal forest management projects.

(2) The authority provided in subsection (1) includes the authority to:

(a) fulfill the purposes of Title 76, chapter 13, to intervene in litigation or appeals on federal forest management projects that could affect watershed protection or restoration; and

(b) intervene in litigation involving projects that lie within a landscape-scale insect and disease area designated by the U.S. department of agriculture pursuant to the Healthy Forests Restoration Act of 2003 and the Agricultural Act of 2014.