Mont. Code Ann. § 76-13-107 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-107
76-13-107 Classification of forest lands
Status: in_force

76-13-107 . Classification of forest lands. The department may classify the forest land areas of the state for which conservation and fire protection measures are reasonably required and change or modify the classification from time to time as in its judgment is proper.
Mont. Code Ann. § 76-3-206 — MT Code / Title 76 / Chapter 3 / Part 2 / Section 76-3-206
76-3-206 Exemption for conveyances executed prior to July 1, 1974
Status: in_force

76-3-206 . Exemption for conveyances executed prior to July 1, 1974. This chapter shall not be applicable to deeds, contracts, leases, or other conveyances executed prior to July 1, 1974.
Mont. Code Ann. § 76-15-701 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-701
76-15-701 Adoption of land use regulations
Status: in_force

76-15-701 . Adoption of land use regulations. (1) The supervisors of any district shall have authority to formulate regulations governing the use of lands within the district in the interest of conserving soil and water resources and preventing and controlling erosion. The supervisors may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work.

(2) The supervisors shall not have authority to enact such land use regulations into law until after they shall have caused due notice to be given of their intention to order a referendum for submission of such regulations to the qualified electors within the boundaries of the district for their indication of approval or disapproval of such proposed regulations and until after the supervisors have considered the result of such referendum.
Mont. Code Ann. § 76-1-211 — MT Code / Title 76 / Chapter 1 / Part 2 / Section 76-1-211
76-1-211 Membership of county planning board
Status: in_force

76-1-211 . Membership of county planning board. (1) County planning boards consist of not less than five members appointed by the board of county commissioners. At least one member of a county planning board existing on or formed after July 1, 1973, must be a member of the governing board of a conservation district as provided for in chapter 15, an associate member of a conservation district designated by the governing board of a conservation district, or a member of a state cooperative grazing district if officers of either of the districts or the designated associate member of a conservation district reside in the county.

(2) If a city or town subsequently becomes represented on the county planning board pursuant to 76-1-111 , additional members of the planning board representing the cities or towns must be appointed by the respective city councils.
Mont. Code Ann. § 76-15-901 — MT Code / Title 76 / Chapter 15 / Part 9 / Section 76-15-901
76-15-901 Short title
Status: in_force

76-15-901 . Short title. This part may be cited as the "Coal Bed Methane Protection Act".
Mont. Code Ann. § 76-13-112 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-112
76-13-112 Penalty for violation
Status: in_force

76-13-112 . Penalty for violation. (1) Unless otherwise provided by this part or part 2, a person who violates this part or part 2 or any rule adopted pursuant to this part or part 2 is guilty of a misdemeanor and shall be punished by a fine of not more than $500 or imprisonment in a county jail for not more than 6 months or both.

(2) Actions to prosecute criminal violations of this part or part 2 or any rule adopted pursuant to this part or part 2 must be conducted by the city attorney, county attorney, or attorney general.
Mont. Code Ann. § 76-1-109 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-109
76-1-109 Interaction of local government and city-county planning board
Status: in_force

76-1-109 . Interaction of local government and city-county planning board. The governing bodies of the city or county shall give consideration to recommendations of the city-county planning board, but the governing bodies shall not be bound by such recommendations.
Mont. Code Ann. § 76-2-226 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-226
76-2-226 Appeals to board of adjustment
Status: in_force

76-2-226 . Appeals to board of adjustment. (1) Appeals to the board of adjustment may be taken by any person or persons, jointly or severally, aggrieved by a decision of the administrative officer or by an officer, department, board, or bureau of the county affected by any decision of the administrative officer. The appeal must be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds of the appeal.

(2) The officer from whom the appeal is taken shall transmit to the board in a timely manner all papers constituting the record upon which the action appealed was taken.

(3) An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with the officer that by reason of facts stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life or property. In that case, proceedings may not be stayed except by a restraining order, which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(4) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice of the hearing as well as due notice to the parties in interest, and decide the appeal within a reasonable time.

(5) At the hearing, a party may appear in person or by the party's attorney.
Mont. Code Ann. § 76-13-903 — MT Code / Title 76 / Chapter 13 / Part 9 / Section 76-13-903
76-13-903 Definitions
Status: in_force

76-13-903 . Definitions. For the purposes of this part, the following definitions apply:

(1) "Certified prescribed fire manager" means a person who has successfully completed a prescribed fire manager certification program approved by the department and who is in good standing with the department.

(2) "Department" means the department of natural resources and conservation provided for in 2-15-3301 .

(3) "Prescribed fire" means an intentionally set fire that meets specific predefined land management objectives and that is done under specific weather conditions, in accordance with applicable laws, rules, and policies.
Mont. Code Ann. § 76-2-215 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-215
76-2-215 Accessory dwelling units -- regulations -- restrictions
Status: in_force

76-2-215 . Accessory dwelling units -- regulations -- restrictions. (1) (a) In jurisdictional areas where the board of county commissioners has established zoning regulations under this part, the regulations must allow a minimum of one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.

(b) An accessory dwelling unit may be attached, detached, or internal to the single-family dwelling on a lot or parcel.

(2) A county may not:

(a) require that an accessory dwelling unit match the exterior design, roof pitch, or finishing materials of the single-family dwelling;

(b) require that the single-family dwelling or the accessory dwelling unit be occupied by the owner;

(c) require a familial, marital, or employment relationship between the occupants of the single-family dwelling and the occupants of the accessory dwelling unit;

(d) assess impact fees on the construction of an accessory dwelling unit;

(e) require improvements to public streets as a condition of permitting an accessory dwelling unit, except as necessary to reconstruct or repair a public street that is disturbed as a result of the construction of the accessory dwelling unit;

(f) set maximum building heights, minimum setback requirements, minimum lot sizes, maximum lot coverages, or minimum building frontages for accessory dwelling units that are more restrictive than those for the single-family dwelling on the lot;

(g) impose more onerous development standards on an accessory dwelling unit beyond those set forth in this section; or

(h) require a restrictive covenant concerning an accessory dwelling unit on a parcel zoned for residential use by a single-family dwelling. This subsection (2)(h) may not be construed to prohibit restrictive covenants concerning accessory dwelling units entered into between private parties, but the county may not condition a permit, license, or use of an accessory dwelling unit on the adoption or implementation of a restrictive covenant entered into between private parties.

(3) Nothing in this section prohibits a county from regulating short-term rentals as defined in 15-68-101 .

(4) A county may require a fee for reviewing applications to create accessory dwelling units. The one-time application fee may be up to $250 for each accessory dwelling unit. Nothing in this section prohibits a county from requiring its usual building fees in addition to the application fee.

(5) A county that has not adopted or amended regulations pursuant to this section by October 1, 2025, shall review and permit accessory dwelling units in accordance with the requirements of this section until regulations are adopted or amended. Regulations in effect on or after October 1, 2025, that apply to accessory dwelling units and do not comply with this section are void.

(6) The provisions of this section do not supersede applicable building codes, fire codes, or public health and safety regulations adopted pursuant to Title 50, chapter 2.

(7) (a) A county may require an expedited sanitation review as allowed in subsection (7)(b).

(b) The department of environmental quality shall provide for a 15-day expedited sanitation review under 76-4-130 for an accessory dwelling unit that is being added to a parcel with existing public water and wastewater service that has capacity for the accessory dwelling unit.

(8) Nothing in this section prohibits a county from adopting regulations that are more permissive than the accessory dwelling unit provisions provided in this section.

(9) For the purposes of this section:

(a) "accessory dwelling unit" means a self-contained living unit on the same parcel as a single-family dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and complies with or is otherwise exempt from any applicable building code, fire code, and public health and safety regulations adopted pursuant to Title 50, chapter 2;

(b) "by right" means the ability to be approved without requiring:

(i) a public hearing;

(ii) a variance, conditional use permit, special permit, or special exception; or

(iii) other discretionary zoning action other than a determination that a site plan conforms with applicable zoning regulations;

(c) "county" means a county that exercises zoning powers under this part;

(d) "gross floor area" means the interior habitable area of a single-family dwelling or an accessory dwelling unit; and

(e) "single-family dwelling" means a building with one or more rooms designed for residential living purposes by one household that is detached from any other dwelling unit. (Subsection (7) terminates September 30, 2029--sec. 4, Ch. 619, L. 2025.)
Mont. Code Ann. § 76-1-212 — MT Code / Title 76 / Chapter 1 / Part 2 / Section 76-1-212
76-1-212 Citizen members of county planning board
Status: in_force

76-1-212 . Citizen members of county planning board. (1) The citizen members of the county planning board shall be resident freeholders in the area over which the planning board has jurisdiction.

(2) Any citizen appointee may be removed from office by a majority vote of the governing body of the governmental unit represented by such appointee.
Mont. Code Ann. § 76-15-102 — MT Code / Title 76 / Chapter 15 / Part 1 / Section 76-15-102
76-15-102 Declaration of policy
Status: in_force

76-15-102 . Declaration of policy. It is hereby declared to be the policy of the legislature to provide for the conservation of soil and soil resources of this state, for the control and prevention of soil erosion, for the prevention of floodwater and sediment damages, and for furthering the conservation, development, utilization, and disposal of water and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety, and general welfare of the people of this state.
Mont. Code Ann. § 76-15-204 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-204
76-15-204 Determination of need for district
Status: in_force

76-15-204 . Determination of need for district. (1) After the hearing, if the department determines, upon the facts presented at the hearing and upon other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a conservation district to function in the territory considered at the hearing, it shall make and record that determination and shall define, by metes and bounds or by legal subdivisions, the boundaries of the district.

(2) If the department determines after the hearing, after due consideration of the relevant facts, that there is no need for a conservation district to function in the territory considered at the hearing, it shall make and record that determination and shall deny the petition. After 6 months have expired from the date of the denial of a petition, subsequent petitions covering the same or substantially the same territory may be filed and a new hearing held and determinations made on the petitions.
Mont. Code Ann. § 76-15-216 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-216
76-15-216 Limitation on territory included in district
Status: in_force

76-15-216 . Limitation on territory included in district. The boundaries of the district must include the territory as determined by the department, but may not include any area included within the boundaries of another conservation district.
Mont. Code Ann. § 76-15-702 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-702
76-15-702 Referendum on proposed land use regulations
Status: in_force

76-15-702 . Referendum on proposed land use regulations. (1) The proposed regulations shall be embodied in a proposed ordinance. Copies of such proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum.

(2) The notices of the referendum shall recite the contents of such proposed ordinance or shall state where copies of such proposed ordinance may be examined. The question shall be submitted by ballots upon which the words "For approval of proposed ordinance No. ...., prescribing land use regulations for conservation of soil and prevention of erosion" and "Against approval of proposed ordinance No. ...., prescribing land use regulations for conservation of soil and prevention of erosion" shall appear, with a square before each proposition and a direction to insert an "X" mark in the square before one or the other of said propositions as the voter may favor or oppose approval of such proposed ordinance.

(3) The supervisors shall publish the result of the referendum. All registered electors within the district shall be eligible to vote in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.
Mont. Code Ann. § 76-15-1015 — MT Code / Title 76 / Chapter 15 / Part 10 / Section 76-15-1015
76-15-1015 Services contracts
Status: in_force

76-15-1015 . Services contracts. Contracts for architectural, engineering, and land surveying services as defined in 18-8-202 must comply with the state public procurement requirements of Title 18, chapter 8, part 2.
Mont. Code Ann. § 76-15-505 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-505
76-15-505 Authorization to borrow money -- limitations
Status: in_force

76-15-505 . Authorization to borrow money -- limitations. (1) If, after the levy of the annual assessments for the current year, the board of supervisors finds that, because of some unusual or unforeseen cause, funds raised through the collection of the assessments and from other sources will not be sufficient for the proper maintenance and operation of the district and the works in the district, the board of supervisors may:

(a) borrow additional funds needed in an amount not to exceed 50 cents per acre for the lands within the district and may pledge the credit of the district for the payment of the funds; or

(b) request the county commissioners to issue and register warrants in anticipation of further collections.

(2) Subject to 15-10-420 , the board of supervisors shall include in the levy for the ensuing year the amount required to pay the loan or to retire the warrants. The warrants may not exceed 90% of the assessment for the year.
Mont. Code Ann. § 76-6-101 — MT Code / Title 76 / Chapter 6 / Part 1 / Section 76-6-101
76-6-101 Short title
Status: in_force

76-6-101 . Short title. This chapter may be cited as the "Open-Space Land and Voluntary Conservation Easement Act".
Mont. Code Ann. § 76-3-102 — MT Code / Title 76 / Chapter 3 / Part 1 / Section 76-3-102
76-3-102 Statement of purpose
Status: in_force

76-3-102 . Statement of purpose. It is the purpose of this chapter to:

(1) promote the public health, safety, and general welfare by regulating the subdivision of land;

(2) prevent overcrowding of land;

(3) lessen congestion in the streets and highways;

(4) provide for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public requirements;

(5) require development in harmony with the natural environment;

(6) promote preservation of open space;

(7) promote cluster development approaches that minimize costs to local citizens and that promote effective and efficient provision of public services;

(8) protect the rights of property owners;

(9) require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey; and

(10) provide for phased developments.
Mont. Code Ann. § 76-2-308 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-308
76-2-308 Enforcement and interpretation of zoning regulations and ordinances
Status: in_force

76-2-308 . Enforcement and interpretation of zoning regulations and ordinances. (1) The city or town council or other legislative body may provide by ordinance for the enforcement of this part and of a regulation or ordinance made under the provisions of this part.

(2) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this part or of any ordinance or other regulation made under authority conferred by this part, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or 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 the building, structure, or land; or

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

(3) 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. § 76-1-111 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-111
76-1-111 Representation of county or additional cities or towns on existing boards
Status: in_force

76-1-111 . Representation of county or additional cities or towns on existing boards. (1) Any city, county, or town or any combination of cities, counties, or towns wishing to be represented upon an existing planning board may, by agreement of the governing body or bodies then represented on the board, obtain representation on the board and share in the membership duties and costs of the board upon a basis agreeable to the governing body or bodies creating the board.

(2) The membership, as well as the jurisdictional area of any board, may be increased to provide for representation and planning of any additional cities, counties, or towns seeking representation.

(3) Any city, county, or town that becomes represented upon an existing planning board pursuant to this section may appropriate funds for expenses necessary to cover the costs of representation. Subject to 15-10-420 , the governing bodies of any represented city, county, or town may levy on all property that is added to the jurisdictional area of an existing board by representation a tax for planning board purposes under procedures set forth in Title 7, chapter 6, part 40.
Mont. Code Ann. § 76-25-408 — MT Code / Title 76 / Chapter 25 / Part 4 / Section 76-25-408
76-25-408 Local review procedure for divisions of land
Status: in_force

76-25-408 . (Temporary) Local review procedure for divisions of land. (1) An applicant may request a preapplication submittal and response from the planning administrator prior to submitting a subdivision application. The preapplication review must take place no more than 30 business days from the date that the planning administrator receives a written request for a preapplication review from the subdivider.

(2) On receipt of an application for an exemption from subdivision review under 76-25-402 that contains all materials and information required by the governing body under subsection (5), the local government:

(a) shall approve or deny the application within 20 business days;

(b) may not impose conditions on the approval of an exemption from subdivision review except for conditions necessary to ensure compliance with the survey requirements of 76-25-412 (1); and

(c) may require the certificate of survey to be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before filing with the county clerk and recorder. The examining land surveyor shall certify compliance in a printed or stamped certificate signed by the surveyor on the certificate of survey. A professional land surveyor may not act as an examining land surveyor in regard to a certificate of survey in which the surveyor has a financial or personal interest.

(3) (a) When a proposed subdivision lies entirely within an incorporated city or is proposed for annexation into the city, the application and preliminary plat must be submitted to and approved by the city.

(b) Except as provided in subsection (3)(c), when a proposed subdivision lies entirely in an unincorporated area, the application and preliminary plat must be submitted to and approved by the county.

(c) If the proposed subdivision lies within an area subject to increased growth pressures, higher development densities, or other urban development influences identified by either jurisdiction in 76-25-213 , the jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on the application.

(d) If the proposed subdivision lies partly within an incorporated city, the application and preliminary plat must be submitted to and approved by both the city and the county governing bodies.

(4) A subdivision application is considered received on the date the application is delivered to the reviewing agent or agency if accompanied by the review fee.

(5) (a) The planning administrator has 20 business days to determine whether the application contains all information and materials necessary to complete the review of the application as set forth in the local subdivision regulations.

(b) The planning administrator may review subsequent submissions of the application only for information found to be deficient during the original review of the application under subsection (5)(a).

(c) A determination that an application contains sufficient information for review as provided in subsection (5)(a) does not ensure approval or conditional approval of the proposed subdivision and does not limit the ability of the planning administrator to request additional information during the review process.

(6) A subdivider may propose a phasing plan for approval with a preliminary plat. The phasing plan must include a phasing plan and map that demonstrates what lots will be included with each phase, what public facilities will be completed with each phase, and the timeline for the proposed phases.

(7) After accepting a complete application proposing subdivision of a site, the planning administrator shall make an initial determination of whether:

(a) the proposed subdivision, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning and subdivision regulations; and

(b) all impacts resulting from the proposed subdivision were previously analyzed and made available for public review and comment in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations.

(8) (a) If the planning administrator makes an initial determination that the proposed subdivision, with or without variances or deviations from adopted standards, meets the requirements of subsections (7)(a) and (7)(b), the planning administrator shall provide public notice of its initial determination in accordance with 76-25-106 (3)(a) and (3)(b) and a 15-business-day written public comment period during which the public must have an opportunity to comment on the initial determination.

(b) Unless public comment received on or before the last day of the comment period provided in subsection (8)(a) supports a determination that the proposed subdivision fails to meet either one or both of the requirements of subsection (7)(a) or (7)(b), the planning administrator shall issue written findings stating the results of the public comment and a final written decision approving, approving with conditions, or denying the application, which may be appealed as provided in 76-25-503 .

(c) If public comment received on or before the last day of the comment period in subsection (8)(a) provides evidence that the proposed subdivision fails to meet either one or both of the requirements of subsection (7)(a) or (7)(b), the planning administrator shall proceed with further review of the application as set forth in subsection (9).

(9) If the planning administrator makes an initial determination or public comment received under subsection (8)(c) provides evidence that a proposed subdivision of a site that, with or without variances or deviations from adopted standards, fails to meet either one or both of the requirements of subsection (7)(a) or (7)(b), the planning administrator shall proceed as follows:

(a) request the applicant to collect any additional data and perform any additional analysis necessary to provide the planning administrator and the public with the opportunity to comment on and consider the lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased potential impacts not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations;

(b) collect any additional data or perform any additional analysis that the planning administrator determines is necessary to provide the local government and the public with the opportunity to comment on and consider the lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased potential impacts not previously identified or considered in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations; and

(c) provide public notice of the planning administrator's initial or revised initial determination in accordance with 76-25-106 (3)(a) and (3)(b) and a written comment period of 15 business days during which the public must have an opportunity to participate in and comment on the data collected and analysis performed pursuant to subsections (9)(a) and (9)(b).

(10) Any additional data, analysis, comment, or consideration described in subsection (9) must be limited to the lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased potential impacts resulting from the proposed subdivision to the extent that the impact was not previously identified in the adoption, amendment, or update of the land use plan, zoning regulations, zoning map, or subdivision regulations

(11) Within 30 business days of the end of the written comment period provided in subsection (9)(c), the planning administrator shall issue written findings stating the results of the public comment and shall issue a written decision to approve, conditionally approve, or deny a proposed subdivision application, which may be appealed as provided in 76-25-503 .

(12) The basis of the decision to approve, conditionally approve, or deny a proposed preliminary plat is based on the administrative record as a whole and a finding that the proposed subdivision:

(a) meets the requirements and standards of this chapter;

(b) meets the survey requirements provided in 76-25-412 (1);

(c) provides the necessary easements within and to the proposed subdivision for the location and installation of any planned utilities; and

(d) provides the necessary legal and physical access to each parcel within the proposed subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel.

(13) (a) The written decision must identify each finding required in subsection (12) that supports the decision to approve, conditionally approve, or deny a proposed preliminary plat, including any conditions placed on the approval that must be satisfied before a final plat may be approved.

(b) The written decision must identify all facts that support the basis for each finding and each condition and identify the regulations and statutes used in reaching each finding and each condition.

(c) When requiring mitigation as a condition of approval, a local government may not unreasonably restrict a landowner's ability to develop land. However, in some instances, the local government may determine that the impacts of a proposed development are unmitigable and preclude approval of the subdivision.

(14) The written decision to approve, conditionally approve, or deny a proposed subdivision must:

(a) be provided to the applicant;

(b) be made available to the public;

(c) include information regarding the appeal process; and

(d) state the timeframe the approval is in effect.

(15) Any changes to an approved preliminary plat that increases the number of lots or redesigns or rearranges six or more lots must undergo consideration and approval of an amended plat following the requirements of this section.

(16) Ministerial permits may be issued by the planning administrator without any discretionary review or analysis and may be appealed as provided in 76-25-503 . (Terminates June 30, 2027--sec. 16, Ch. 555, L. 2025.)
Mont. Code Ann. § 76-2-345 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-345
76-2-345 Accessory dwelling units -- regulations -- restrictions
Status: in_force

76-2-345 . Accessory dwelling units -- regulations -- restrictions. (1) (a) A municipality shall adopt regulations under this chapter that allow a minimum of one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.

(b) An accessory dwelling unit may be attached, detached, or internal to the single-family dwelling on a lot or parcel.

(c) If the accessory dwelling unit is detached from or attached to the single-family dwelling, it may not be more than 75% of the gross floor area of the single-family dwelling or 1,000 square feet, whichever is less.

(2) A municipality may not:

(a) require that a lot or parcel have additional parking to accommodate an accessory dwelling unit or require fees in lieu of additional parking;

(b) require that an accessory dwelling unit match the exterior design, roof pitch, or finishing materials of the single-family dwelling;

(c) require that the single-family dwelling or the accessory dwelling unit be occupied by the owner;

(d) require a familial, marital, or employment relationship between the occupants of the single-family dwelling and the occupants of the accessory dwelling unit;

(e) assess impact fees on the construction of an accessory dwelling unit;

(f) require improvements to public streets as a condition of permitting an accessory dwelling unit, except as necessary to reconstruct or repair a public street that is disturbed as a result of the construction of the accessory dwelling unit;

(g) set maximum building heights, minimum setback requirements, minimum lot sizes, maximum lot coverages, or minimum building frontages for accessory dwelling units that are more restrictive than those for the single-family dwelling on the lot;

(h) impose more onerous development standards on an accessory dwelling unit beyond those set forth in this section; or

(i) require a restrictive covenant concerning an accessory dwelling unit on a parcel zoned for residential use by a single-family dwelling. This subsection (2)(i) may not be construed to prohibit restrictive covenants concerning accessory dwelling units entered into between private parties, but the municipality may not condition a permit, license, or use of an accessory dwelling unit on the adoption or implementation of a restrictive covenant entered into between private parties.

(3) Nothing in this section prohibits a municipality from regulating short-term rentals as defined in 15-68-101 .

(4) A municipality may require a fee for reviewing applications to create accessory dwelling units. The one-time application fee may be up to $250 for each accessory dwelling unit. Nothing in this section prohibits a municipality from requiring its usual building fees in addition to the application fee.

(5) A municipality that has not adopted or amended regulations pursuant to this section by January 1, 2024, shall review and permit accessory dwelling units in accordance with the requirements of this section until regulations are adopted or amended. Regulations in effect on or after January 1, 2024, that apply to accessory dwelling units and do not comply with this section are void.

(6) The provisions of this section do not supersede applicable building codes, fire codes, or public health and safety regulations adopted pursuant to Title 50, chapter 2.

(7) A municipality may require an accessory dwelling unit to have a will-serve letter from both a municipal water system and a municipal sewer system.

(8) Nothing in this section prohibits a municipality from adopting regulations that are more permissive than the accessory dwelling unit provisions provided in this section.

(9) For the purposes of this section:

(a) "accessory dwelling unit" means a self-contained living unit on the same parcel as a single-family dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and complies with or is otherwise exempt from any applicable building code, fire code, and public health and safety regulations adopted pursuant to Title 50, chapter 2.

(b) "by right" means the ability to be approved without requiring:

(i) a public hearing;

(ii) a variance, conditional use permit, special permit, or special exception; or

(iii) other discretionary zoning action other than a determination that a site plan conforms with applicable zoning regulations;

(c) "gross floor area" means the interior habitable area of a single-family dwelling or an accessory dwelling unit;

(d) "municipality" means an incorporated city, town, or consolidated city-county that exercises zoning powers under this part; and

(e) "single-family dwelling" means a building with one or more rooms designed for residential living purposes by one household that is detached from any other dwelling unit.
Mont. Code Ann. § 76-7-207 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-207
76-7-207 Coordination with local planning authority
Status: in_force

76-7-207 . Coordination with local planning authority. (1) In order to minimize conflict with local comprehensive planning, the entity acquiring the environmental control easement shall provide a copy of the easement to the appropriate local planning authority for the county within which the land lies prior to or concurrently with recording.

(2) The requirement in subsection (1) to provide a copy of the environmental control easement to the local planning authority is only for the purposes of informing the authority of the easement.

(3) The failure to provide the environmental control easement to the local planning authority, as required in subsection (1), does not invalidate the easement.
Mont. Code Ann. § 76-25-103 — MT Code / Title 76 / Chapter 25 / Part 1 / Section 76-25-103
76-25-103 Definitions
Status: in_force

76-25-103 . Definitions. As used in this chapter, unless the context or subject matter clearly requires otherwise, the following definitions apply:

(1) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the decision.

(2) "Applicant" means a person who seeks a land use permit or other approval of a development proposal.

(3) "Built environment" means man-made or modified structures that provide people with living, working, and recreational spaces.

(4) "Cash-in-lieu donation" is the amount equal to the fair market value of unsubdivided, unimproved land.

(5) "Certificate of survey" means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations.

(6) "Dedication" means the deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted.

(7) "Division of land" means the segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to this chapter. The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a division of land.

(8) "Dwelling " means a building designed for residential living purposes, including single-unit, two-unit, and multi-unit dwellings.

(9) "Dwelling unit" means one or more rooms designed for or occupied exclusively by one household.

(10) "Examining land surveyor" means a registered land surveyor appointed by the governing body to review surveys and plats submitted for filing.

(11) "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 requirements of Title 50, chapter 60, part 4.

(12) "Final plat" means the final drawing of the subdivision and dedication required by this chapter to be prepared for filing for record with the county clerk and recorder and containing all elements and requirements set forth in this chapter and in regulations adopted pursuant to this chapter.

(13) "Four-unit dwelling" or "fourplex" means a building designed for four attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway, excluding common hallways.

(14) "Homeowners' association" means an association of all the owners of real property within a geographic area defined by physical boundaries that:

(a) is formally governed by a declaration of covenants, bylaws, or both;

(b) may be authorized to impose assessments that, if unpaid, may become a lien on a member's real property; and

(c) may enact or enforce rules concerning the operation of the community or subdivision.

(15) "Immediate family" means a spouse, children by blood or adoption, and parents.

(16) "Irrigation district" means a district established pursuant to Title 85, chapter 7.

(17) "Jurisdictional area" or "jurisdiction" means the area within the boundaries of the local government. For municipalities, the term includes those areas the local government anticipates may be annexed into the municipality over the next 20 years.

(18) "Land use permit" means an authorization to complete development in conformance with an application approved by the local government.

(19) "Land use plan" means the land use plan and future land use map adopted in accordance with this chapter.

(20) "Land use regulations" means zoning, zoning map, subdivision, or other land use regulations authorized by state law.

(21) "Local governing body" or "governing body" means the elected body responsible for the administration of a local government.

(22) "Local government" means a county, consolidated city-county, or an incorporated municipality to which the provisions of this chapter apply as provided in 76-25-105 .

(23) "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 .

(24) "Ministerial permit" means a permit granted upon a determination that a proposed project complies with the applicable regulations and meets all established standards set forth in the applicable regulations. The determination must be based on objective standards, involving little or no personal judgment, and must be issued by the planning administrator.

(25) "Multi-unit dwelling" means a building designed for five or more attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway, excluding common hallways.

(26) "Permitted use" means a use that may be approved by issuance of a ministerial permit.

(27) "Planning administrator" means the person designated by the local governing body to review, analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other development applications as required in this chapter, or a person designated and supervised by the planning administrator to perform the duties.

(28) "Plat" means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications.

(29) "Preliminary plat" means a neat and scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a governing body.

(30) "Public utility" has the meaning provided in 69-3-101 , except that for the purposes of this chapter, the term includes a county water or sewer district as provided for in Title 7, chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44.

(31) "Single-room occupancy development" means a development with dwelling units in which residents rent a private bedroom with a shared kitchen and bathroom facilities.

(32) "Single-unit dwelling" means a building designed for one dwelling unit that is detached from any other dwelling unit.

(33) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision of land.

(34) "Subdivision" means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. The term also means an area, regardless of its size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or mobile homes will be placed.

(35) "Subdivision guarantee" means a form of guarantee that is approved by the commissioner of insurance and is specifically designed to disclose the information required in 76-25-413 .

(36) "Substantial compliance" means:

(a) with respect to the amendment of an adopted land use plan, that all facets of the proposed amendments, when taken together, comply, not strictly and rigidly but substantially, with the densities, standards, and community intent for development of the community as set forth in the jurisdiction's adopted land use plan;

(b) with respect to the adoption or amendment of a zoning map, zoning regulation, or subdivision regulation, that all facets of the proposed map, regulation, or amendment, when taken together, comply, not strictly and rigidly but substantially, with the densities, standards, and community intent for development of the site as set forth in the jurisdiction's applicable adopted land use plan; and

(c) with respect to the proposed development of a particular site, that all facets of the proposed development, when taken together, comply, not strictly and rigidly but substantially, with the densities and standards for development of the site as set forth in the jurisdiction's applicable adopted zoning regulations, zoning map, and subdivision regulations.

(37) "Tract of record" means an individual parcel of land, irrespective of ownership, 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.

(38) "Three-unit dwelling" or "triplex" means a building designed for three attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway, excluding common hallways.

(39) "Two-unit dwelling" or "duplex" means a building designed for two attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway.
Mont. Code Ann. § 76-16-408 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-408
76-16-408 Effect of transfer of grazing preference
Status: in_force

76-16-408 . Effect of transfer of grazing preference. Upon the allowance of a transfer under 76-16-405 through 76-16-407 , the property from which the transfer is made loses its grazing preference to the extent of the grazing preference transferred.
Mont. Code Ann. § 76-2-102 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-102
76-2-102 Organization and operation of commission
Status: in_force

76-2-102 . Organization and operation of commission. (1) The planning and zoning commission consists of three county commissioners, either the county surveyor or the county clerk and recorder, two citizen members, each of whom resides in a different planning and zoning district or, if only one district exists in a county or is proposed, both from that district, and a county official appointed by the county commissioners. The citizen members must be appointed by the board of county commissioners to 2-year staggered terms, with one member initially appointed to a 2-year term and the remaining member initially appointed to a 1-year term. Members of the commission shall serve without compensation other than reimbursement for authorized expenses and must be residents of the county in which they serve.

(2) The commission may appoint necessary employees and fix their compensation with the approval of the board of county commissioners, select a presiding officer to serve for 1 year, appoint a secretary to keep permanent and complete records of its proceedings, and adopt rules governing the transaction of its business.

(3) Subject to 15-10-420 , the finances necessary for the transaction of the planning and zoning commission's business and to pay the expenses of the employees and justified expenses of the commission's members must be paid from a levy on the taxable value of all taxable property within the district.
Mont. Code Ann. § 76-3-506 — MT Code / Title 76 / Chapter 3 / Part 5 / Section 76-3-506
76-3-506 Provision for granting variances
Status: in_force

76-3-506 . Provision for granting variances. (1) Subdivision regulations may authorize the governing body, after a public hearing on the variance request before the governing body or its designated agent or agency, to grant variances from the regulations when strict compliance will result in undue hardship and when it is not essential to the public welfare.

(2) Any variance granted pursuant to this section must be based on specific variance criteria contained in the subdivision regulations.

(3) A minor subdivision as provided for in 76-3-609 (2) is not subject to the public hearing requirement of this section.
Mont. Code Ann. § 76-12-102 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-102
76-12-102 Legislative findings
Status: in_force

76-12-102 . Legislative findings. The legislature finds that:

(1) in the expanses of Montana there are natural areas possessing significant scenic, educational, scientific, biological, and/or geological values or areas possessing these characteristics to a degree promising their restoration to a natural state;

(2) since the development of these areas is an irreversible commitment of a finite and diminishing resource of fundamental importance, selected areas should be preserved for the benefit of this and future generations;

(3) currently there are no regulations promulgated by the state or local governments to insure adequate protection for natural areas;

(4) it is necessary to establish a process for developing a system of natural areas and to encourage public and private participation in the establishment of a natural areas system for the benefit of the citizens of the state; and

(5) designations of natural areas should first consider protected natural features in publicly owned and privately dedicated lands, such as nature preserves, natural areas, parks, and wilderness areas, and should avoid duplication of these features.
Mont. Code Ann. § 76-16-402 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-402
76-16-402 Conversion of temporary permittee lands to dependent commensurate property
Status: in_force

76-16-402 . Conversion of temporary permittee lands to dependent commensurate property. (1) When a temporary permit is utilized by a permittee in connection with forage-producing lands owned or controlled by the permittee within or near the state district for a period of any combination of 4 years out of 5, then the forage-producing lands owned or controlled by the permittee may be considered dependent commensurate property and, upon application, the state district may accordingly grant such permittee membership and grazing preference in the state district providing an application had been made for temporary rights for each of the 5 years.

(2) However, temporary permits are privileges granted from year to year, and their possession does not establish a grazing preference right unless a grazing preference right is expressly granted by the state district and in the manner provided in this part.
Mont. Code Ann. § 76-1-605 — MT Code / Title 76 / Chapter 1 / Part 6 / Section 76-1-605
76-1-605 Use of adopted growth policy
Status: in_force

76-1-605 . Use of adopted growth policy. (1) Subject to subsection (2), after adoption of a growth policy, the governing body within the area covered by the growth policy pursuant to 76-1-601 must be guided by and give consideration to the general policy and pattern of development set out in the growth policy in the:

(a) authorization, construction, alteration, or abandonment of public ways, public places, public structures, or public utilities;

(b) authorization, acceptance, or construction of water mains, sewers, connections, facilities, or utilities; and

(c) adoption of zoning ordinances or resolutions.

(2) (a) A growth policy is not a regulatory document and does not confer any authority to regulate that is not otherwise specifically authorized by law or regulations adopted pursuant to the law.

(b) A governing body may not withhold, deny, or impose conditions on any land use approval or other authority to act based solely on compliance with a growth policy adopted pursuant to this chapter.
Mont. Code Ann. § 76-2-225 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-225
76-2-225 Public access to board activities
Status: in_force

76-2-225 . Public access to board activities. (1) All meetings of the board shall be open to the public.

(2) The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
Mont. Code Ann. § 76-4-109 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-109
76-4-109 Penalties
Status: in_force

76-4-109 . Penalties. (1) A person who violates a provision of this part, except 76-4-122 (1), or a rule adopted or an order issued under this part is guilty of an offense and subject to a fine in an amount not to exceed $1,000.

(2) (a) In addition to the fine specified in subsection (1), a person who violates any provision of this part or any rule adopted or order issued under this part is subject to an administrative penalty in an amount not to exceed $250 or a civil penalty in an amount not to exceed $1,000. Each day of violation constitutes a separate violation.

(b) Penalties assessed under this subsection (2) must be determined in accordance with the penalty factors in 76-4-1001 . An action to recover penalties must be brought in the district court of the county in which the violation occurred.

(3) Penalties imposed under subsection (1) or (2) do not bar enforcement of this part or rules or orders issued under it by injunction or other appropriate remedy.

(4) The purpose of this section is to provide additional and cumulative remedies.
Mont. Code Ann. § 76-13-416 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-416
76-13-416 Terminated
Status: in_force

76-13-416 . Terminated. Sec. 6, Ch. 61, L. 2011.
Mont. Code Ann. § 76-1-502 — MT Code / Title 76 / Chapter 1 / Part 5 / Section 76-1-502
76-1-502 Filing of map of jurisdictional area of county planning board -- revision of boundaries
Status: in_force

76-1-502 . Filing of map of jurisdictional area of county planning board -- revision of boundaries. The planning board, after the approval of the jurisdictional area by the board of county commissioners, shall file in the office of the clerk and recorder a map showing the boundaries of the jurisdictional area. The boundaries may be revised from time to time by resolution of the board of county commissioners. Such revised boundaries shall be shown upon a map which shall be filed as provided in this section. The area included in such map shall constitute the area over which the planning board shall have advisory jurisdiction.
Mont. Code Ann. § 76-5-1104 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1104
76-5-1104 Construction of part
Status: repealed

76-5-1104 . Construction of part. (1) This part and each section thereof shall be construed as granting additional power without limiting the power already existing in cities, towns, and counties.

(2) The provisions of this part and the methods of organization of water conservation and flood control projects are hereby declared to be an alternative method to any other method proposed by any law now in existence or hereafter enacted for the creation of such projects, and it is hereby declared that no provision hereof shall be amended or repealed by implication or otherwise as being in conflict with any existing law or future enactment unless specifically so declared by the legislature.
Mont. Code Ann. § 76-3-610 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-610
76-3-610 Effect of approval of application and preliminary plat
Status: in_force

76-3-610 . Effect of approval of application and preliminary plat. (1) Upon approving or conditionally approving an application and preliminary plat, the governing body shall provide the subdivider with a dated and signed statement of approval. This approval must be in force for not more than 3 calendar years or less than 1 calendar year. At the end of this period the governing body may, at the request of the subdivider, extend its approval for a mutually agreed-upon period of time. Any mutually agreed-upon extension must be in writing and dated and signed by the members of the governing body and the subdivider or subdivider's agent. The governing body may issue more than one extension.

(2) Except as provided in 76-3-507 , after the application and preliminary plat are approved, the governing body and its subdivisions may not impose any additional conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended approval period as provided in subsection (1).
Mont. Code Ann. § 76-17-101 — MT Code / Title 76 / Chapter 17 / Part 1 / Section 76-17-101
76-17-101 Definitions
Status: in_force

76-17-101 . (Temporary) Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Board" means the board of land commissioners.

(2) "Department" means the department of natural resources and conservation. (Terminates June 30, 2027--sec. 10, Ch. 374, L. 2017.)
Mont. Code Ann. § 76-1-302 — MT Code / Title 76 / Chapter 1 / Part 3 / Section 76-1-302
76-1-302 Planning board officers
Status: in_force

76-1-302 . Planning board officers. At its first regular meeting in each year, the board shall elect from its members a president and vice-president. The vice-president shall have authority to act as president of the board during the absence or disability of the president.
Mont. Code Ann. § 76-15-546 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-546
76-15-546 Terms and conditions of loan
Status: in_force

76-15-546 . Terms and conditions of loan. A conservation practice loan is subject to the following terms and conditions:

(1) The district shall obtain a security interest in real estate that would be obtained by a reasonable, careful, and prudent lender.

(2) The term of the loan may not be greater than the life of the project and may not exceed 30 years.

(3) A current appraisal of real estate offered as security and a commitment for title insurance on that land must be secured by the borrower at the borrower's expense. All costs incident to the loan and loan closing must be paid by the borrower.

(4) A conservation practice must be completed according to United States natural resources conservation service standards and specifications, if applicable.
Mont. Code Ann. § 76-13-601 — MT Code / Title 76 / Chapter 13 / Part 6 / Section 76-13-601
76-13-601 Unlawful transportation of trees and boughs
Status: in_force

76-13-601 . Unlawful transportation of trees and boughs. (1) A person may not transport on the ways of this state more than five coniferous trees without having possession of a bill of sale showing ownership of the trees. The bill of sale shall specify:

(a) the date of its execution;

(b) the name and address of the vendor or donor of the trees;

(c) the name and address of the vendee or donee of the trees;

(d) the number of trees, by species, sold or transferred by the bill of sale; and

(e) the shipping yards or the property from which the trees were taken.

(2) Subsection (1) does not apply to:

(a) the transportation of trees with their roots intact;

(b) the transportation of logs, poles, pilings, or other forest products from which substantially all the limbs and branches have been removed;

(c) the transportation of coniferous trees by the owner of the land from which they were taken or the owner's agent, provided that agent has possession of a tax receipt or other evidence indicating the section, township, and range from which the trees were harvested; or

(d) the transportation of coniferous trees by a common carrier.

(3) A person may not transport on the ways of this state more than 200 pounds of boughs from coniferous trees without written authorization of the owner of the boughs.

(4) The bill of sale required in subsection (1) or the written authorization required in subsection (3) must be exhibited on request of a law enforcement officer, highway patrol officer, state fish and game warden, an employee of the department of transportation designated or appointed as a peace officer under 61-10-154 or 61-12-201 , or an agent of the department of natural resources and conservation.

(5) A person who violates this section shall be punished by a fine not to exceed $500, imprisonment not to exceed 6 months, or both.

(6) For the purposes of this section, "ways of this state" means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public vehicle travel that is commonly used by the public with the express or implied consent of the owner.
Mont. Code Ann. § 76-3-303 — MT Code / Title 76 / Chapter 3 / Part 3 / Section 76-3-303
76-3-303 Contract for deed permitted if buyer protected
Status: in_force

76-3-303 . Contract for deed permitted if buyer protected. Notwithstanding the provisions of 76-3-301 , 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 conditions are met:

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

(2) under the terms of the contracts and the escrow agreement, 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;

(3) the contracts and the escrow agreement provide that if the final plat of the proposed subdivision is not filed with the county clerk and recorder within 2 years of the preliminary plat approval, the escrow agent shall immediately refund to each purchaser any payments the purchaser has made under the contract;

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

(5) the contracts contain the following language conspicuously set out: "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."
Mont. Code Ann. § 76-15-605 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-605
76-15-605 Board decision
Status: in_force

76-15-605 . Board decision. (1) The report of 76-15-603 must be presented and read at the hearing on the petition.

(2) At the public hearing on the petition, the board of supervisors shall proceed to hear and pass upon all protests made and its decision must be final and conclusive except when owners of more than 50% of the land in the proposed project area protest the project. If owners of more than 50% of the land protest the project, no further action may be taken for a period of 6 months from the date of the hearing, after which a new petition may be filed.

(3) If the board or boards of supervisors find that it is not feasible, desirable, or practical to establish the proposed project area, they shall make an order denying the petition and shall state therein their reasons for so doing.

(4) If, however, the board finds that the project is desirable, proper, and necessary, it shall grant the petition, establish the boundaries of the proposed project area, and notify the county election administrator that an election is to be held in the proposed area for the purpose of determining whether or not the project area must be created. The election must be conducted in accordance with Title 13, chapter 1, part 5.
Mont. Code Ann. § 76-15-209 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-209
76-15-209 Procedure following referendum
Status: in_force

76-15-209 . Procedure following referendum. (1) The department shall publish the result of the referendum, and shall consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible.

(2) If the department determines that the operation of the district is administratively practicable and feasible, it shall record that determination and proceed with the organization of the district in the manner provided in this chapter.

(3) If the department determines that the operation of the district is not administratively practicable and feasible, it shall record that determination and deny the petition. After 6 months have expired from the date of entry of a determination by the department that operation of a proposed district is not administratively practicable and feasible and denial of a petition pursuant to the determination, subsequent petitions may be filed and action taken on the petitions in accordance with this part.
Mont. Code Ann. § 76-13-118 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-118
76-13-118 Terminated
Status: in_force

76-13-118 . Terminated. Sec. 6, Ch. 425, L. 2015.
Mont. Code Ann. § 76-15-520 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-520
76-15-520 Liability of county officers
Status: in_force

76-15-520 . Liability of county officers. The county officers referred to in 76-15-519 are liable on their several official bonds for the faithful discharge of their duties under this part and part 6.
Mont. Code Ann. § 76-6-212 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-212
76-6-212 Additional reporting procedures -- coordination of information collection, transfer, and accessibility
Status: in_force

76-6-212 . Additional reporting procedures -- coordination of information collection, transfer, and accessibility. (1) A public body or qualified private organization holding a conservation easement before October 1, 2007, shall mail or electronically transfer a copy of that conservation easement to the department of revenue within 6 months of October 1, 2007.

(2) The department of revenue shall review conservation easement agreements collected pursuant to 76-6-207 and subsection (1) of this section and record the:

(a) legal description of the conservation easement as it relates to the established property boundaries identified in the conservation easement agreement;

(b) approximate acreage as identified in the conservation easement agreement;

(c) date of the conservation easement agreement;

(d) book and page or document number as provided for in 7-4-2617 ; and

(e) name of the conservation easement grantee.

(3) (a) The department of revenue shall transfer conservation easement information collected pursuant to 76-6-207 and subsections (1) and (2) of this section to the state library.

(b) The department of revenue shall coordinate with the state library to develop procedures regarding the collection and transfer of conservation easement information between the two agencies.

(c) The state library shall convert conservation easement information received from the department of revenue to a digital format for land information purposes authorized in Title 90, chapter 1, part 4, that can be accessed through the state library's website.

(d) The state library shall incorporate the conservation easement data into appropriate databases developed or maintained by the Montana natural heritage program for the purposes of Title 90, chapter 15.
Mont. Code Ann. § 76-1-102 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-102
76-1-102 Purpose
Status: in_force

76-1-102 . Purpose. (1) It is the object of this chapter to encourage local units of government to improve the present health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities to the end that highway systems be carefully planned; that new community centers grow only with adequate highway, utility, health, educational, and recreational facilities; that the needs of agriculture, industry, and business be recognized in future growth; that residential areas provide healthy surroundings for family life; and that the growth of the community be commensurate with and promotive of the efficient and economical use of public funds.

(2) In accomplishing this objective, it is the intent of this chapter that the planning board shall serve in an advisory capacity to presently established boards and officials.
Mont. Code Ann. § 76-7-208 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-208
76-7-208 Recording and description of easement
Status: in_force

76-7-208 . Recording and description of easement. (1) An environmental control easement must be recorded in the county where the property is located so as to effect the title in the manner of other conveyances of interest in the property and must describe the property subject to that easement by an adequate legal description or by reference to a recorded plat showing the property's boundaries.

(2) The county clerk and recorder shall, upon recording, place a copy of the environmental control easement in a separate file within the office of the county clerk and recorder and shall mail a copy of the easement to the department.
Mont. Code Ann. § 76-7-212 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-212
76-7-212 Who may enforce easement
Status: in_force

76-7-212 . Who may enforce easement. (1) The owner of any real property designated as a benefited property in the instrument creating the environmental control easement or the occupant of the benefited real property may maintain an action for enforcement of the easement.

(2) A public body or a qualified private organization holding an environmental control easement shall enforce the provisions of the easement.

(3) A person or entity specifically named as a beneficiary in the instrument creating the environmental control easement may enforce the provisions of the easement to the extent provided in the instrument.
Mont. Code Ann. § 76-2-117 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-117
76-2-117 Addition of territory adjacent to existing planning and zoning district
Status: in_force

76-2-117 . Addition of territory adjacent to existing planning and zoning district. Territory that is directly adjacent to an existing planning and zoning district but that is not part of the district may be added to the district subject to the procedures provided in this part.
Mont. Code Ann. § 76-15-902 — MT Code / Title 76 / Chapter 15 / Part 9 / Section 76-15-902
76-15-902 Legislative findings and declaration of purpose
Status: in_force

76-15-902 . Legislative findings and declaration of purpose. (1) The legislature finds that the need for an economical supply of clean-burning energy is a national and state priority.

(2) The legislature further finds that Montana possesses plentiful reserves of clean-burning natural gas contained in coal beds.

(3) The legislature further finds that the extraction of natural gas from coal beds may result in unanticipated adverse impacts to land and to water quality and availability.

(4) The legislature declares that there is a compelling public need to promote efforts that preserve the environment and protect the right to use and enjoy private property. The legislature further declares that the purpose of this part is to establish a long-term coal bed methane protection account and a coal bed methane protection program for the purpose of compensating private landowners and water right holders for damage to land and to water quality and availability that is attributable to the development of coal bed methane wells.

(5) The legislature further declares that the provisions of this part do not relieve coal bed methane developers or operators that own, develop, or operate coal bed methane wells and collection systems of their legal obligation to compensate landowners and water right holders for damages caused by the development of coal bed methane.

(6) The legislature further declares that the provisions of this part do not relieve coal bed methane developers or operators from:

(a) any liability associated with the exploration or development of coal bed methane; or

(b) the responsibility to comply with any applicable provision of Titles 75, 82, and 85 and any other provision of law applicable to the protection of natural resources or the environment.
Mont. Code Ann. § 76-16-314 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-314
76-16-314 Recovery of excess charge for damages
Status: in_force

76-16-314 . Recovery of excess charge for damages. If the amount of damages or costs demanded by the party taking up such livestock is in excess of the actual damage and actual costs, the owner or person in charge of such livestock may pay same under protest and thereafter sue to recover the amount paid in excess of the actual damages and reasonable costs, provided suit to recover same is filed in the district court within 60 days after payment.
Mont. Code Ann. § 76-13-111 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-111
76-13-111 Permissible expenditures
Status: in_force

76-13-111 . Permissible expenditures. (1) The following funds may be expended as directed by the department for fire prevention, detection, and suppression and for forest range, water, and soil conservation:

(a) all moneys collected by county treasurers as assessments on forest lands for forest protection;

(b) moneys collected for the abatement of public nuisances;

(c) all fines collected, except those collected in a justice's court, for violations of this part or part 2;

(d) the state's share of the cooperative fire protection funds allocated by the federal government;

(e) any other funds provided for the purposes herein indicated.

(2) All other cooperative funds collected, appropriated, or allocated for the use of the department, including funds for the removal of slash hazards resulting from logging or other wood operations on state and private forest lands, those provided for the purpose of helping to maintain the maximum productivity of the forests of the state, those provided for purposes designed to assist the farmers of the state in the establishment of windbreaks and woodlots in localities where those forest plantings are helpful, and funds for other cooperative work, may not be expended except for the specific purposes for which they were collected, appropriated, or allocated.
Mont. Code Ann. § 76-3-305 — MT Code / Title 76 / Chapter 3 / Part 3 / Section 76-3-305
76-3-305 Vacation of plats -- utility easements
Status: in_force

76-3-305 . Vacation of plats -- utility easements. (1) 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 the previous platting; the manner in which the right-of-way was originally dedicated, granted, or conveyed; the reasons stated in the petition requesting the vacation; the parties requesting the vacation; and 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.

(2) However, 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.
Mont. Code Ann. § 76-15-703 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-703
76-15-703 Voter approval of proposed regulations required
Status: in_force

76-15-703 . Voter approval of proposed regulations required. The supervisors shall not have authority to enact such proposed ordinance into law unless a majority of the votes cast in such referendum shall have been cast for approval of the proposed ordinance. The approval of the proposed ordinance by a majority of the votes cast in such referendum shall not be deemed to require the supervisors to enact such proposed ordinance into law.
Mont. Code Ann. § 76-15-519 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-519
76-15-519 Application of general law on levy and collection
Status: in_force

76-15-519 . Application of general law on levy and collection. The provisions of law relating to the levy and collection of county taxes and the duties of county officers with respect thereto, insofar as they are applicable and not in conflict with this part and part 6, are hereby adopted and made a part hereof.
Mont. Code Ann. § 76-3-625 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-625
76-3-625 Violations -- actions against governing body
Status: in_force

76-3-625 . Violations -- actions against governing body. (1) A person who has filed with the governing body an application for a subdivision under this chapter may bring an action in district court to sue the governing body to recover actual damages caused by a final action, decision, or order of the governing body or a regulation adopted pursuant to this chapter within 180 days of the final action, decision, order, or adoption of a regulation. The governing body's decision, based on the record as a whole, must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.

(2) (a) A party identified in subsection (3) who is aggrieved by a decision of the governing body to approve, conditionally approve, or deny an application and preliminary plat for a proposed subdivision may, within 30 days from the date of the written decision, appeal to the district court in the county in which the property involved is located to challenge the approval, imposition of conditions, or denial of the preliminary plat.

(b) A party identified in subsection (3) who is aggrieved by any other final decision of the governing body regarding a subdivision may, within 30 days from the date of the written decision, appeal to the district court in the county in which the property involved is located to challenge the decision.

(c) A petition allowed in subsections (2)(a) and (2)(b) must specify the grounds upon which the appeal is made. The governing body's decision, based on the record as a whole, must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.

(3) The following parties may appeal under the provisions of subsection (2):

(a) the subdivider;

(b) a landowner with a property boundary contiguous to the proposed subdivision or a private landowner with property within the county or municipality where the subdivision is proposed if that landowner can show a likelihood of material injury to the landowner's property or its value;

(c) the county commissioners of the county where the subdivision is proposed; and

(d) (i) a first-class municipality, as described in 7-1-4111 , if a subdivision is proposed within 3 miles of its limits;

(ii) a second-class municipality, as described in 7-1-4111 , if a subdivision is proposed within 2 miles of its limits; and

(iii) a third-class municipality or a town, as described in 7-1-4111 , if a subdivision is proposed within 1 mile of its limits.

(4) For the purposes of this section, "aggrieved" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the decision.
Mont. Code Ann. § 76-12-108 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-108
76-12-108 Acquisition of lands
Status: in_force

76-12-108 . Acquisition of lands. Subject to the limits of available appropriations, the board is authorized to acquire interests in land by purchase, grant, deed, gift, or devise for the purpose of designating natural areas.
Mont. Code Ann. § 76-13-119 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-119
76-13-119 Exemption from environmental review
Status: in_force

76-13-119 . Exemption from environmental review. The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when granting federal, state, or private funds for authorized grant activities on private, county, or municipal lands to conserve habitat, reduce wildfire risk, or improve forest health.
Mont. Code Ann. § 76-13-414 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-414
76-13-414 Fees
Status: in_force

76-13-414 . Fees. (1) In addition to any bond, the department shall charge the contractor fees for administration, inspections, and enforcement work conducted in the exercise of its duties under this part. The fees must be deposited in the state special revenue fund to the credit of the department.

(2) (a) The fee for a fire hazard reduction agreement is $25 and must be collected by the department upon issuance of the agreement.

(b) In addition, a fee of 85 cents for each 1,000 board feet (log scale) must be charged or an equivalent fee must be charged if products other than logs are cut. This fee must be withheld by the purchaser as provided in 76-13-409 (2), except that any fee money withheld for product volumes exceeding 500,000 board feet for each agreement in a calendar year must be returned to the contractor by the department.

(c) Either the person conducting the work or the purchaser, as described in 76-13-409 , shall pay 30 cents for each 1,000 board feet (log scale) or the equivalent measure if forest products other than logs are cut. The assessment may not exceed $20,000 a year. The full amount of this money must be deposited in the forestry extension service account provided for in 76-13-415 .

(3) (a) The fee for master fire hazard reduction agreements must be equal to 100% of the department's actual costs incurred in the direct administration, inspection, and enforcement of each agreement, and the department shall submit a detailed bill to the contractor annually to collect the fees.

(b) In addition, each contractor with a master fire hazard reduction agreement shall pay to the department 15 cents for each 1,000 board feet (log scale) or equivalent measure if forest products other than logs are cut. The assessment may not exceed $20,000 a year for each master fire hazard agreement. The full amount of this money must be deposited in the forestry extension service account provided for in 76-13-415 .

(c) The fee required under subsection (3)(b) must be paid annually in conjunction with the fee paid under subsection (3)(a). The department may, in its discretion, conduct an audit to determine the volume of forest products harvested by a contractor. If the department conducts an audit, the contractor shall cooperate and make available to the department all requested records, inventories, and other information relevant to the audit.
Mont. Code Ann. § 76-15-507 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-507
76-15-507 Investment of funds
Status: in_force

76-15-507 . Investment of funds. The board of supervisors shall have the power and authority to direct the investment of funds in a debt service fund in interest-bearing securities whenever in their judgment the same may be to the best interests of the district. But all such securities shall be converted into cash in time to meet the principal on the bonds payable from such debt service fund promptly at their maturity.
Mont. Code Ann. § 76-3-601 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-601
76-3-601 Submission of application and preliminary plat for review -- water and sanitation information required
Status: in_force

76-3-601 . Submission of application and preliminary plat for review -- water and sanitation information required. (1) The subdivider shall present to the governing body or to the agent or agency designated by the governing body the subdivision application, including the preliminary plat of the proposed subdivision, for local review. The preliminary plat must show all pertinent features of the proposed subdivision and all proposed improvements and must be accompanied by the preliminary water and sanitation information required under 76-3-622 .

(2) (a) When the proposed subdivision lies within the boundaries of an incorporated city or town, the application and preliminary plat must be submitted to and approved by the city or town governing body.

(b) When the proposed subdivision is situated entirely in an unincorporated area, the application and preliminary plat must be submitted to and approved by the governing body of the county. However, if the proposed subdivision lies within 1 mile of a third-class city or town, within 2 miles of a second-class city, or within 3 miles of a first-class city, the county governing body shall submit the application and preliminary plat to the city or town governing body or its designated agent for review and comment. If the proposed subdivision is situated within a rural school district, as described in 20-9-615 , the county governing body shall provide a summary of the information contained in the application and preliminary plat to school district trustees.

(c) If the proposed subdivision lies partly within an incorporated city or town, the application and preliminary plat must be submitted to and approved by both the city or town and the county governing bodies.

(d) When a proposed subdivision is also proposed to be annexed to a municipality, the governing body of the municipality shall coordinate the subdivision review and annexation procedures to minimize duplication of hearings, reports, and other requirements whenever possible.

(3) The provisions of 76-3-604 , 76-3-605 , 76-3-608 through 76-3-610 , and this section do not limit the authority of certain municipalities to regulate subdivisions beyond their corporate limits pursuant to 7-3-4444 .
Mont. Code Ann. § 76-15-314 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-314
76-15-314 Removal of a supervisor
Status: in_force

76-15-314 . Removal of a supervisor. A supervisor may be removed by the department and a vacancy created under 76-15-312 (2)(d), upon notice and hearing, for neglect of duty or malfeasance in office but for no other reason.
Mont. Code Ann. § 76-15-802 — MT Code / Title 76 / Chapter 15 / Part 8 / Section 76-15-802
76-15-802 Procedure to add territory to a district
Status: in_force

76-15-802 . Procedure to add territory to a district. Petitions for including additional territory within an existing district may be filed with the department, and the proceedings provided for in part 2 in the case of petitions to organize a district shall be followed in the case of petitions for the inclusion. The department shall prescribe the form for the petitions, which shall be as nearly as may be in the form prescribed in part 2 for petitions to organize a district. Where the total number of qualified electors in the area proposed for inclusion is less than 10, the petition may be filed when signed by a majority of the qualified electors of the area, and in that case no referendum need be held. In referenda upon petitions for the inclusion, all qualified electors within the proposed additional area are eligible to vote.
Mont. Code Ann. § 76-1-103 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-103
76-1-103 Definitions
Status: in_force

76-1-103 . Definitions. As used in this chapter, the following definitions apply:

(1) "City" includes incorporated cities and towns.

(2) "City council" means the chief legislative body of a city or incorporated town.

(3) "Governing body" or "governing bodies" means the governing body of any governmental unit represented on a planning board.

(4) "Growth policy" means a comprehensive development plan, master plan, or comprehensive plan that was adopted pursuant to this chapter before October 1, 1999, or a policy that was adopted pursuant to this chapter on or after October 1, 1999.

(5) "Land use management techniques and incentives" include but are not limited to zoning regulations, subdivision regulations, and market incentives.

(6) "Market incentives" may include but are not limited to an expedited subdivision review process authorized by 76-3-609 , reductions in parking requirements, and a sliding scale of development review fees.

(7) "Mayor" means mayor of a city.

(8) "Neighborhood plan" means a plan for a geographic area within the boundaries of the jurisdictional area that addresses one or more of the elements of the growth policy in more detail.

(9) "Person" means any individual, firm, or corporation.

(10) "Planning board" means a city planning board, a county planning board, or a joint city-county planning board.

(11) "Plat" means a subdivision of land into lots, streets, and areas, marked on a map or plan, and includes replats or amended plats.

(12) "Public place" means any tract owned by the state or its subdivisions.

(13) "Streets" includes streets, avenues, boulevards, roads, lanes, alleys, and all public ways.

(14) "Utility" means any facility used in rendering service that the public has a right to demand.
Mont. Code Ann. § 76-25-303 — MT Code / Title 76 / Chapter 25 / Part 3 / Section 76-25-303
76-25-303 Limitations on zoning authority
Status: in_force

76-25-303 . (Temporary) Limitations on zoning authority. (1) A local government acting pursuant to this part may not:

(a) treat manufactured housing or factory-built housing units differently from any other residential units;

(b) include in a zoning regulation any requirement to:

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

(ii) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices, including 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;

(c) 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;

(d) establish a maximum height limit for an amateur radio antenna of less than 100 feet above the ground;

(e) subject to subsection (2) and outside of incorporated municipalities, prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources identified in the land use plan, except that the use, development, or recovery may be reasonably conditioned or prohibited within residential zones;

(f) except as provided in subsection (3), treat the following differently from any other residential use of property:

(i) a foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621 through 52-2-623 , if the home or facility provides care on a 24-hour-a-day basis;

(ii) a community residential facility serving eight or fewer persons, if the facility provides care on a 24-hour-a-day basis; or

(iii) a family day-care home or a group day-care home registered by the department of public health and human services under Title 52, chapter 2, part 7;

(g) except as provided in subsection (3), apply any safety or sanitary regulation of the department of public health and human services or any other agency of the state or a political subdivision of the state that is not applicable to residential occupancies in general to a community residential facility serving 8 or fewer persons or to a day-care home serving 12 or fewer children; or

(h) prohibit any existing agricultural activities or force the termination of any existing agricultural activities outside the boundaries of an incorporated city, including agricultural activities that were established outside the corporate limits of a municipality and thereafter annexed into the municipality.

(2) Regulations that condition or prohibit uses pursuant to subsection (1)(e) must be in effect prior to the filing of a permit application or at the time a written request is received for a preapplication meeting pursuant to 82-4-432 .

(3) Except for a day-care home registered by the department of public health and human services, a local government may impose zoning standards and conditions on any type of home or facility identified in subsections (1)(f) and (1)(g) if those zoning standards and conditions do not conflict with the requirements of subsections (1)(f) and (1)(g).
Mont. Code Ann. § 76-16-109 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-109
76-16-109 Appeal procedure
Status: in_force

76-16-109 . Appeal procedure. (1) Notice of a decision of a state district must be given in writing by the secretary of the state district to the interested parties or their attorneys by certified mail at the address as shown on the records of the state district.

(2) A person affected by the decision of a state district may appeal to the commission, and the commission shall hear and decide all those appeals. An appeal from the decision of the state district to the commission may be taken by filing written notice of the appeal with the commission, by filing a copy of the notice of appeal with the secretary of the state district, and by serving a copy of the notice of appeal by certified mail upon any interested parties who have appeared or upon their attorneys within 60 days after receiving written notice of the decision of the state district. The appellant shall also file with the commission proof by affidavit of the filing and service of the notice of appeal. The appeal to the commission must be taken and review of the appeal must be upon the record of any hearing conducted and considered by the state district. However, the commission may, for good cause shown, permit additional testimony to be submitted.
Mont. Code Ann. § 76-2-103 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-103
76-2-103 Powers of commission and employees
Status: in_force

76-2-103 . Powers of commission and employees. (1) In general, the planning and zoning commission shall have such powers as may be appropriate to enable it to fulfill its functions and duties to promote county planning and to carry out the purposes of this part.

(2) The planning and zoning commission and any of its members, officers, and employees in the performance of their functions may enter upon any land and make examinations and surveys and place and maintain the necessary monuments and markers thereon.
Mont. Code Ann. § 76-13-907 — MT Code / Title 76 / Chapter 13 / Part 9 / Section 76-13-907
76-13-907 Prescribed fire manager certification claims special revenue account
Status: in_force

76-13-907 . Prescribed fire manager certification claims special revenue account. (1) There is a prescribed fire manager certification claims special revenue account within the state special revenue fund established in 17-2-102 .

(2) There must be deposited in the account money received by the department in the form of grants, gifts, transfers, bequests, donations, and appropriations from any source intended to be used for the purposes of this part.

(3) Money deposited in the account may not be used for any purposes other than for the development and administration of the prescribed fire manager certification program or the payment of claims of injury or destruction of property from an escaped prescribed fire or burn conducted by a certified prescribed fire manager.
Mont. Code Ann. § 76-21-207 — MT Code / Title 76 / Chapter 21 / Part 2 / Section 76-21-207
76-21-207 Terminated
Status: in_force

76-21-207 . Terminated. Sec. 14, Ch. 652, L. 1983.
Mont. Code Ann. § 76-3-504 — MT Code / Title 76 / Chapter 3 / Part 5 / Section 76-3-504
76-3-504 Subdivision regulations -- contents
Status: in_force

76-3-504 . Subdivision regulations -- contents. (1) The subdivision regulations adopted under this chapter must comply with the requirements provided for in 76-3-501 and, at a minimum:

(a) list the materials that must be included in a subdivision application in order for the application to be determined to contain the required elements for the purposes of the review required in 76-3-604 (1);

(b) except as provided in 76-3-509 , 76-3-609 , or 76-3-616 , require the subdivider to submit to the governing body an environmental assessment as prescribed in 76-3-603 ;

(c) establish procedures consistent with this chapter for the submission and review of subdivision applications and amended applications;

(d) prescribe the form and contents of preliminary plats and the documents to accompany final plats;

(e) provide for the identification of areas that, because of natural or human-caused hazards, are unsuitable for subdivision development. The regulations must prohibit subdivisions in these areas unless the hazards can be eliminated or overcome by approved construction techniques or other mitigation measures authorized under 76-3-608 (4) and (5). Approved construction techniques or other mitigation measures 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 .

(f) prohibit subdivisions for building purposes 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;

(g) prescribe standards for:

(i) the design and arrangement of lots, streets, and roads;

(ii) grading and drainage;

(iii) subject to the provisions of 76-3-511 , water supply and sewage and solid waste disposal that meet the:

(A) regulations adopted by the department of environmental quality under 76-4-104 for subdivisions that will create one or more parcels containing less than 20 acres; and

(B) standards provided in 76-3-604 and 76-3-622 for subdivisions that will create one or more parcels containing 20 acres or more and less than 160 acres; and

(iv) the location and installation of public utilities;

(h) provide procedures for the administration of the park and open-space requirements of this chapter;

(i) provide for the review of subdivision applications by affected public utilities and those agencies of local, state, and federal government identified during the preapplication consultation conducted pursuant to subsection (1)(q) or those having a substantial interest in a proposed subdivision. A public utility or agency review may not delay the governing body's action on the application beyond the time limits specified in this chapter, and the failure of any agency to complete a review of an application may not be a basis for rejection of the application by the governing body.

(j) when a subdivision creates parcels with lot sizes averaging less than 5 acres, require the subdivider to:

(i) reserve all or a portion of the appropriation water rights owned by the owner of the land to be subdivided and transfer the water rights to a single entity for use by landowners within the subdivision who have a legal right to the water and reserve and sever any remaining surface water rights from the land;

(ii) if the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement administered through a single entity that specifies administration and the rights and responsibilities of landowners within the subdivision who have a legal right and access to the water; or

(iii) reserve and sever all surface water rights from the land;

(k) (i) except as provided in subsection (1)(k)(ii), require the subdivider to establish ditch easements in the subdivision that:

(A) are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of open ditches or belowground pipelines for the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right on the subdivision lots;

(B) are a sufficient distance from the centerline of the ditch to allow for construction, repair, maintenance, and inspection of the ditch; and

(C) prohibit the placement of structures or the planting of vegetation other than grass within the ditch easement without the written permission of the ditch owner.

(ii) Establishment of easements pursuant to this subsection (1)(k) is not required if:

(A) the average lot size is 1 acre or less and the subdivider provides for disclosure, in a manner acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated land and may continue to be assessed for irrigation water delivery even though the water may not be deliverable; or

(B) the water rights are removed or the process has been initiated to remove the water rights from the subdivided land through an appropriate legal or administrative process and if the removal or intended removal is denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall document that intent, when applicable, in agreements and legal documents for related sales transactions.

(l) require the subdivider, unless otherwise provided for under separate written agreement or filed easement, to file and record ditch easements for unobstructed use and maintenance of existing water delivery ditches, pipelines, and facilities in the subdivision that are necessary to convey water through the subdivision to lands adjacent to or beyond the subdivision boundaries in quantities and in a manner that are consistent with historic and legal rights;

(m) require the subdivider to describe, dimension, and show public utility easements in the subdivision on the final plat in their true and correct location. The public utility easements must be of sufficient width to allow the physical placement and unobstructed maintenance of public utility facilities for the provision of public utility services within the subdivision.

(n) establish whether the governing body, its authorized agent or agency, or both will hold public hearings;

(o) establish procedures describing how the governing body or its agent or agency will address information presented at the hearing or hearings held pursuant to 76-3-605 and 76-3-615 ;

(p) establish criteria that the governing body or reviewing authority will use to determine whether a proposed method of disposition using the exemptions provided in 76-3-201 or 76-3-207 is an attempt to evade the requirements of this chapter. The regulations must provide for an appeals process to the governing body if the reviewing authority is not the governing body.

(q) establish a preapplication process that:

(i) requires a subdivider to meet with the authorized agent or agency, other than the governing body, that is designated by the governing body to review subdivision applications prior to the subdivider submitting the application;

(ii) requires, for informational purposes only, identification of the state laws, local regulations, and growth policy provisions, if a growth policy has been adopted, that may apply to the subdivision review process;

(iii) requires a list to be made available to the subdivider of the public utilities, those agencies of local, state, and federal government, and any other entities that may be contacted for comment on the subdivision application and the timeframes that the public utilities, agencies, and other entities are given to respond. If, during the review of the application, the agent or agency designated by the governing body contacts a public utility, agency, or other entity that was not included on the list originally made available to the subdivider, the agent or agency shall notify the subdivider of the contact and the timeframe for response.

(iv) requires that a preapplication meeting take place no more than 30 days from the date that the authorized agent or agency receives a written request for a preapplication meeting from the subdivider; and

(v) establishes a time limit after a preapplication meeting by which an application must be submitted;

(r) require that the written decision required by 76-3-620 must be provided to the applicant within 30 working days following a decision by the governing body to approve, conditionally approve, or deny a subdivision.

(2) In order to accomplish the purposes described in 76-3-501 , the subdivision regulations adopted under 76-3-509 and this section may include provisions that are consistent with this section that promote cluster development.
Mont. Code Ann. § 76-2-204 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-204
76-2-204 Role of planning boards
Status: in_force

76-2-204 . Role of planning boards. (1) The board of county commissioners shall require the county planning board and the city-county planning board to recommend boundaries and appropriate regulations for the various zoning districts. The county planning board and the city-county planning board shall make written reports of their recommendations to the board of county commissioners, but such recommendations shall be advisory only.

(2) This section shall apply to either the county planning board or the city-county planning board where only one of these planning boards has been established.
Mont. Code Ann. § 76-25-214 — MT Code / Title 76 / Chapter 25 / Part 2 / Section 76-25-214
76-25-214 Area plans
Status: in_force

76-25-214 . Area plans. (1) A local governing body may adopt area plans for a portion of the jurisdiction to provide a more localized analysis of all or any part of a land use plan. An area plan may include but is not limited to a neighborhood plan, a corridor plan, or a subarea plan.

(2) The adoption, amendment, or update of an area plan must follow the same process as a land use plan provided for in this part and may be adopted as an amendment to the land use plan.

(3) The area plan must be in substantial compliance with the land use plan. To the extent an area plan is inconsistent with the land use plan, the land use plan controls.
Mont. Code Ann. § 76-2-902 — MT Code / Title 76 / Chapter 2 / Part 9 / Section 76-2-902
76-2-902 Definitions
Status: in_force

76-2-902 . Definitions. As used in this part, the following definitions apply:

(1) "Agricultural activity" means a condition or activity that provides an annual gross income of not less than $1,500 or that occurs on land classified as agricultural or forest land for taxation purposes. The condition or activity must occur in connection with the commercial production of farm products and includes but is not limited to:

(a) produce marketed at roadside stands or farm markets;

(b) noise;

(c) odors;

(d) dust;

(e) fumes;

(f) operation of machinery and irrigation pumps;

(g) movement of water for agricultural activities, including but not limited to use of existing county road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities;

(h) ground and aerial application of seed, fertilizers, conditioners, and plant protection products;

(i) employment and use of labor;

(j) roadway movement of equipment and livestock;

(k) protection from damage from wildlife;

(l) prevention of trespass;

(m) construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of streambanks and watercourses;

(n) conversion from one agricultural activity to another, provided that the conversion does not adversely impact adjacent property owners;

(o) timber harvesting, thinning, and timber regeneration;

(p) burning and stubble and slash disposal; and

(q) plant nursery and commercial greenhouse activities.

(2) "Commercial production of farm products" means the growing, raising, or marketing of plants or animals by the owner, owner's agent, or lessee of land that provides an annual gross income of not less than $1,500 or that occurs on land that is classified as agricultural or forest land for taxation purposes. The term includes but is not limited to:

(a) forages and sod crops;

(b) dairy and dairy products;

(c) poultry and poultry products;

(d) livestock, including breeding, feeding, and grazing of livestock and recreational equine use;

(e) fruits;

(f) vegetables;

(g) flowers;

(h) seeds;

(i) grasses;

(j) trees, including commercial timber;

(k) fresh water fish and fish products;

(l) apiaries;

(m) equine and other similar products; or

(n) any other product that incorporates the use of food, feed, fiber, or fur.
Mont. Code Ann. § 76-1-105 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-105
76-1-105 Role of county in formation of city planning board
Status: in_force

76-1-105 . Role of county in formation of city planning board. (1) Prior to enacting an ordinance creating a city planning board, the city council shall notify in writing the county commissioners of the county in which the city is located of their intention to form a city planning board.

(2) The board of county commissioners shall elect to form a city-county planning board or to permit the city to form a city planning board and shall notify in writing the city council of its election within 30 days from receipt of notice of the city's intention to form a planning board. In the event the county commissioners so elect, the planning board to be so formed shall be a city-county planning board.
Mont. Code Ann. § 76-2-321 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-321
76-2-321 Board of adjustment
Status: in_force

76-2-321 . Board of adjustment. (1) A city or town council or other legislative body may provide for the appointment of a board of adjustment and in the regulations and restrictions adopted pursuant to the authority of this part may provide that the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purposes and intent and in accordance with the general or specific rules contained in the ordinance.

(2) An ordinance adopted pursuant to this section providing for a board of adjustment may restrict the authority of the board and provide that the city or town council or other legislative body reserves to itself the power to make certain exceptions to regulations, ordinances, or land use plans adopted pursuant to this part.

(3) The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this part. Meetings of the board must be held at the call of the presiding officer and at other times that the board may determine. The presiding officer or in the presiding officer's absence the acting presiding officer may administer oaths and compel the attendance of witnesses.
Mont. Code Ann. § 76-1-223 — MT Code / Title 76 / Chapter 1 / Part 2 / Section 76-1-223
76-1-223 County representative for city planning board
Status: in_force

76-1-223 . County representative for city planning board. When a city council has enacted an ordinance creating a city planning board or when a vacancy occurs in the county's membership on the city planning board, the board of county commissioners of the county in which the city is located shall within 45 days designate a representative of the county to the mayor of the city for appointment to the city planning board. This representative may be a member of the board of county commissioners or an officeholder or employee of the county. The mayor may not reject or refuse to appoint to the city planning board a representative designated by a board of county commissioners as provided in this section, but if the county fails to designate a representative, then the mayor may appoint as a representative of the county a person of the mayor's own choosing and at the mayor's sole discretion.
Mont. Code Ann. § 76-3-406 — MT Code / Title 76 / Chapter 3 / Part 4 / Section 76-3-406
76-3-406 Surveys affecting irrigation districts -- additional survey requirements
Status: in_force

76-3-406 . Surveys affecting irrigation districts -- additional survey requirements. (1) (a) A surveyor who completes a survey identified in subsection (2) that establishes or defines a section line and creates a parcel that crosses the established or defined section line so that an irrigation district assessment boundary is included in more than 1 section shall note on the survey the acreage of the farm unit or created parcel in each section.

(b) The surveyor shall notify the appropriate irrigation district of the existence of the survey and the purpose of the survey.

(2) The requirements of subsection (1) apply only to surveys for which the surveyor determines that, based on available public records, the survey involves land:

(a) traversed by a canal or ditch owned by an irrigation district; or

(b) included in an irrigation district.

(3) For purposes of this section, "irrigation district" means a district established pursuant to Title 85, chapter 7.
Mont. Code Ann. § 76-10-107 — MT Code / Title 76 / Chapter 10 / Part 1 / Section 76-10-107
76-10-107 Violations -- penalties
Status: in_force

76-10-107 . Violations -- penalties. (1) It is unlawful for a person to:

(a) fail to obtain permission from a landowner to enter property for purposes of wildcrafting;

(b) transport wildcrafted plant material without a bill of sale, a signed, written permission form, or a permit from a landowner as provided in 76-10-103 ;

(c) have in the person's possession an amount of wildcrafted plant material that is in excess of the amount granted in the bill of sale, written permission, or permit.

(2) A person who is found to have violated subsection (1) is guilty of a misdemeanor punishable by a fine in an amount not less than $100 or more than $1,000 or by imprisonment in the county jail for a term not to exceed 6 months or not less than 24 hours, or both, for a first offense. An offender convicted of a second offense under this section shall be fined not less than $500 or more than $1,000 or be imprisoned in the county jail for a term not to exceed 1 year or not less than 6 months, or both.

(3) All wildcrafted plant material that is illegally wildcrafted, transported, or in the possession of a person convicted under this section must be impounded.

(4) The incidental disturbance of plants by a lessee or permittee who is lawfully exercising rights granted under the lease or permit is not considered to be in violation of this part.
Mont. Code Ann. § 76-7-101 — MT Code / Title 76 / Chapter 7 / Part 1 / Section 76-7-101
76-7-101 Short title
Status: in_force

76-7-101 . Short title. This chapter may be cited as the "Environmental Control Easement Act".
Mont. Code Ann. § 76-25-504 — MT Code / Title 76 / Chapter 25 / Part 5 / Section 76-25-504
76-25-504 Enforcement and penalties
Status: in_force

76-25-504 . Enforcement and penalties. (1) A local government may, by ordinance, establish civil penalties for violations of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter.

(2) Prior to seeking civil penalties against a property owner, a local government shall provide:

(a) written notice, by mail or hand delivery, of each ordinance violation to the address of the owner of record on file in the office of the county recorder;

(b) a reasonable opportunity to cure a noticed violation; and

(c) a schedule of the civil penalties that may be imposed on the owner for failure to cure the violation before expiration of a time certain.

(3) A local government may, in addition to other remedies provided by law, seek:

(a) an injunction, mandamus, abatement, or any other appropriate action provided for in law;

(b) proceedings to prevent, enjoin, abate, or remove an unlawful building, use, occupancy, or act; or

(c) criminal prosecution for violation of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter as a misdemeanor punishable by a fine not to exceed $500 per day for each violation.

(4) In any enforcement action taken under this section or remedy sought thereunder, the parties shall pay their own costs and attorney fees.
Mont. Code Ann. § 76-8-114 — MT Code / Title 76 / Chapter 8 / Part 1 / Section 76-8-114
76-8-114 Violations -- penalties
Status: in_force

76-8-114 . Violations -- penalties. (1) If any building is created in violation of this part, the governing body may, in addition to assessing a fine or penalty not to exceed a maximum of $500, initiate an action to:

(a) prevent the unlawful creation of the building;

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

(c) prevent the occupancy of the building.

(2) For the purposes of enforcing the provisions of this part, the governing body shall attempt to obtain voluntary compliance from the landowner at least 30 days prior to initiating an action for a violation of this part.
Mont. Code Ann. § 76-3-301 — MT Code / Title 76 / Chapter 3 / Part 3 / Section 76-3-301
76-3-301 General restriction on transfer of title to subdivided lands
Status: in_force

76-3-301 . General restriction on transfer of title to subdivided lands. (1) Except as provided in 76-3-303 , every final subdivision plat must be filed for record with the county clerk and recorder before title to the subdivided land can be sold or transferred in any manner. The clerk and recorder of the county shall refuse to accept any plat for record that fails to have the approval of 76-3-611 (1) in proper form unless the plat is located in an area over which the state does not have jurisdiction.

(2) The clerk and recorder shall notify the governing body or its designated agent of any land division described in 76-3-207 (1).

(3) If transfers not in accordance with this chapter are made, the county attorney shall commence action to enjoin further sales or transfers and compel compliance with all provisions of this chapter. The cost of the action must be imposed against the party not prevailing.
Mont. Code Ann. § 76-16-411 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-411
76-16-411 Grazing permits to owners of land not controlled by state district
Status: in_force

76-16-411 . Grazing permits to owners of land not controlled by state district. (1) When any land is situated within the boundaries of a state district and is not leased or controlled by the state district and not surrounded by a legal fence, any person owning or controlling these lands has the right to obtain a grazing permit from the state district, the size of which must be determined by the carrying capacity of the land, full consideration being given for location of necessary stock water. The use of the permit is subject to all regulations by the state district.

(2) If the person owning or controlling the land declines to secure a permit or fails to lease the land to the state district at a fair lease rental and fails to fence the land at the person's expense, the person is not entitled to recover damages for trespass by stock grazing under permit, but the state district may not issue a permit to use the carrying capacity of the land.
Mont. Code Ann. § 76-3-103 — MT Code / Title 76 / Chapter 3 / Part 1 / Section 76-3-103
76-3-103 Definitions
Status: in_force

76-3-103 . Definitions. As used in this chapter, unless the context or subject matter clearly requires otherwise, the following definitions apply:

(1) "Certificate of survey" means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations.

(2) "Cluster development" means a subdivision with lots clustered in a group of five or more lots that is designed to concentrate building sites on smaller lots in order to reduce capital and maintenance costs for infrastructure through the use of concentrated public services and utilities, while allowing other lands to remain undeveloped.

(3) "Dedication" means the deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted.

(4) "Division of land" means the segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to this chapter. The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a division of land.

(5) "Eligible county water and/or sewer district" means a county water district, a county sewer district, or a county water and sewer district that:

(a) is incorporated under 7-13-2203 ;

(b) is operated in compliance with Title 75, chapters 5 and 6; and

(c) employs or retains a professional engineer.

(6) "Examining land surveyor" means a registered land surveyor appointed by the governing body to review surveys and plats submitted for filing.

(7) "Final plat" means the final drawing of the subdivision and dedication required by this chapter to be prepared for filing for record with the county clerk and recorder and containing all elements and requirements set forth in this chapter and in regulations adopted pursuant to this chapter.

(8) "Governing body" means a board of county commissioners or the governing authority of a city or town organized pursuant to law.

(9) "Homeowners' association" means an association of all the owners of real property within a geographic area defined by physical boundaries that:

(a) is formally governed by a declaration of covenants, bylaws, or both;

(b) may be authorized to impose assessments that, if unpaid, may become a lien on a member's real property; and

(c) may enact or enforce rules concerning the operation of the community or subdivision.

(10) "Immediate family" means a spouse, children by blood or adoption, and parents.

(11) "Minor subdivision" means a subdivision that creates five or fewer lots from a tract of record.

(12) "Phased development" means a subdivision application and preliminary plat that at the time of submission consists of independently platted development phases that are scheduled for review on a schedule proposed by the subdivider.

(13) "Planned unit development" means a land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks that compose a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in common ownership or use.

(14) "Plat" means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications.

(15) "Preliminary plat" means a neat and scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a governing body.

(16) "Public utility" has the meaning provided in 69-3-101 , except that for the purposes of this chapter, the term includes county or consolidated city and county water or sewer districts as provided for in Title 7, chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44.

(17) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision of land.

(18) "Subdivision" means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium.

(19) (a) "Tract of record" means an individual parcel of land, irrespective of ownership, 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.

(b) Each individual tract of record continues to be an individual parcel of land unless the owner of the parcel has joined it with other contiguous parcels by filing with the county clerk and recorder:

(i) an instrument of conveyance in which the aggregated parcels have been assigned a legal description that describes the resulting single parcel and in which the owner expressly declares the owner's intention that the tracts be merged; or

(ii) a certificate of survey or subdivision plat that shows that the boundaries of the original parcels have been expunged and depicts the boundaries of the larger aggregate parcel.

(c) An instrument of conveyance does not merge parcels of land under subsection (19)(b)(i) unless the instrument states, "This instrument is intended to merge individual parcels of land to form the aggregate parcel(s) described in this instrument" or a similar statement, in addition to the legal description of the aggregate parcels, clearly expressing the owner's intent to effect a merger of parcels.
Mont. Code Ann. § 76-15-215 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-215
76-15-215 District as governmental subdivision and public body
Status: in_force

76-15-215 . District as governmental subdivision and public body. When the application and statement have been made, filed, and recorded as herein provided, the district is a governmental subdivision of this state and a public body, corporate and politic, exercising public powers.
Mont. Code Ann. § 76-5-1110 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1110
76-5-1110 Cooperation with governmental, public, and private agencies
Status: in_force

76-5-1110 . Cooperation with governmental, public, and private agencies. (1) Cities, towns, and counties may in accordance with the provisions of this part:

(a) accept funds and property or other assistance, financial or otherwise, from federal, state, and other public or private sources for the purpose of aiding the construction and maintenance of water conservation and flood control projects; and

(b) cooperate and contract with the state or federal government or any department or agency thereof in furnishing assurances and meeting local cooperation requirements of any project involving control, conservation, and use of water.

(2) Cities, towns, and counties may also enter into agreement with the federal government to maintain levees, dikes, or other construction and to do all other acts required by the federal government in maintaining the work when completed.
Mont. Code Ann. § 76-15-303 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-303
76-15-303 Election of supervisors -- election by acclamation -- appointment
Status: in_force

76-15-303 . Election of supervisors -- election by acclamation -- appointment. (1) An election for supervisors must be conducted in accordance with Title 13, chapter 1, part 5.

(2) All qualified electors within the district are eligible to vote in the election.

(3) The candidate or, if more than one supervisor position is to be filled by the election, the candidates who receive the largest number, respectively, of the votes cast in the election are the elected supervisors for the district.

(4) The names of the candidates must be arranged on ballots as prescribed in 13-12-205 .
Mont. Code Ann. § 76-16-413 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-413
76-16-413 Effect of revocation
Status: in_force

76-16-413 . Effect of revocation. (1) When a grazing preference is revoked, it is detached from the dependent commensurate or commensurate property to which it was formerly appurtenant and it immediately shifts to the state district. A revocation includes all rights, privileges, and authorities associated with a grazing preference.

(2) The state district may then allocate it to either dependent commensurate or commensurate property in the manner provided by its bylaws.
Mont. Code Ann. § 76-12-103 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-103
76-12-103 Statement of policy
Status: in_force

76-12-103 . Statement of policy. (1) It is the intention of the legislature to establish a system for the protection of natural or potentially natural areas in order to preserve their natural ecosystem integrity in perpetuity.

(2) In this connection, the legislature recognizes the fact that the school trust lands are held in trust for the support of education and for the attainment of other worthy objects helpful to the well-being of the people of the state; that it is the duty of the board of land commissioners to administer this trust so as to secure the largest measure of legitimate and reasonable advantage to the state; and hereby declares the preservation of natural areas, whether trust or other lands, for the enjoyment and inspiration of future generations to be an object worthy of legislative action helpful to the well-being of the people of the state and also declares that the preservation of natural areas on state trust land has sufficient value to present and future education to meet the state's obligation for the disposition and utilization of trust lands as specified in The Enabling Act.
Mont. Code Ann. § 76-12-104 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-104
76-12-104 Definitions
Status: in_force

76-12-104 . Definitions. (1) "Board" means the board of land commissioners.

(2) "Department" means the department of natural resources and conservation.

(3) "Natural area" means an area of land that must generally appear to have been affected primarily by the forces of nature with the visual aspects of human intrusion not dominant and also must have one or more of the following characteristics:

(a) an outstanding mixture or variety of vegetation, wildlife, water resource, landscape, and scenic values;

(b) an important or rare ecological or geological feature or other rare or significant natural feature worthy of preservation for scientific, educational, or ecological purposes.

(4) "Natural areas system" means the composite of lands in the state that exhibit the characteristics of natural areas and that have been designated by the board or dedicated or otherwise protected and managed as natural areas.

(5) "Register" means the Montana register of natural areas established under 76-12-121 .
Mont. Code Ann. § 76-2-208 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-208
76-2-208 Continuation of nonconforming uses
Status: in_force

76-2-208 . Continuation of nonconforming uses. (1) The zoning regulations must allow for the nonconforming use of land or buildings legal at the time or prior to the time that a zoning regulation or amendment to the regulation was adopted, but the board of county commissioners 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 or amendment.

(2) 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.
Mont. Code Ann. § 76-13-211 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-211
76-13-211 Amount due for protection treated as lien
Status: in_force

76-13-211 . Amount due for protection treated as lien. (1) Whenever the department provides wildland fire protection for any wildland or timber not protected by the owner of the wildland or timber as required by part 1 or this part, the amount due for the protection is a lien upon the wildland or timber that continues until the amount due is paid.

(2) The lien has the same force, effect, and priority as general tax liens under the laws of the state and is subject and inferior only to tax liens on the wildland or timber. The county attorney of the county in which the wildland or timber is situated shall on request of the department foreclose the lien in the name of the state and in the manner provided by law, or the county attorney upon the request of the department shall institute an action against the landowner in the name of the state in any district or justice court having jurisdiction to recover the debt. The state in the action is not required to pay any fees or costs to the clerk of the court or justice of the peace.

(3) The remedies provided by this section are cumulative and do not affect the other provisions of part 1 or this part for the payment and collection of amounts due to the department.
Mont. Code Ann. § 76-2-323 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-323
76-2-323 Powers of board of adjustment
Status: in_force

76-2-323 . Powers of board of adjustment. (1) The board of adjustment shall have the following powers:

(a) to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this part or of any ordinance adopted pursuant thereto;

(b) to hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance;

(c) to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done.

(2) In exercising the above-mentioned powers, such board may, in conformity with the provisions of this part, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.
Mont. Code Ann. § 76-3-620 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-620
76-3-620 Review requirements -- written statement
Status: in_force

76-3-620 . Review requirements -- written statement. (1) In addition to the requirements of 76-3-604 and 76-3-609 , following any decision by the governing body to deny or conditionally approve a proposed subdivision, the governing body shall, in accordance with the time limit established in 76-3-504 (1)(r), prepare a written statement that:

(a) must be provided to the applicant;

(b) must be made available to the public;

(c) includes information regarding the appeal process for the denial or imposition of conditions;

(d) identifies the regulations and statutes that are used in reaching the decision and explains how they apply to the basis of the decision;

(e) provides the facts and conclusions that the governing body relied upon in making the decision and references documents, testimony, or other materials that form the basis of the decision; and

(f) identifies the conditions that apply to the preliminary plat approval and that must be satisfied before the final plat may be approved.

(2) If the governing body conditionally approves the proposed subdivision, each condition required for subdivision approval must identify a specific, documentable, and clearly defined purpose or objective related to the primary criteria set forth in 76-3-608 (3) that forms the basis for the condition.
Mont. Code Ann. § 76-16-210 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-210
76-16-210 Request for dissolution of state district
Status: in_force

76-16-210 . Request for dissolution of state district. A state district, with the written consent of three-fourths of its permittee members, may at any time request the commission to dissolve the state district subject to the preferences of this chapter. The commission shall establish procedures for the dissolution of any state district.
Mont. Code Ann. § 76-1-106 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-106
76-1-106 Role of planning board
Status: in_force

76-1-106 . Role of planning board. (1) To ensure the promotion of public health, safety, morals, convenience, or order or the general welfare and for the sake of efficiency and economy in the process of community development, if requested by the governing body, the planning board shall prepare a growth policy and shall serve in an advisory capacity to the local governing bodies establishing the planning board.

(2) The planning board may propose policies for:

(a) subdivision plats;

(b) the development of public ways, public places, public structures, and public and private utilities;

(c) the issuance of improvement location permits on platted and unplatted lands; or

(d) the laying out and development of public ways and services to platted and unplatted lands.
Mont. Code Ann. § 76-3-617 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-617
76-3-617 Phased development -- application requirements -- hearing required
Status: in_force

76-3-617 . Phased development -- application requirements -- hearing required. (1) A subdivider applying for phased development review shall submit with the phased development application an overall phased development preliminary plat on which independent platted development phases must be presented. The phased development application must contain the information required pursuant to parts 5 and 6 of this chapter for all phases of a development and a schedule for when the subdivider plans to submit for review each phase of the development. The subdivider may change the schedule for review of each phase of the development upon approval of the governing body after a public hearing as provided in subsection (4) if the change does not negate conditions of approval or otherwise adversely affect public health, safety, and welfare.

(2) Except as otherwise provided by this section, the phased development application must be reviewed in conformity with parts 5 and 6 of this chapter. In addition, each phase of the phased development must be reviewed as provided in subsection (4).

(3) The governing body may approve phased developments that extend beyond the time limits set forth in 76-3-610 but all phases of the phased development must be submitted for review and approved, conditionally approved, or denied within 20 years of the date the overall phased development preliminary plat is approved by the governing body.

(4) For any phase of the approved subdivision submitted for final plat approval more than 5 years after the date of preliminary approval of the subdivision, the subdivider shall provide written notice to the governing body not more than 1 year or less than 90 calendar days in advance of submitting the final plat application. The governing body shall hold a public hearing pursuant to 76-3-605 (3) within 30 working days after receipt of the written notice from the subdivider to determine whether changed circumstances justify amending any conditions of approval or imposing additional conditions of approval. The governing body may amend or impose additional conditions of approval only if it determines, based on a review of the primary criteria, that the existing conditions of approval are inadequate to mitigate the potentially significant adverse impacts identified during the original review based on changed circumstances. Notwithstanding the provisions of 76-3-610 (2), the governing body shall issue supplemental written findings of fact within 20 working days of the hearing. Any additional conditions must be met before final plat approval for each remaining phase and the approval in accordance with 76-3-611 is in force for not more than 3 calendar years or less than 1 calendar year within the maximum timeframe provided in subsection (3).

(5) The governing body may impose a reasonable periodic fee for the review under subsection (4) of the phases in the phased development.
Mont. Code Ann. § 76-15-321 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-321
76-15-321 Rulemaking authority
Status: in_force

76-15-321 . Rulemaking authority. A conservation district and the supervisors thereof shall have the power to make and from time to time amend and repeal rules to carry into effect the purposes and powers of this chapter.
Mont. Code Ann. § 76-7-209 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-209
76-7-209 Taxation of property subject to easement
Status: in_force

76-7-209 . Taxation of property subject to easement. (1) The value of the interest held by a federal public entity, a public body, or a qualifying private organization is exempt from property taxation.

(2) Expiration of an environmental control easement granted for a term of years may not result in a reassessment of the land for property tax purposes if the easement is renewed and the granting instrument reflecting the renewed easement is executed and properly filed not later than 15 days after the date of expiration.
Mont. Code Ann. § 76-15-726 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-726
76-15-726 Appeal to district court from board decision
Status: in_force

76-15-726 . Appeal to district court from board decision. (1) A petitioner aggrieved by an order of the board of adjustment granting or denying, in whole or in part, the relief sought, the supervisors of the district, or an intervening party may obtain a review of the order in any district court of the county in which the lands of the petitioner lie by filing in the court a petition praying that the order of the board of adjustment be modified or set aside.

(2) A copy of the petition must immediately be served upon the parties to the hearing before the board of adjustment, and after service the party seeking review shall file in the court a transcript of the entire record in the proceedings, certified by the board of adjustment, including the documents and testimony upon which the order complained of was entered and the findings, determination, and order of the board of adjustment.
Mont. Code Ann. § 76-4-115 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-115
76-4-115 Contents of application -- supplemental information
Status: in_force

76-4-115 . Contents of application -- supplemental information. (1) The application submitted under 76-4-114 must include preliminary plans and specifications for the proposed development, information required under rules adopted pursuant to this chapter, and any additional information the applicant feels necessary.

(2) In addition to the information required for the submission of the application under subsection (1), before the reviewing authority or independent reviewer makes a final decision on the application, the applicant shall provide:

(a) a copy of the certification from the local health department required by 76-4-104 (7)(k);

(b) if required under Title 76, chapter 3, an approval from the local governing body under Title 76, chapter 3; and

(c) any public comments or summaries of public comments collected as provided in 76-3-604 (7).
Mont. Code Ann. § 76-3-411 — MT Code / Title 76 / Chapter 3 / Part 4 / Section 76-3-411
76-3-411 Board to prescribe standards
Status: in_force

76-3-411 . Board to prescribe standards. The board of professional engineers and professional land surveyors shall, in conformance with the Montana Administrative Procedure Act, prescribe uniform standards governing certificates of survey and final subdivision plats.
Mont. Code Ann. § 76-15-401 — MT Code / Title 76 / Chapter 15 / Part 4 / Section 76-15-401
76-15-401 Study of problems relating to soil and water conservation
Status: in_force

76-15-401 . Study of problems relating to soil and water conservation. (1) A conservation district and the supervisors thereof shall have the power to:

(a) conduct surveys, investigations, and research relating to the character of soil erosion, floodwater and sediment damages, and water quality as it pertains to saline seep and to the conservation, development, utilization, and disposal of water and the preventive and control measures and works of improvement needed;

(b) publish the results of such surveys, investigations, or research; and

(c) disseminate information concerning such preventive and control measures and works of improvement.

(2) In order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies or with the United States or any of its agencies.
Mont. Code Ann. § 76-13-124 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-124
76-13-124 Throwing lighted materials
Status: in_force

76-13-124 . Throwing lighted materials. A person who throws or places any lighted material or flaming or glowing substance that may start a fire is subject to the penalty provided in 50-63-102 and is subject to the provisions of 50-63-103 .
Mont. Code Ann. § 76-13-205 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-205
76-13-205 Determination of boundaries of district
Status: in_force

76-13-205 . Determination of boundaries of district. In establishing boundaries of organized wildland fire protection districts, the department may for the purpose of administrative convenience designate recognizable landmarks as boundaries.
Mont. Code Ann. § 76-6-105 — MT Code / Title 76 / Chapter 6 / Part 1 / Section 76-6-105
76-6-105 Construction of chapter
Status: in_force

76-6-105 . Construction of chapter. (1) To the extent that the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter are controlling. The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law.

(2) This chapter may not be construed to imply that any easement, covenant, condition, or restriction that does not have the benefit of this chapter is not enforceable based on any provisions of this chapter. This chapter does not diminish the powers granted by any general or special law to acquire by purchase, gift, eminent domain pursuant to Title 70, chapter 30, or otherwise and to use land for public purposes.
Mont. Code Ann. § 76-1-601 — MT Code / Title 76 / Chapter 1 / Part 6 / Section 76-1-601
76-1-601 Growth policy -- contents
Status: in_force

76-1-601 . Growth policy -- contents. (1) A growth policy may cover all or part of the jurisdictional area.

(2) The extent to which a growth policy addresses the elements listed in subsection (3) is at the full discretion of the governing body.

(3) A growth policy must include:

(a) community goals and objectives;

(b) maps and text describing an inventory of the existing characteristics and features of the jurisdictional area, including:

(i) land uses;

(ii) population;

(iii) housing needs;

(iv) economic conditions;

(v) local services;

(vi) public facilities;

(vii) natural resources;

(viii) sand and gravel resources; and

(ix) other characteristics and features proposed by the planning board and adopted by the governing bodies;

(c) projected trends for the life of the growth policy for each of the following elements:

(i) land use;

(ii) population;

(iii) housing needs;

(iv) economic conditions;

(v) local services;

(vi) natural resources; and

(vii) other elements proposed by the planning board and adopted by the governing bodies;

(d) a description of policies, regulations, and other measures to be implemented in order to achieve the goals and objectives established pursuant to subsection (3)(a);

(e) a strategy for development, maintenance, and replacement of public infrastructure, including drinking water systems, wastewater treatment facilities, sewer systems, solid waste facilities, fire protection facilities, roads, and bridges;

(f) an implementation strategy that includes:

(i) a timetable for implementing the growth policy;

(ii) a list of conditions that will lead to a revision of the growth policy; and

(iii) a timetable for reviewing the growth policy at least once every 5 years and revising the policy if necessary;

(g) a statement of how the governing bodies will coordinate and cooperate with other jurisdictions that explains:

(i) if a governing body is a city or town, how the governing body will coordinate and cooperate with the county in which the city or town is located on matters related to the growth policy;

(ii) if a governing body is a county, how the governing body will coordinate and cooperate with cities and towns located within the county's boundaries on matters related to the growth policy;

(h) a statement explaining how the governing bodies will:

(i) define the criteria in 76-3-608 (3)(a); and

(ii) evaluate and make decisions regarding proposed subdivisions with respect to the criteria in 76-3-608 (3)(a);

(i) a statement explaining how public hearings regarding proposed subdivisions will be conducted; and

(j) an evaluation of the potential for fire and wildland fire in the jurisdictional area, including whether or not there is a need to:

(i) delineate the wildland-urban interface; and

(ii) adopt regulations requiring:

(A) defensible space around structures;

(B) adequate ingress and egress to and from structures and developments to facilitate fire suppression activities; and

(C) adequate water supply for fire protection.

(4) A growth policy may:

(a) include one or more neighborhood plans. A neighborhood plan must be consistent with the growth policy.

(b) establish minimum criteria defining the jurisdictional area for a neighborhood plan;

(c) establish an infrastructure plan that, at a minimum, includes:

(i) projections, in maps and text, of the jurisdiction's growth in population and number of residential, commercial, and industrial units over the next 20 years;

(ii) for a city, a determination regarding if and how much of the city's growth is likely to take place outside of the city's existing jurisdictional area over the next 20 years and a plan of how the city will coordinate infrastructure planning with the county or counties where growth is likely to take place;

(iii) for a county, a plan of how the county will coordinate infrastructure planning with each of the cities that project growth outside of city boundaries and into the county's jurisdictional area over the next 20 years;

(iv) for cities, a land use map showing where projected growth will be guided and at what densities within city boundaries;

(v) for cities and counties, a land use map that designates infrastructure planning areas adjacent to cities showing where projected growth will be guided and at what densities;

(vi) using maps and text, a description of existing and future public facilities necessary to efficiently serve projected development and densities within infrastructure planning areas, including, whenever feasible, extending interconnected municipal street networks, sidewalks, trail systems, public transit facilities, and other municipal public facilities throughout the infrastructure planning area. For the purposes of this subsection (4)(c)(vi), public facilities include but are not limited to drinking water treatment and distribution facilities, sewer systems, wastewater treatment facilities, solid waste disposal facilities, parks and open space, schools, public access areas, roads, highways, bridges, and facilities for fire protection, law enforcement, and emergency services;

(vii) a description of proposed land use management techniques and incentives that will be adopted to promote development within cities and in an infrastructure planning area, including land use management techniques and incentives that address issues of housing affordability;

(viii) a description of how and where projected development inside municipal boundaries for cities and inside designated joint infrastructure planning areas for cities and counties could adversely impact:

(A) threatened or endangered wildlife and critical wildlife habitat and corridors;

(B) water available to agricultural water users and facilities;

(C) the ability of public facilities, including schools, to safely and efficiently service current residents and future growth;

(D) a local government's ability to provide adequate local services, including but not limited to emergency, fire, and police protection;

(E) the safety of people and property due to threats to public health and safety, including but not limited to wildfire, flooding, erosion, water pollution, hazardous wildlife interactions, and traffic hazards;

(F) natural resources, including but not limited to forest lands, mineral resources, sand and gravel resources, streams, rivers, lakes, wetlands, and ground water; and

(G) agricultural lands and agricultural production; and

(ix) a description of measures, including land use management techniques and incentives, that will be adopted to avoid, significantly reduce, or mitigate the adverse impacts identified under subsection (4)(c)(viii).

(d) include any elements required by a federal land management agency in order for the governing body to establish coordination or cooperating agency status as provided in 76-1-607 .

(5) The planning board may propose and the governing bodies may adopt additional elements of a growth policy in order to fulfill the purpose of this chapter.
Mont. Code Ann. § 76-16-204 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-204
76-16-204 Articles of incorporation
Status: in_force

76-16-204 . Articles of incorporation. (1) Upon the issuance of the certificate of approval, three or more persons who own or control commensurate property and are livestock operators within or near the proposed state district may prepare articles of incorporation and file them in the office of the secretary of state without payment of fees.

(2) The articles must be accompanied by the certificate of approval and signed, sealed, and acknowledged. The articles, as prescribed by the commission, shall substantially state the following:

(a) the name of the state district, the last four words of which must be "cooperative state grazing district";

(b) the county or counties in which the state district is located and the place where the principal office and business of the state district will be conducted;

(c) the membership fee for each member of the state district, which may not be more than $5;

(d) the names and residences of the persons who subscribe, together with a statement that each owns or controls commensurate property and is a livestock operator within the proposed state district;

(e) the powers of the state district, which may not be inconsistent with this chapter;

(f) the officers of the state district, their principal duties, and the principal duties of the board of directors;

(g) the purpose for which the state district is incorporated.
Mont. Code Ann. § 76-5-105 — MT Code / Title 76 / Chapter 5 / Part 1 / Section 76-5-105
76-5-105 Authority to enter and investigate lands or waters
Status: in_force

76-5-105 . Authority to enter and investigate lands or waters. (1) The department or the responsible political subdivision may make reasonable entry upon any lands and waters in the state for the purpose of making an investigation, survey, removal, or repair contemplated by parts 1 through 4 of this chapter. Unless written consent is obtained, however, the department or the responsible political subdivision shall provide written notice of its entry by personal delivery to the owner, owner's agent, lessee, or lessee's agent whose lands will be entered. If none of these persons can be found, the department or the responsible political subdivision shall affix a copy of the notice to one or more conspicuous places on the property.

(2) An investigation of a natural or artificial obstruction or nonconforming use shall be made by the department or the responsible political subdivision either on its own initiative, on the written request of three titleholders of land abutting the watercourse or drainway involved, or on the written request of a political subdivision. Upon the request of an owner, owner's agent, lessee, or lessee's agent whose lands will be entered to undertake the investigation, the department or the responsible political subdivision shall release the names and addresses of the persons or political subdivision requesting the investigation.
Mont. Code Ann. § 76-4-103 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-103
76-4-103 What constitutes subdivision
Status: in_force

76-4-103 . What constitutes subdivision. The plat for a subdivision must show all parcels, whether contiguous or not. A parcel that is 20 acres or more in size, exclusive of public roadways, is not subject to review under this part unless the parcel provides two or more permanent spaces for recreational camping vehicles or mobile homes. The rental or lease of one or more parts of a single building, structure, or other improvement, whether existing or proposed, is not a subdivision, as that term is defined in this part, and is not subject to the requirements of this part.
Mont. Code Ann. § 76-4-102 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-102
76-4-102 Definitions
Status: in_force

76-4-102 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Adequate county water and/or sewer district facilities" means facilities provided by a county water and/or sewer district incorporated under Title 7, chapter 13, that operate in compliance with Title 75, chapters 5 and 6.

(2) "Adequate municipal facilities" means municipally, publicly, or privately owned facilities that supply water, treat sewage, or dispose of solid waste for all or most properties within the boundaries of a municipality and that are operating in compliance with Title 75, chapters 5 and 6, including development plans approved by the department pursuant to 75-6-130 .

(3) "Board" means the board of environmental review.

(4) "Certifying authority" means a municipality or a county water and/or sewer district that meets the eligibility requirements established by the department under 76-4-104 (7).

(5) "Department" means the department of environmental quality.

(6) "Eligible county water and/or sewer district" means a county water district, a county sewer district, or a county water and sewer district that:

(a) is incorporated under 7-13-2203 ;

(b) is operated in compliance with Title 75, chapters 5 and 6; and

(c) employs or retains a professional engineer.

(7) "Extension of a public sewage system" means a sewerline that connects two or more sewer service lines to a sewer main.

(8) "Extension of a public water supply system" means a waterline that connects two or more water service lines to a water main.

(9) "Facilities" means public or private facilities for the supply of water or disposal of sewage or solid waste and any pipes, conduits, or other stationary method by which water, sewage, or solid wastes might be transported or distributed.

(10) "Independent reviewer" means a registered sanitarian or registered professional engineer that the department has certified to conduct a review under 76-4-104 .

(11) "Individual water system" means any water system that serves one living unit or commercial unit and that is not a public water supply system as defined in 75-6-102 .

(12) "Mixing zone" has the meaning provided in 75-5-103 .

(13) (a) "Proposed drainfield mixing zone" means a mixing zone submitted for approval under this chapter after March 30, 2011, for a parcel that was created after March 30, 2011.

(b) The term does not include a mixing zone approved under this chapter before March 30, 2011, or a mixing zone approved under Title 50, chapter 2, part 1, before October 1, 2025.

(14) (a) "Proposed well isolation zone" means a well isolation zone submitted for approval under this chapter after October 1, 2013.

(b) The term does not include well isolation zones that existed or were approved under this chapter prior to October 1, 2013.

(15) "Public sewage system" or "public sewage disposal system" means a public sewage system as defined in 75-6-102 .

(16) "Public water supply system" has the meaning provided in 75-6-102 .

(17) "Regional authority" means any regional water authority, regional wastewater authority, or regional water and wastewater authority organized pursuant to the provisions of Title 75, chapter 6, part 3.

(18) "Registered professional engineer" means a person licensed to practice as a professional engineer under Title 37, chapter 67.

(19) "Registered sanitarian" means a person licensed to practice as a sanitarian under Title 37, chapter 40.

(20) "Reviewing authority" means the department or a local department or board of health certified to conduct a review under 76-4-104 .

(21) "Sanitary restriction" means a prohibition against the erection of any dwelling, shelter, or building requiring facilities for the supply of water or the disposition of sewage or solid waste or the construction of water supply or sewage or solid waste disposal, facilities until the department has approved plans for those facilities.

(22) "Sewage" has the meaning provided in 75-5-103 .

(23) "Sewer service line" means a sewerline that connects a single building or living unit to a public sewage system or to an extension of a public sewage system.

(24) "Solid waste" has the meaning provided in 75-10-103 .

(25) "Subdivision" means a division of land or land so divided that creates one or more parcels containing less than 20 acres, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed and includes any resubdivision, any condominium, townhome, or townhouse, or any parcel, regardless of size, that provides two or more permanent spaces for recreational camping vehicles or mobile homes.

(26) "Water service line" means a waterline that connects a single building or living unit to a public water supply system or to an extension of a public water supply system.

(27) "Well isolation zone" means the area within a 100-foot radius of a water well or a smaller, site-specific radius as approved by the department.
Mont. Code Ann. § 76-5-108 — MT Code / Title 76 / Chapter 5 / Part 1 / Section 76-5-108
76-5-108 Permit construed as added requirement
Status: in_force

76-5-108 . Permit construed as added requirement. The granting of a permit under parts 1 through 4 of this chapter does not affect any other type of approval required by any other statute or ordinance of the state, of any political subdivision, or of the United States but is an added requirement.
Mont. Code Ann. § 76-15-108 — MT Code / Title 76 / Chapter 15 / Part 1 / Section 76-15-108
76-15-108 Conservation district fund -- conservation district special revenue account
Status: in_force

76-15-108 . Conservation district fund -- conservation district special revenue account. (1) There is a conservation district fund administered by the department of administration. Pursuant to 17-5-703 , a percentage of coal severance taxes received by the state must be deposited into this fund. Earnings not transferred to the conservation district account as provided in subsection (2) must be retained in the conservation district fund.

(2) The conservation district account established in 76-15-106 receives earnings from the conservation district fund as provided in 17-5-703 .
Mont. Code Ann. § 76-14-116 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-116
76-14-116 Rules
Status: in_force

76-14-116 . Rules. The department shall adopt rules:

(1) prescribing the form and content of applications for loans and the required conservation plan;

(2) governing the application of the criteria for awarding loans and the procedure for the review of applications by conservation district supervisors, the committee, and the department;

(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; and

(5) prescribing the conditions for making loans.
Mont. Code Ann. § 76-15-603 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-603
76-15-603 Investigation of need for project area
Status: in_force

76-15-603 . Investigation of need for project area. Prior to the hearing, the board or boards of supervisors shall make or cause to be made an investigation of the need for establishment of the proposed project area and shall prepare a report of their findings.
Mont. Code Ann. § 76-16-101 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-101
76-16-101 Short title
Status: in_force

76-16-101 . Short title. This chapter may be cited as the "Grass Conservation Act".
Mont. Code Ann. § 76-3-603 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-603
76-3-603 Contents of environmental assessment
Status: in_force

76-3-603 . Contents of environmental assessment. (1) When required, the environmental assessment must accompany the subdivision application and must include:

(a) for a major subdivision:

(i) a description of every body or stream of surface water that may be affected by the proposed subdivision, together with available ground water information, and a description of the topography, vegetation, and wildlife use within the area of the proposed subdivision;

(ii) a summary of the probable impacts of the proposed subdivision based on the criteria described in 76-3-608 ;

(iii) a community impact report containing a statement of anticipated needs of the proposed subdivision for local services, including education and busing; roads and maintenance; water, sewage, and solid waste facilities; and fire and police protection; and

(iv) additional relevant and reasonable information related to the applicable regulatory criteria adopted under 76-3-501 as may be required by the governing body;

(b) except as provided in 76-3-609 , for a minor subdivision, a summary of the probable impacts of the proposed subdivision based on the criteria described in 76-3-608 .

(2) An environmental assessment conducted pursuant to this chapter is distinct from an environmental review conducted pursuant to Title 75, chapter 1. The standards of review applicable to an environmental review conducted pursuant to Title 75, chapter 1, do not apply to an environmental assessment conducted pursuant to this chapter.
Mont. Code Ann. § 76-5-406 — MT Code / Title 76 / Chapter 5 / Part 4 / Section 76-5-406
76-5-406 Criteria to be considered in connection with variance request
Status: in_force

76-5-406 . Criteria to be considered in connection with variance request. In passing upon the application, the department or the responsible political subdivision shall consider in accordance with the minimum standards established by the department:

(1) the danger to life and property by water that may be backed up or diverted by the obstruction or use;

(2) the danger that the obstruction or use will be swept downstream to the injury of others;

(3) the availability of alternate locations;

(4) the construction or alteration of the obstruction or use in such a manner as to lessen the danger;

(5) the permanence of the obstruction or use;

(6) the anticipated development in the foreseeable future of the area that may be affected by the obstruction or use; and

(7) other factors in harmony with the purpose of parts 1 through 4 of this chapter.
Mont. Code Ann. § 76-12-109 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-109
76-12-109 Report to legislature
Status: in_force

76-12-109 . Report to legislature. The board may, as provided in 5-11-210 , submit to each legislature a report on its designation and acquisition activities.
Mont. Code Ann. § 76-13-401 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-401
76-13-401 Definitions
Status: in_force

76-13-401 . Definitions. As used in this part, the following definitions apply:

(1) "Certificate of clearance" means a certificate issued by the department acknowledging that the fire hazard has been reduced or managed in accordance with this part and the fire hazard reduction agreement or agreements.

(2) "Contractor" means the person who executes the fire hazard reduction agreement and is responsible to fulfill the obligations established by the agreement.

(3) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.

(4) "Exemption certificate" means an exemption from the provisions of this part that must be granted by the department for the harvest of merchantable trees within the boundaries of an incorporated city or town.

(5) "Fire hazard" means slash and debris resulting from timber cutting, timber stand improvement, or right-of-way clearing operations that produce a cover of flammable material in which fire could spread through a cutting or adjacent area.

(6) "Fire hazard reduction agreement" means a contract made to ensure compliance with this part and with the rules adopted under 76-13-403 for fire hazard reduction or management on private forest lands.

(7) "Fire hazard reduction or management" means the abatement of a fire hazard on private forest lands by methods that include but are not limited to separation, removal, scattering, lopping, crushing, piling and burning, broadcast burning, burying, or chipping.

(8) "Forest product" means trees or their component parts, including but not limited to logs, poles, branches, or bark.

(9) "Master fire hazard reduction agreement" means a fire hazard reduction agreement between the department and persons engaged in continuing cutting operations of sufficient number and size to warrant covering these operations under a single agreement and a single bond.

(10) "Minimum slash hazard" means an amount of slash and debris generated by noncommercial activities or small-scale activities, which may include but are not limited to harvesting sawlogs or firewood, weeding, pruning, or clearing on private land within the state.

(11) "Person" means an individual, association, partnership, corporation, estate, or any other entity.

(12) "Private forest lands" means all lands of whatever character containing merchantable timber that are not owned by the state, a political subdivision of the state, the United States, any agency of the United States, or an Indian tribe.

(13) "Purchaser" means a person who purchases or contracts to purchase any forest products cut from private forest lands within the state. The term includes persons who purchase products manufactured on the cutting area.

(14) "Small-scale activity" means an activity in which the amount of forest products sold:

(a) does not exceed two log truck loads, each with a maximum of two trailers towed in tandem; or

(b) is less than 10,000 board feet (log scale) or an equivalent measure.
Mont. Code Ann. § 76-6-109 — MT Code / Title 76 / Chapter 6 / Part 1 / Section 76-6-109
76-6-109 Powers of public bodies -- county real property acquisition procedure maintained
Status: in_force

76-6-109 . Powers of public bodies -- county real property acquisition procedure maintained. (1) A public body has the power to carry out the purposes and provisions of this chapter, including the following powers in addition to others granted by this chapter:

(a) to borrow funds and make expenditures necessary to carry out the purposes of this chapter;

(b) to advance or accept advances of public funds;

(c) to apply for and accept and use grants and any other assistance from the federal government and any other public or private sources, to give security as may be required, to enter into and carry out contracts or agreements in connection with the assistance, and to include in any contract for assistance from the federal government conditions imposed pursuant to federal laws as the public body may consider reasonable and appropriate and that are not inconsistent with the purposes of this chapter;

(d) to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this chapter;

(e) in connection with the real property acquired or designated for the purposes of this chapter, to provide or to arrange or contract for the provision, construction, maintenance, operation, or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities or structures that may be necessary to the provision, preservation, maintenance, and management of the property as open-space land;

(f) to insure or provide for the insurance of any real or personal property or operations of the public body against any risks or hazards, including the power to pay premiums on the insurance;

(g) to demolish or dispose of any structures or facilities that may be detrimental to or inconsistent with the use of real property as open-space land; and

(h) to exercise any of its functions and powers under this chapter jointly or cooperatively with public bodies of one or more states, if they are authorized by state law, and with one or more public bodies of this state and to enter into agreements for joint or cooperative action.

(2) For the purposes of this chapter, the state, a city, town, or other municipality, or a county may:

(a) appropriate funds;

(b) subject to 15-10-420 , levy taxes and assessments according to existing codes and statutes;

(c) issue and sell its general obligation bonds in the manner and within the limitations prescribed by the applicable laws of the state, subject to subsection (3); and

(d) exercise its powers under this chapter through a board or commission or through the office or officers that its governing body by resolution determines or as the governor determines in the case of the state.

(3) Open space levies and property taxes pledged to the payment of the principal and interest on general obligation bonds issued by a city, town, other municipality, or county pursuant to this chapter may not be levied against the following property:

(a) agricultural land eligible for valuation, assessment, and taxation as agricultural land under 15-7-202 ;

(b) forest land as defined in 15-44-102 ;

(c) all agricultural improvements on agricultural land referred to in subsection (3)(a);

(d) all noncommercial improvements on forest land referred to in subsection (3)(b); and

(e) agricultural implements and equipment described in 15-6-138 (1)(a).

(4) This chapter does not supersede the provisions of Title 7, chapter 8, parts 22 and 25.
Mont. Code Ann. § 76-4-121 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-121
76-4-121 Restrictions on subdivision activities
Status: in_force

76-4-121 . Restrictions on subdivision activities. A person may not dispose of any lot within a subdivision, erect any facility for the supply of water or disposal of sewage or solid waste, erect any building or shelter in a subdivision that requires facilities for the supply of water or disposal of sewage or solid waste, or occupy any permanent buildings in a subdivision until:

(1) a certificate of subdivision approval has been issued pursuant to 76-4-114 indicating that the reviewing authority has approved the subdivision application and that the subdivision is not subject to a sanitary restriction;

(2) the certifying authority has provided certification pursuant to 76-4-127 that the subdivision will be provided with adequate municipal or county water and/or sewer district facilities and adequate storm water drainage; or

(3) the subdivision is otherwise exempt from review under 76-4-125 .
Mont. Code Ann. § 76-1-306 — MT Code / Title 76 / Chapter 1 / Part 3 / Section 76-1-306
76-1-306 Staff -- service contracts
Status: in_force

76-1-306 . Staff -- service contracts. The governing body shall assign staff employed by the governing body to assist the planning board in conducting its duties. The planning board may delegate to assigned staff the authority to perform ministerial acts in all cases except when final action of the planning board is necessary. The governing body may make contracts for special or temporary services and any professional services.
Mont. Code Ann. § 76-13-302 — MT Code / Title 76 / Chapter 13 / Part 3 / Section 76-13-302
76-13-302 Definitions
Status: in_force

76-13-302 . Definitions. In this part, the following definitions apply:

(1) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.

(2) "Forest land" means any land that has enough forest growth, standing or down, to constitute in the judgment of the department an insect or disease infestation breeding ground of a nature to constitute a menace, injurious and dangerous to the forest resources in the district or zone of infestation.

(3) "Forest landowner" means the person, firm, association, or corporation having the actual, beneficial ownership of forest land or timber, other than an easement, right-of-way, or mineral reservation.

(4) "Salvage" means the timely removal of dead and dying timber or timber that is threatened by insects, disease, fire, or windthrow when the removal of timber will help contain insect or disease outbreaks, aid in the prevention of wildfire, or provide long-range protection for such forest resources as wildlife, water, soils, or air quality.
Mont. Code Ann. § 76-13-210 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-210
76-13-210 Payment under protest
Status: in_force

76-13-210 . Payment under protest. An owner who is required to pay to the county treasurer any sum for wildland fire protection as required by part 1 or this part and who contends that the owner is not legally obligated to pay the sum or a part of the sum shall pay it to the county treasurer under written protest, stating the reasons for the protest. The payment under protest and all proceedings subsequent to the payment must conform with the law of this state providing for the payment of taxes under protest and action to recover the payment. In the hearing and determination of any action to recover the payment under protest, all questions of the legality and reasonableness of the proceedings of the department may be reviewed and decided.
Mont. Code Ann. § 76-1-110 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-110
76-1-110 Cooperation with planning board by state and local governments
Status: in_force

76-1-110 . Cooperation with planning board by state and local governments. Whenever the board undertakes the preparation of a growth policy, the departments and officials of state, city, county, and separate taxing units operating within lands under the jurisdiction of the board shall make available, upon the request of the board, information, documents, and plans that have been prepared or, upon the request of the board, shall provide any information that relates to the board's activity.
Mont. Code Ann. § 76-5-1103 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1103
76-5-1103 Water conservation and flood control activities declared public purpose
Status: in_force

76-5-1103 . Water conservation and flood control activities declared public purpose. Such water conservation and flood control activities and their establishment, construction, operation, and maintenance as authorized by this part are declared to be for the protection of the tax base of the city, town, or county; for the protection of public roads, lands, and improvements; for the protection of the public health, sanitation, and safety; and for improvement of the general welfare.
Mont. Code Ann. § 76-15-301 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-301
76-15-301 Establishment of supervisor areas and reorganization of district governing bodies
Status: in_force

76-15-301 . Establishment of supervisor areas and reorganization of district governing bodies. (1) (a) A conservation district is authorized to divide the unincorporated area of the district into no more than five supervisor areas.

(b) Each supervisor area must be represented by one supervisor. If less than five supervisor areas are established, a sufficient number of supervisors must be elected at large to complete the governing body of the district as provided in 76-15-311 (1).

(2) (a) In a district containing no incorporated municipalities that are completely within the boundaries of the district, the department shall, upon passage of a resolution by the district to transition to seven supervisors, reorganize the district as provided in 76-15-305 and this subsection (2).

(b) A district that is reorganized pursuant to this section may be divided into no more than seven supervisor areas.

(3) If provided by ordinance of the district, a supervisor must reside in the area the supervisor represents.
Mont. Code Ann. § 76-15-514 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-514
76-15-514 Regular and special assessments
Status: in_force

76-15-514 . Regular and special assessments. Assessments levied pursuant to this part and part 6 shall be known as regular and special assessments.
Mont. Code Ann. § 76-13-145 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-145
76-13-145 Designation of wildland-urban interface parcels
Status: in_force

76-13-145 . Designation of wildland-urban interface parcels. (1) Subject to the provisions of this section, the department shall identify the parcels of property in the state that are considered to be wildland-urban interface parcels, delineate those parcels on maps, and ensure that the maps and information on the maps are available to the public, local governing bodies, and governmental fire agencies organized under Title 7, chapter 33.

(2) (a) Except as provided in subsection (2)(b), the department shall identify a county's wildland-urban interface parcels based on the wildland-urban interface designation developed as part of the county's completion of a community wildfire protection plan under 16 U.S.C. 6501, et seq., the Healthy Forests Restoration Act of 2003.

(b) If a community wildfire protection plan has not been adopted, the department shall:

(i) provide notice to the county governing body that the department intends to designate the wildland-urban interface within the county's jurisdictional boundary;

(ii) allow up to 18 months for the county to complete and adopt a community wildfire protection plan if a county had begun the process of developing a plan prior to receiving the notice from the department under subsection (2)(b)(i);

(iii) review and consider the analysis of the potential for fire and wildland fire in the county's growth policy, as required in 76-1-601 (3)(j) if a growth policy has been adopted;

(iv) consult with the county governing body and governmental fire agencies organized under Title 7, chapter 33, regarding appropriate parcels to designate as wildland-urban interface parcels; and

(v) clearly identify and make available to the county governing body and governmental fire agencies the criteria the department intends to use in designating parcels.

(3) Location of a property within the wildland-urban interface designated under this section may not be the sole reason for assessing additional fire protection fees, impact fees, or other fees against the property.

(4) The department shall review each county's wildland-urban interface designation every 5 years, make changes as necessary, and maintain accurate maps and other identifying information.
Mont. Code Ann. § 76-10-103 — MT Code / Title 76 / Chapter 10 / Part 1 / Section 76-10-103
76-10-103 Written permission or permit to wildcraft required
Status: in_force

76-10-103 . Written permission or permit to wildcraft required. (1) It is unlawful for any person to wildcraft or transport wildcrafted plant material without having in the person's possession a bill of sale, a signed, written permission form, or a permit from a landowner to wildcraft from the property from which the material is wildcrafted. The written permission or permit must include the following:

(a) the date the permission is given or the permit is issued;

(b) the name, address, telephone number, and signature of the person granting the permission or issuing the permit;

(c) the name, address, and telephone number of the person that is granted the permission or issued the permit;

(d) the common name or scientific name of the plant to be wildcrafted;

(e) the amount and specified part of the plant material to be wildcrafted;

(f) a description of the location on the property from which plant material may be wildcrafted;

(g) the expiration date of the permission or permit; and

(h) the license plate number of the vehicle to be used for the purposes of wildcrafting.

(2) Written permission given or a permit issued to the person supervising a crew of wildcrafters is an acceptable substitute for individual permission or permits.
Mont. Code Ann. § 76-2-108 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-108
76-2-108 Permits authorized
Status: in_force

76-2-108 . Permits authorized. The planning and zoning commission hereby is empowered to authorize and provide for the issuance of permits as a prerequisite to construction, alteration, or enlargement of any building or structure otherwise subject to the provisions of this part and may establish and collect reasonable fees therefor. The fees so collected are to go to the general fund of the county.
Mont. Code Ann. § 76-1-201 — MT Code / Title 76 / Chapter 1 / Part 2 / Section 76-1-201
76-1-201 Membership of city-county planning board
Status: in_force

76-1-201 . Membership of city-county planning board. (1) Except as provided in subsection (2), a city-county planning board consists of no fewer than nine members to be appointed as follows:

(a) two official members who reside outside the city limits but within the jurisdictional area of the city-county planning board to be appointed by the board of county commissioners, who may in the discretion of the board of county commissioners be employed by or hold public office in the county;

(b) two official members who reside within the city limits to be appointed by the city council, who may in the discretion of the city council be employed by or hold public office in the city;

(c) two citizen members who reside within the city limits to be appointed by the mayor of the city;

(d) two citizen members who reside within the jurisdictional area of the city-county planning board to be appointed by the board of county commissioners;

(e) the ninth member to be appointed by the board of supervisors of a conservation district provided for in 76-15-311 from the members or associate members of the board of supervisors, subject to approval of the members provided for in subsections (1)(a) through (1)(d).

(2) Subsection (1)(e) does not apply if there is no member or associate member of the board of supervisors of a conservation district who is able or willing to serve on the city-county planning board. In that case, the ninth member of the city-county planning board must be selected by the eight officers and citizen members pursuant to subsections (1)(a) through (1)(d), with the consent and approval of the board of county commissioners and the city council.
Mont. Code Ann. § 76-16-211 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-211
76-16-211 Dissolution of state district
Status: in_force

76-16-211 . Dissolution of state district. (1) If a state district ceases to function in accordance with its bylaws and this chapter and it appears to the commission that the reinstatement and future operation of the state district is no longer feasible, beneficial, and desirable to the majority of members of the state district, the commission, after a hearing and upon 30 days' notice in writing, published for 2 consecutive weeks in a newspaper of general circulation in or nearest to the state district, may dissolve the state district.

(2) A notice of the dissolution must be filed by the commission with the secretary of state and the clerk and recorder of the county or counties in which the state district is located.
Mont. Code Ann. § 76-14-102 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-102
76-14-102 Purpose
Status: in_force

76-14-102 . Purpose. The purpose of this part is to establish a program of rangeland management whereby:

(1) the importance of Montana's rangeland with respect to livestock, forage, wildlife habitat, high-quality water production, pollution control, erosion control, recreation, and the natural beauty of the state is recognized;

(2) cooperation and coordination of range management activities between persons and organizations charged with or having the management of rangeland, whether private or public, can be promoted and developed; and

(3) those who are doing exceptional work in range management can receive appropriate recognition.
Mont. Code Ann. § 76-13-204 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-204
76-13-204 Creation, annexation of land into, and dissolution of wildland fire protection districts
Status: in_force

76-13-204 . Creation, annexation of land into, and dissolution of wildland fire protection districts. (1) In accordance with the provisions of subsections (2) and (3), the department may create, annex land to, or dissolve wildland fire protection districts.

(2) Before a district is created, land is annexed into a district, or a district is dissolved, the department shall hold a hearing in any county in which land affected by the proposed change is located.

(a) The department shall give notice at least 20 days in advance of the hearing to all property owners to be affected by the proposed change. Service of the notice must be made by certified mail to each affected property owner and by publication of the notice in a newspaper published or generally circulated in the county in which the hearing is to be held.

(b) The department shall consider the arguments made for and against the proposed change in making a determination under this section.

(3) (a) A wildland fire protection district may not be created or dissolved unless approved in writing by a vote of not less than 51% of the owners representing at least 51% of the acreage to be involved in the affected wildland fire protection district.

(b) Land may not be annexed into a district unless approved by 51% of the owners representing at least 51% of the acreage to be annexed.

(4) Land annexed into a district may not be removed from that district unless that district is dissolved.
Mont. Code Ann. § 76-16-107 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-107
76-16-107 Range for wild game animals
Status: reserved

76-16-107 . Range for wild game animals. In each state district a sufficient carrying capacity of range must be reserved for the maintenance of a reasonable number of wild game animals to use the range in common with livestock grazing in the state district. The commission may act in an advisory capacity to the department of fish, wildlife, and parks in the protection of wildlife within the boundaries of all state districts.
Mont. Code Ann. § 76-1-307 — MT Code / Title 76 / Chapter 1 / Part 3 / Section 76-1-307
76-1-307 Compensation and expenses of board members and employees
Status: in_force

76-1-307 . Compensation and expenses of board members and employees. (1) The members of planning boards shall receive no salary for serving on the planning board but may be reimbursed from local funds for transportation and actual expenses up to but not exceeding state transportation reimbursements and allowable expenses incurred in attending planning board meetings.

(2) When the planning board determines that it is necessary for members or employees to attend a regional or national conference or interview in another city, county, or state dealing with planning or related problems, the planning board may pay the actual expenses of the attending members or employees provided the amount has been made available in the board's appropriation.
Mont. Code Ann. § 76-3-209 — MT Code / Title 76 / Chapter 3 / Part 2 / Section 76-3-209
76-3-209 Exemption from surveying and platting requirements for lands acquired for state highways
Status: in_force

76-3-209 . Exemption from surveying and platting requirements for lands acquired for state highways. Instruments of transfer of land which is acquired for state highways may refer by parcel and project number to state highway plans which have been recorded in compliance with 60-2-209 and are exempted from the surveying and platting requirements of this chapter. If such parcels are not shown on highway plans of record, instruments of transfer of such parcels shall be accompanied by and refer to appropriate certificates of survey and plats when presented for recording.
Mont. Code Ann. § 76-2-340 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-340
76-2-340 Effect on amateur radio antenna
Status: in_force

76-2-340 . 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. § 76-15-214 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-214
76-15-214 Evidentiary status of certificate issued by secretary of state
Status: in_force

76-15-214 . Evidentiary status of certificate issued by secretary of state. In a suit, action, or proceeding involving the validity or enforcement of or relating to a contract, proceeding, or action of the district, the district shall be considered to have been established in accordance with this chapter upon proof of the issuance of the certificate by the secretary of state. A copy of the certificate, duly certified by the secretary of state, is admissible in evidence in the suit, action, or proceeding and is proof of the filing and contents thereof.
Mont. Code Ann. § 76-2-107 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-107
76-2-107 Preparation of resolutions and other materials
Status: in_force

76-2-107 . Preparation of resolutions and other materials. (1) The planning and zoning commission may, for the benefit and welfare of the county, prepare and submit to the board of county commissioners drafts of resolutions for the purpose of carrying out the development districts or any part of the development districts previously adopted by the commission, including zoning and land use regulations, the making of official maps, and the preservation of the integrity of the development districts and the official maps and including procedure for appeals from decisions made under the authority of the regulations and regulations for the conservation of the natural resources of the county. The board of county commissioners is authorized to adopt these resolutions.

(2) Notwithstanding the provisions of 76-2-104 and subsection (1) of this section, if the planning and zoning commission is unable to make and adopt a development pattern or to adopt a development district, the board of county commissioners may adopt a resolution to void a planning and zoning district created pursuant to 76-2-101 .