Mont. Code Ann. § 76-13-116 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-116
76-13-116 Duties of firewardens -- liability
Status: in_force

76-13-116 . Duties of firewardens -- liability. (1) In addition to the duties prescribed by rule pursuant to 76-13-104 (7), a firewarden appointed by the department shall promptly report all fires to the department, take immediate and active steps toward their extinguishment, report any violation of the provisions of Title 76, chapter 13, parts 1 and 2, and assist in apprehending and convicting offenders.

(2) A firewarden is not liable for civil action for trespass committed in the discharge of the firewarden's duties, and the provisions of 45-6-203 do not apply to a firewarden acting within the course and scope of the firewarden's duties.

(3) A firewarden who has information that shows, with reasonable certainty, that a person has violated any provision of Title 76, chapter 13, parts 1 and 2, shall immediately take action against the offender by making a complaint before the appropriate authority or by providing information to the appropriate county attorney and shall obtain all possible evidence pertaining to the violation.
Mont. Code Ann. § 76-16-304 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-304
76-16-304 Effect of transfer of land
Status: in_force

76-16-304 . Effect of transfer of land. When a member disposes of a part of the lands or leases owned by that member so that another person becomes the owner of the lands or leases and acquires the right to membership, then the rights and interest involved must be determined by the directors of the state district with the approval of the commission.
Mont. Code Ann. § 76-1-113 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-113
76-1-113 Effect of chapter on natural resources
Status: in_force

76-1-113 . Effect of chapter on natural resources. (1) Except as provided in subsection (2), nothing in this chapter may be considered to authorize an ordinance, resolution, or rule that would prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources by the owner thereof.

(2) The complete use, development, or recovery of a mineral by an operation that mines sand and gravel and an operation that mixes concrete or batches asphalt on a site that is located within a geographic area zoned as residential are subject to the zoning regulations adopted under Title 76, chapter 2.
Mont. Code Ann. § 76-2-201 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-201
76-2-201 County zoning authorized
Status: in_force

76-2-201 . County zoning authorized. (1) For the purpose of promoting the public health, safety, morals, and general welfare, a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations for all or parts of the jurisdictional area in accordance with the provisions of this part.

(2) For the purpose of promoting the public health, safety, morals, and general welfare, a board of county commissioners that adopted a master plan pursuant to Title 76, chapter 1, before October 1, 1999, may, until October 1, 2006, adopt or revise zoning regulations that are consistent with the master plan.
Mont. Code Ann. § 76-13-411 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-411
76-13-411 Certificate of clearance
Status: in_force

76-13-411 . Certificate of clearance. When the department makes a determination of faithful compliance by the contractor with this part, the rules adopted under 76-13-403 , and the fire hazard reduction agreement, the contractor must be issued a certificate of clearance by the department and be relieved of any further liability or responsibility for fire hazard reduction or management under the fire hazard reduction agreement.
Mont. Code Ann. § 76-15-406 — MT Code / Title 76 / Chapter 15 / Part 4 / Section 76-15-406
76-15-406 Furnishing of supplies and equipment
Status: in_force

76-15-406 . Furnishing of supplies and equipment. A conservation district and the supervisors thereof shall have the power to make available to land occupiers within the district, on such terms as it shall prescribe, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment as will assist such land occupiers to carry on operations upon their lands for the conservation of soil resources and for the prevention and control of soil erosion, and for flood prevention and the conservation, development, utilization, and disposal of water.
Mont. Code Ann. § 76-2-901 — MT Code / Title 76 / Chapter 2 / Part 9 / Section 76-2-901
76-2-901 Agricultural activities -- legislative finding and purpose
Status: in_force

76-2-901 . Agricultural activities -- legislative finding and purpose. (1) The legislature finds that agricultural lands and the ability and right of farmers and ranchers to produce a safe, abundant, and secure food and fiber supply have been the basis of economic growth and development of all sectors of Montana's economy. In order to sustain Montana's valuable farm economy and land bases associated with it, farmers and ranchers must be encouraged and have the right to stay in farming.

(2) It is therefore the intent of the legislature to protect agricultural activities from governmental zoning and nuisance ordinances.
Mont. Code Ann. § 76-1-112 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-112
76-1-112 Joint or consolidated planning boards
Status: in_force

76-1-112 . Joint or consolidated planning boards. (1) Any existing city, county, or city-county planning board may form a joint or consolidated planning board with any other existing city, county, or city-county planning board or with any combination of these boards.

(2) The manner of combination must be by interlocal agreement of the cities, counties, and towns represented on the existing planning boards pursuant to Title 7, chapter 11, part 1.

(3) The interlocal agreement must:

(a) state the name of the combined board;

(b) specify whether a joint or combined board is formed;

(c) specify the representation, means and manner of appointment, membership duties, and manner of sharing costs of the combined board which may, subject to subsection (6), be on any basis agreeable to the governing bodies of the cities, counties, and towns represented on the existing planning boards.

(4) If a consolidated board is formed, the existing city, county, and city-county planning boards must be dissolved and the consolidated board has the rights, duties, powers, and obligations of the existing planning boards.

(5) If a joint board is formed, the existing planning boards may not be dissolved and the joint board has the rights, duties, powers, and obligations that are contained in the interlocal agreement.

(6) Membership of any city-county board formed pursuant to this section must have representation consistent with the requirements of part 2 of this chapter.
Mont. Code Ann. § 76-1-403 — MT Code / Title 76 / Chapter 1 / Part 4 / Section 76-1-403
76-1-403 Tax levy by county for certain county planning districts authorized
Status: in_force

76-1-403 . Tax levy by county for certain county planning districts authorized. When a county planning board has been established, the board of county commissioners may create a planning district that must include the property that lies outside the limits of the jurisdictional area, as established pursuant to 76-1-504 through 76-1-507 or as modified pursuant to 76-1-501 through 76-1-503 in counties where a city-county planning board has been established, as well as that property that lies outside the limits of any incorporated cities and towns. Subject to 15-10-420 , the board of county commissioners may levy a tax on the taxable value of all taxable property located within the planning district for planning board purposes, under procedures set forth in Title 7, chapter 6, part 40.
Mont. Code Ann. § 76-25-501 — MT Code / Title 76 / Chapter 25 / Part 5 / Section 76-25-501
76-25-501 Fees
Status: in_force

76-25-501 . Fees. The governing body may establish reasonable fees to be paid by an applicant for a zoning permit, subdivision application, appeals, or any other review performed by the local government pursuant to this chapter to defray the expense of performing the review.
Mont. Code Ann. § 76-2-411 — MT Code / Title 76 / Chapter 2 / Part 4 / Section 76-2-411
76-2-411 Definition of community residential facility
Status: in_force

76-2-411 . Definition of community residential facility. "Community residential facility" means:

(1) a community group home for developmentally, mentally, or severely disabled persons that does not provide skilled or intermediate nursing care;

(2) a youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or youth group home as defined in 52-2-602 ;

(3) a halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug dependent persons;

(4) a licensed adult foster family care home; or

(5) an assisted living facility licensed under 50-5-227 .
Mont. Code Ann. § 76-1-303 — MT Code / Title 76 / Chapter 1 / Part 3 / Section 76-1-303
76-1-303 Offices
Status: in_force

76-1-303 . Offices. The city or county shall provide suitable offices for the holding of meetings and the preservation of plans, maps, documents, and accounts.
Mont. Code Ann. § 76-15-722 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-722
76-15-722 Operation of board of adjustment
Status: in_force

76-15-722 . Operation of board of adjustment. (1) The board of adjustment shall adopt rules to govern its procedures. The rules must be in accordance with this chapter and with the ordinance establishing the board of adjustment.

(2) The board shall elect a presiding officer from among its members. Meetings of the board must be held at the call of the presiding officer and at other times that the board may determine. Any two members of the board constitute a quorum. The presiding officer or in the presiding officer's absence another member of the board that the presiding officer may designate to serve as acting presiding officer may administer oaths and compel the attendance of witnesses.

(3) All meetings of the board must be open to the public. The board shall keep a full and accurate record of all proceedings, of all documents filed with it, and of all orders entered, which must be filed in the office of the board and are a public record.
Mont. Code Ann. § 76-2-324 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-324
76-2-324 Vote needed for board action
Status: in_force

76-2-324 . Vote needed for board action. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official; to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance; or to effect any variation in such ordinance.
Mont. Code Ann. § 76-5-201 — MT Code / Title 76 / Chapter 5 / Part 2 / Section 76-5-201
76-5-201 Program for delineation of flood plains and floodways
Status: in_force

76-5-201 . Program for delineation of flood plains and floodways. (1) The department shall initiate a comprehensive program for the delineation of designated flood plains and designated floodways for each watercourse and drainway in the state. It shall make a study relating to the acquiring of flood data and may enter into arrangements with the United States geological survey, the United States army corps of engineers, or any other state or federal agency for the acquisition of data.

(2) Before the department establishes by order a designated flood plain or a designated floodway, the department shall consult with the affected political subdivisions. Consultation must include but is not limited to the following:

(a) specifically requesting that the political subdivisions submit pertinent data concerning flood hazards, including flooding experiences, plans to avoid potential hazards, estimates of economic impacts of flooding on the community, both historical and prospective, and other data that is considered appropriate;

(b) notifying local officials, including members of the county commission, city council, and planning board, of the progress of surveys, studies, and investigations and of proposed findings, along with information concerning data and methods employed in reaching conclusions; and

(c) encouraging local dissemination of information concerning surveys, studies, and investigations so that interested persons will have an opportunity to bring relevant data to the attention of the department.

(3) Nothing in this part precludes a political subdivision from designating by ordinance or resolution, without prior state designation, flood plains and floodways as designated by the United States federal emergency management agency and as necessary for compliance with the national flood insurance program if the department determines the designation is in compliance with parts 1 through 4 of this chapter.
Mont. Code Ann. § 76-2-1003 — MT Code / Title 76 / Chapter 2 / Part 10 / Section 76-2-1003
76-2-1003 Right to mine digital assets
Status: in_force

76-2-1003 . Right to mine digital assets. (1) A governing body of a city or town, the governing bodies of more than one city or town, the governing body of a county, or any combination of those governing bodies may not enact an ordinance, resolution, or rule that:

(a) imposes requirements on a digital asset mining business that are not also requirements for data centers in its area of jurisdiction;

(b) prevents a digital asset mining business from operating in an area zoned for industrial use; or

(c) prevents home digital asset mining at a private residence, except as related to existing noise ordinances.

(2) Any digital asset mining business operating on or before May 2, 2023, may continue to operate regardless of any change in zoning or regulations.
Mont. Code Ann. § 76-1-506 — MT Code / Title 76 / Chapter 1 / Part 5 / Section 76-1-506
76-1-506 Filing of map of jurisdictional area of city-county planning board -- revision of boundaries
Status: in_force

76-1-506 . Filing of map of jurisdictional area of city-county planning board -- revision of boundaries. The planning board, after approval of the jurisdictional area by the governing bodies, 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 resolutions of the governing bodies. 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. § 76-9-104 — MT Code / Title 76 / Chapter 9 / Part 1 / Section 76-9-104
76-9-104 Zoning -- effect on shooting ranges
Status: in_force

76-9-104 . Zoning -- effect on shooting ranges. A planning district growth policy, recommendation, resolution, rule, or zoning designation may not:

(1) prevent the operation of an existing shooting range as a nonconforming use;

(2) prohibit the establishment of new shooting ranges, but it may regulate the construction of shooting ranges to specified zones; or

(3) prevent the erection or construction of safety improvements on existing shooting ranges.
Mont. Code Ann. § 76-13-402 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-402
76-13-402 Basis for management of fire hazards
Status: in_force

76-13-402 . Basis for management of fire hazards. The fire hazard reduction or management referred to in this part must be carried on by the department in keeping with modern and progressive forest practices and effective fire protection and may include but is not limited to the taking of protective measures to prevent injury or the destruction of forest resources without actual abatement of the hazard.
Mont. Code Ann. § 76-13-418 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-418
76-13-418 Fire hazard reduction agreement -- slash burning
Status: in_force

76-13-418 . Fire hazard reduction agreement -- slash burning. (1) Slash burning as part of fire hazard reduction agreements must be conducted under rules adopted pursuant to this part and burning notification requirements adopted pursuant to 7-33-2205 .

(2) Immediate or continuous presence is not required for slash burning conducted under this section provided that:

(a) significant precipitation, the presence of persistent snow cover, fuel moisture conditions, or a combination of those factors sufficiently inhibits the chance of fire spreading under current and foreseeable weather conditions;

(b) there is an absence of high wind events or warnings for the slash burning period that would cause the fire or embers to spread beyond the intended location; and

(c) the slash burn location is sufficiently monitored, patrolled, or both until the risk of fire spread subsides. This includes at least one site visit to ensure containment.

(3) Nothing in this section absolves the holder of a fire hazard reduction agreement from operating with reasonable care and caution or the provisions of 50-63-102 and 50-63-103 .
Mont. Code Ann. § 76-15-621 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-621
76-15-621 Estimate of expenses of project area
Status: in_force

76-15-621 . Estimate of expenses of project area. (1) When a project area has been created, the board or boards of supervisors shall estimate the expenses of the project area from the date of its establishment until the end of the ensuing fiscal year and before July 1 in each year thereafter shall estimate project area expenses for the fiscal year ensuing.

(2) Estimates of project area expenses may include revenue needed to pay the interest or principal of any bonded debt, costs of rights-of-way, easements, or other interest in property deemed necessary for the construction, operation, and maintenance of any projects therein.
Mont. Code Ann. § 76-2-223 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-223
76-2-223 Powers of board of adjustment
Status: in_force

76-2-223 . 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 resolution adopted pursuant thereto;

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

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

(2) In exercising the above-mentioned powers, the board of adjustment 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. § 76-15-809 — MT Code / Title 76 / Chapter 15 / Part 8 / Section 76-15-809
76-15-809 Procedure to terminate district
Status: in_force

76-15-809 . Procedure to terminate district. (1) Upon certification of the department that the department has determined that the continued operation of the district or part of the district is not administratively practicable and feasible, pursuant to 76-15-804 through 76-15-810 , the supervisors shall immediately proceed to terminate the affairs of the district or part of the district.

(2) The supervisors shall dispose of all property belonging to the district or part of the district at public auction and shall pay the proceeds of the sale into the state treasury.

(3) The supervisors shall file an application, duly verified, with the secretary of state for the discontinuance of the district or part of the district and shall transmit with the application the certificate of the department, setting forth the determination of the department that the continued operation of the district or part of the district is not administratively practicable and feasible. The application must state that the property of the district or part of the district has been disposed of and the proceeds paid to the treasury as provided in 76-15-804 through 76-15-810 and must set forth a full accounting of the properties and proceeds of the sale.

(4) The secretary of state shall issue to the supervisors a certificate of dissolution and shall record the certificate in an appropriate book of record in the secretary of state's office.
Mont. Code Ann. § 76-13-201 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-201
76-13-201 Costs for protection from fire
Status: in_force

76-13-201 . Costs for protection from fire. (1) An owner of land classified as forest land that is within a wildland fire protection district or that is otherwise under contract for fire protection by a recognized agency is subject to the fees for fire protection provided in this section.

(2) The department shall provide fire protection to the land described in subsection (1) at a cost to the landowner of not more than $58.70 for each landowner in the protection district and of not more than an additional 49 cents per acre per year for each acre in excess of 20 acres owned by each landowner in each protection district, as necessary to yield the amount of money provided for in 76-13-207 . Assessment, payment, and collection of the fire protection costs must be in accordance with 76-13-207 .

(3) Other charges may not be assessed to a participating landowner except in cases of proved negligence on the part of the landowner or the landowner's agent or in the event of a violation of 50-63-103 .
Mont. Code Ann. § 76-2-216 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-216
76-2-216 Wholly surrounded county property -- change of use -- hearing
Status: in_force

76-2-216 . Wholly surrounded county property -- change of use -- hearing. (1) If a county parcel for which zoning regulations have been adopted is wholly surrounded by municipal property and a change of an allowed use in the county zoning district occurs, the county governing body shall notify the municipality and all owners of municipal property within 300 feet of the county property of the change of use.

(2) Upon request of either the municipality or at least 10% of the property owners in the municipality who have received the notice, the county governing body shall hold a hearing on the change of use.

(3) If the county governing body determines, based on testimony provided at the hearing, that the regulations in the county district are no longer as compatible as possible with the municipal zoning ordinances as provided in 76-2-203 (3), the county governing body may initiate a revision to the zoning district or amendments to the regulations as provided in this part.
Mont. Code Ann. § 76-16-412 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-412
76-16-412 Revocation of grazing preferences upon failure to obtain permits, pay fees, or obey rules
Status: in_force

76-16-412 . Revocation of grazing preferences upon failure to obtain permits, pay fees, or obey rules. (1) If a person controls but does not own land and does not secure a nonuse permit and refuses to pay grazing fees, the state district shall notify the owner of the land by certified mail that the grazing preference attached to the land will be revoked unless the owner pays the usual grazing fees to the state district within 60 days from the time of receipt of the notice. The state district may revoke the grazing preference if the owner or mortgagor does not pay the fees or secure a nonuse permit.

(2) If a permittee fails to pay grazing fees or assessments levied by the state district or fails to obtain a nonuse permit or violates any of the rules of the state district, the state district may notify the permittee and owner of the land by certified mail that the grazing preference attached to the land will be revoked unless the grazing fees or assessments are paid or the permittee ceases to violate the rules laid down by the state district within 60 days from the time of receipt of the notice. The state district may revoke the grazing preference if the permittee or owner fails to pay the charges or comply.
Mont. Code Ann. § 76-2-111 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-111
76-2-111 Cooperation by public agencies with commission
Status: in_force

76-2-111 . Cooperation by public agencies with commission. All public officials, departments, and agencies having information, maps, and data deemed by the commission pertinent to county planning are hereby empowered and directed to make such information available for the use of the county planning and zoning commission.
Mont. Code Ann. § 76-3-614 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-614
76-3-614 Correction of recorded plat
Status: in_force

76-3-614 . Correction of recorded plat. When a recorded plat does not definitely show the location or size of lots or blocks or the location or width of any street or alley, the governing body may at its own expense cause a new and correct survey and plat to be made and recorded in the office of the county clerk and recorder. The corrected plat must, to the extent possible, follow the plan of the original survey and plat. The surveyor making the resurvey shall endorse the corrected plat referring to the original plat and noting the defect existing therein and the corrections made.
Mont. Code Ann. § 76-13-410 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-410
76-13-410 Failure to comply
Status: in_force

76-13-410 . Failure to comply. (1) If a person fails, refuses, or neglects to properly reduce or manage the fire hazard in accordance with the requirements of 76-13-407 and 76-13-408 , the person may be enjoined from further cutting, clearing, and construction operations until the department has found the person to be in compliance with 76-13-407 and 76-13-408 . The department may initiate the proceedings and may obtain a temporary restraining order, injunction, or writ of mandate. The proceedings must be conducted in the district court of the county where the land is located.

(2) If a person claims to have a minimum slash hazard but the department's inspection determines otherwise, the hazard reduction requirements of this part apply.

(3) If a person fails to comply with 76-13-407 or 76-13-408 and fails to comply within 30 days after being notified to do so by the department, the department may complete, direct, or authorize the fire hazard reduction or management at the expense of the contractor or of the owner of the timber or other forest products cut or produced from the land upon which the unabated fire hazard remains.

(4) (a) The cost and expense of the fire hazard reduction or management work, plus 20% of the cost and expense of the work as a penalty, constitute a lien upon the forest products cut or produced from the land and upon the real and personal property of the contractor. If payment of the sum demanded is not made to the department within 15 days of its written demand, the performance bond required by 76-13-408 and 76-13-409 , upon notice to the contractor, must be automatically forfeited to the extent needed to cover the cost and expenses of reducing or managing the fire hazard, plus a penalty of 20% of the cost and expenses. If the bond is insufficient to cover the cost, expenses, and penalty, the department may bring legal action on behalf of the state to recover the cost, expenses, and penalty.

(b) Revenue from forfeited performance bonds required by 76-13-408 and 76-13-409 must be deposited into the fire hazard reduction fund established in 76-13-417 .

(5) In addition to other remedies provided in this part, the department may, after notice, require a person to show cause why the department should not withhold the issuance of any further fire hazard reduction agreement or exemption certificate to a person that:

(a) harvests timber without a valid fire hazard reduction agreement; or

(b) has forfeited the performance bond on a fire hazard reduction agreement within the 2 preceding years and fails, refuses, or neglects to properly reduce or manage the fire hazard in accordance with 76-13-407 or 76-13-408 within 30 days after being notified by the department.

(6) If the person fails to show sufficient cause as required by subsection (5), the department may withhold the issuance of any further fire hazard reduction agreement or exemption certificate for a period not to exceed 3 years.
Mont. Code Ann. § 76-15-706 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-706
76-15-706 Contents of land use regulations
Status: in_force

76-15-706 . Contents of land use regulations. (1) The regulations to be adopted by the supervisors under the provisions of 76-15-701 through 76-15-707 may include:

(a) provisions requiring the carrying out of necessary engineering operations, including the construction of water spreaders, terraces, terrace outlets, check dams, dikes, ponds, ditches, fences, and other necessary structures;

(b) provisions requiring observance of particular methods of cultivation or grazing, including contour cultivating, contour furrowing, and lister furrowing; sowing, planting, and strip cropping; seeding and planting of lands with water-conserving and erosion-preventing plants, trees, and grasses; and forestation and reforestation;

(c) specifications of cropping and range programs and tillage and grazing practices to be observed;

(d) provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on; and

(e) provisions for other means, measures, operations, and programs that may assist conservation of soil and water resources and prevent or control erosion in the district, having due regard to the legislative findings set forth in 76-15-101 and 76-15-102 .

(2) The regulations must provide for the establishment of a board of adjustment pursuant to 76-15-721 .

(3) The regulations must be uniform throughout the territory comprised within the district except that the supervisors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of threatened or existing erosion, grazing and cropping programs, tillage and range practices in use, and other relevant factors and may provide regulations varying with the type or class of land affected but uniform as to all lands within each class or type.
Mont. Code Ann. § 76-2-412 — MT Code / Title 76 / Chapter 2 / Part 4 / Section 76-2-412
76-2-412 Relationship of foster homes, kinship foster homes, youth shelter care facilities, youth group homes, community residential facilities, and day-care homes to zoning
Status: in_force

76-2-412 . Relationship of foster homes, kinship foster homes, youth shelter care facilities, youth group homes, community residential facilities, and day-care homes to zoning. (1) 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 or a community residential facility serving eight or fewer persons is considered a residential use of property for purposes of zoning if the home provides care on a 24-hour-a-day basis.

(2) A family day-care home or a group day-care home, as defined in 52-2-703 , is considered a residential use of property for purposes of zoning.

(3) The facilities listed in subsections (1) and (2) are a permitted use in all residential zones, including but not limited to residential zones for single-family dwellings. 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 may not be applied to a community residential facility serving 8 or fewer persons or to a day-care home serving 15 or fewer children.

(4) This section may not be construed to prohibit a city or county from requiring a conditional use permit in order to maintain a home pursuant to the provisions of subsection (1) if the home is licensed by the department of public health and human services. A city or county may not require a conditional use permit in order to maintain a day-care home.
Mont. Code Ann. § 76-1-224 — MT Code / Title 76 / Chapter 1 / Part 2 / Section 76-1-224
76-1-224 Citizen members of city planning board
Status: in_force

76-1-224 . Citizen members of city planning board. (1) The citizen members shall:

(a) be qualified by knowledge and experience in matters pertaining to the development of the city; and

(b) hold no other office in the city government.

(2) Any citizen appointee may be removed from office by a majority vote of the governing body of the city.
Mont. Code Ann. § 76-17-103 — MT Code / Title 76 / Chapter 17 / Part 1 / Section 76-17-103
76-17-103 Montana public land access network account
Status: in_force

76-17-103 . (Temporary) Montana public land access network account. (1) There is a Montana public land access network account to the credit of the department in the state special revenue fund established in 17-2-102 . Money deposited in the account is statutorily appropriated, as provided in 17-7-502 , and may be used only for the purposes of this part.

(2) The following funds must be deposited in the account:

(a) money received pursuant to 76-17-102 or from any other source for the purposes of this part; and

(b) any interest or income earned on the account.

(3) The department shall make disbursements from the account for access project grants that are approved by the board pursuant to 76-17-104 .

(4) An amount that equals up to 10% of the grants awarded pursuant to this part in each fiscal year may be used by the department for administrative purposes. In addition, during the first 5 years of the grant program, the department may use up to 5% of the funds in the account each year to advertise the Montana public land access network. After that, the department may use up to 2% of the funds in the account each year for advertising. All administrative costs paid from the account must be approved by the board.

(5) Any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.

(6) Any unspent or unencumbered money in the account on June 30, 2027, must be transferred to a state special revenue account to the credit of the department and used to secure public access to public land for which there is no other legal public access or to enhance existing access to public land. (Terminates June 30, 2027--sec. 10, Ch. 374, L. 2017.)
Mont. Code Ann. § 76-16-405 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-405
76-16-405 Grazing preferences appurtenant to dependent commensurate property and commensurate property
Status: in_force

76-16-405 . Grazing preferences appurtenant to dependent commensurate property and commensurate property. Grazing preferences run with and are appurtenant to the dependent commensurate and commensurate property upon which they are based except as provided in this chapter. They are not subject to devise, bequest, attachment, execution, lease, sale, exchange, transfer, pledge, mortgage, or other process or transaction, except as provided in this section, 76-16-406 through 76-16-409 , 76-16-412 , and 76-16-413 or in the bylaws of a state district.
Mont. Code Ann. § 76-14-104 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-104
76-14-104 Types of land included as rangeland
Status: in_force

76-14-104 . Types of land included as rangeland. The term "rangeland" includes lands revegetated naturally or artificially to provide a forage cover that is managed like native vegetation. Rangelands include natural grasslands, savannahs, shrublands, most deserts, tundra, alpine communities, coastal marshes, and wet meadows.
Mont. Code Ann. § 76-25-213 — MT Code / Title 76 / Chapter 25 / Part 2 / Section 76-25-213
76-25-213 Land use and future land use map
Status: in_force

76-25-213 . Land use and future land use map. (1) A land use plan must include a future land use map and a written description of the proposed general distribution, location, and extent of residential, commercial, mixed, industrial, agricultural, recreational, and conservation uses of land and other categories of public and private uses, as determined by the local government.

(2) The future land use map must reflect the anticipated and preferred pattern and intensities of development for the jurisdiction over the next 20 years, based on the information, analysis, and public input collected, considered, and relevant to the population projections for and economic development of the jurisdiction and the housing and local services needed to accommodate those projections, while acknowledging and addressing the natural resource, environment, and natural hazards of the jurisdiction.

(3) The future land use map may not confer any authority to regulate what is not otherwise specifically authorized in this chapter.

(4) The future land use map and the written description must include:

(a) a statement of intent describing the jurisdiction's applicable zoning, subdivision, and other land use regulations;

(b) descriptions of existing and future land uses, including:

(i) categories of public and private use;

(ii) general descriptions of use types and densities of those uses;

(iii) general descriptions of population; and

(iv) other aspects of the built environment;

(c) geographic distribution of future land uses in the jurisdiction, anticipated over a 20-year planning period that specifically demonstrate:

(i) adequate land to support the projected population in all land use types in areas where local services can be adequately and cost-effectively provided for that population;

(ii) adequate sites to accommodate the type and supply of housing needed for the projected population; and

(iii) areas of the jurisdiction that are not generally suitable for development and the reason, based on the constraints identified through the land use plan analysis;

(d) a statement acknowledging areas within the jurisdiction known to be subject to covenants, codes, and restrictions that may limit the type, density, or intensity of housing development projected in the future land use map; and

(e) areas of or adjacent to the jurisdiction subject to increased growth pressures, higher development densities, or other urban development influences.

(5) To the greatest extent possible, local governments shall create compatibility in the land use plans and future land use map in those areas identified in subsection (4)(e).

(6) The land use plan may:

(a) provide information required by a federal land management agency for the local governing body to establish or maintain coordination or cooperating agency status; and

(b) incorporate by reference any information or policies identified in other relevant assessments adopted by the local governing body, such as a pre-disaster mitigation plan or wildfire protection plan.

(7) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body.
Mont. Code Ann. § 76-4-132 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-132
76-4-132 Special revenue account -- deposit and use of fees
Status: in_force

76-4-132 . Special revenue account -- deposit and use of fees. (1) All fees collected by the department under 76-4-105 must be deposited in an account in the state special revenue fund.

(2) Funds in the account established in subsection (1) may be used only as provided in 76-4-105 .
Mont. Code Ann. § 76-6-104 — MT Code / Title 76 / Chapter 6 / Part 1 / Section 76-6-104
76-6-104 Definitions
Status: reserved

76-6-104 . Definitions. The following terms whenever used or referred to in this chapter shall have the following meanings unless a different meaning is clearly indicated by the context:

(1) "Comprehensive planning" means planning for development and shall include:

(a) preparation of general physical plans with respect to the pattern and intensity of land use and the provision of public facilities, including transportation facilities, together with long-range fiscal plans for such development as a guide for long-range development;

(b) programming and financing plans for capital improvements;

(c) coordination of all related plans and planned activities at both the intragovernmental and intergovernmental levels; and

(d) preparation of regulatory and administrative measures in support of the foregoing.

(2) "Conservation easement" means an easement or restriction, running with the land and assignable, whereby an owner of land voluntarily relinquishes to the holder of such easement or restriction any or all rights to construct improvements upon the land or to substantially alter the natural character of the land or to permit the construction of improvements upon the land or the substantial alteration of the natural character of the land, except as this right is expressly reserved in the instruments evidencing the easement or restriction.

(3) "Open-space land" means any land which is provided or preserved for:

(a) park or recreational purposes;

(b) conservation of land or other natural resources;

(c) historic or scenic purposes; or

(d) assisting in the shaping of the character, direction, and timing of community development.

(4) "Public body" means the state, counties, cities, towns, and other municipalities.

(5) "Qualified private organization" means a private organization:

(a) competent to own interests in real property;

(b) which qualifies and holds a general tax exemption under the federal Internal Revenue Code, section 501(c); and

(c) whose organizational purposes are designed to further the purposes of this chapter.

(6) "Urban area" means any area which is urban in character, including surrounding areas which form an economic and socially related region, taking into consideration such factors as present and future population trends and patterns of urban growth, location of transportation facilities and systems, and distribution of industrial, commercial, residential, governmental, institutional, and other activities.
Mont. Code Ann. § 76-5-1105 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1105
76-5-1105 Division of work into parts
Status: in_force

76-5-1105 . Division of work into parts. Whenever any city, town, or county has begun a water conservation or flood control system, or both, under this part, the council, board, or other governing body shall have the power to divide the work into parts, sections, or districts; to omit parts of said work; and to contract for any part or section separately and proceed therewith the same as if the entire work or improvements were contracted for, done, or made.
Mont. Code Ann. § 76-13-421 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-421
76-13-421 Onsite consultation
Status: in_force

76-13-421 . Onsite consultation. (1) The department shall make its decision on whether or not to require an onsite consultation based on whether:

(a) the proposed timber sale is in a high-priority location for watershed resources;

(b) a consultation could contribute to improved watershed management; and

(c) the department has sufficient resources to conduct the consultation.

(2) The department shall schedule an onsite consultation at a time mutually agreeable to the operator, the owner (if the owner can be contacted and wishes to participate), and the department. Unless otherwise agreeable to the operator and a participating owner, a consultation must be held no later than:

(a) 10 calendar days after the mailing of the notice by the department, if the site is accessible; or

(b) if the site is temporarily inaccessible due to road conditions, weather conditions, or other factors, 10 calendar days after the operator indicates that the site is accessible.

(3) The onsite consultation must include representatives of the department, the operator, and, if the owner desires representation, the owner. Representatives of the department of environmental quality, the department of fish, wildlife, and parks, and the local conservation district may also participate but shall meet the consultation schedule established under 76-13-420 (3)(c) or subsection (2) of this section.

(4) If the department and the operator are not able to schedule an onsite consultation within the time limits provided in subsection (2)(a) or (2)(b) or at another mutually agreeable time, the requirement for a consultation is terminated. The operator may then proceed with forest practices immediately upon the expiration of the time limits provided in subsection (2)(a) or (2)(b).
Mont. Code Ann. § 76-5-1106 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1106
76-5-1106 Requirements to change project boundaries -- election
Status: in_force

76-5-1106 . Requirements to change project boundaries -- election. The boundaries of a project once established may not be extended without approval by a majority of the electors residing in the area proposed to be annexed. The election must be held in accordance with the provisions of Title 13, chapter 1, part 5.
Mont. Code Ann. § 76-16-319 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-319
76-16-319 No liability for official acts
Status: in_force

76-16-319 . No liability for official acts. An officer, the commission, an employee of an officer or the commission, or an employee of any county or of any state district is not liable for any act performed in good faith in discharging official duties under this chapter. All acts are presumed to have been in good faith and in conformity with this chapter.
Mont. Code Ann. § 76-13-101 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-101
76-13-101 Purpose
Status: in_force

76-13-101 . Purpose. (1) (a) It is the purpose of part 2 and this part to provide for:

(i) the protection and conservation of natural resources, range, and water; and

(ii) the prevention of soil erosion.

(b) It is further the purpose of part 2 and this part to more adequately promote and facilitate the cooperation, financial and otherwise, between the state and public and private agencies that are associated in the work.

(2) To achieve the conservation of natural and watershed resources, the legislature encourages the use of best management practices in timber sale planning, associated road construction and reconstruction, timber harvesting, site preparation, and related activities and establishes a process to ensure that information on best management practices is provided to owners and operators engaged in forest practices on private land.
Mont. Code Ann. § 76-15-1011 — MT Code / Title 76 / Chapter 15 / Part 10 / Section 76-15-1011
76-15-1011 Exemptions from advertising and bidding
Status: in_force

76-15-1011 . Exemptions from advertising and bidding. (1) When immediate delivery of supplies, equipment, or services is required in an emergency, including but not limited to fire, flood, explosion, storm, earthquake, riot, or insurrection, the provisions of 76-15-1005 and 76-15-1006 do not apply if:

(a) the supervisors act, by majority vote in an open meeting, in a manner that best meets the emergency and serves the public interest; and

(b) the emergency is declared and recorded in the minutes of the board of supervisors meeting.

(2) Supplies or services may be purchased without bid from government agencies if purchased at a substantial savings.

(3) (a) Contracts for the purchase of vehicles, machinery, equipment, materials, or supplies or for construction, repair, restoration, or maintenance for which the cost is less than the limit provided in 7-5-2301 may be entered into by direct negotiation.

(b) A contract for architectural, engineering, and land surveying services may be entered into by direct negotiation subject to the limits of 18-8-212 .

(c) For other contracts, if the total contract value is estimated to be:

(i) less than $10,000, a purchase technique may be used to meet conservation district needs;

(ii) more than $10,000 but not to exceed $100,000, a limited solicitation procedure may be used. This procedure requires a minimum of three viable written or oral quotations, if available, with an award based on the lowest responsible bid price that meets all criteria and specifications. A conservation district shall document the basis for an award under a limited solicitation procedure.

(iii) more than $100,000, a conservation district shall advertise for bids, proposals, or qualifications pursuant to 76-15-1006 and award a contract using a request for proposal or an invitation to bid pursuant to 76-15-1012 .

(4) Vehicles, machinery, equipment, materials, or supplies may be rented if the rental results in a substantial savings over purchase.
Mont. Code Ann. § 76-15-804 — MT Code / Title 76 / Chapter 15 / Part 8 / Section 76-15-804
76-15-804 Petition to discontinue all or part of district
Status: in_force

76-15-804 . Petition to discontinue all or part of district. (1) At any time after 5 years after the organization of a district under this chapter, 10% or more of the qualified electors within the boundaries of the district may file a petition with the department requesting the termination of the operations of the district or a part of the district and the discontinuance of the existence of the district or that part of the district.

(2) The department may conduct public meetings and public hearings upon the petition that are necessary to assist it in the consideration of the petition.
Mont. Code Ann. § 76-15-311 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-311
76-15-311 Governing body of district
Status: in_force

76-15-311 . Governing body of district. (1) If there are no incorporated municipalities that are completely within the boundaries of the district, the governing body of the district must consist of five elected supervisors unless the district has been reorganized pursuant to 76-15-301 (2) and 76-15-305 .

(2) If there are incorporated municipalities that are completely within the boundaries of the district, the governing body of the district must consist of seven supervisors as follows:

(a) The board of supervisors, in addition to five elected supervisors, must consist of two appointed supervisors, making a total of seven supervisors in those districts. The legislative bodies of the incorporated municipalities within the district shall appoint the two additional supervisors after consultation with the elected supervisors.

(b) Where there are two or more incorporated municipalities that are completely within the boundaries of a district, the two appointed supervisors shall represent all the municipalities and urban interests in the district. A municipality may not have more than one appointed supervisor residing in the municipality. The legislative bodies of the incorporated municipalities within the district shall agree on the persons appointed to serve as the appointed supervisors.

(3) If there are no incorporated municipalities that are completely within the boundaries of the district but a portion of one or more incorporated municipalities is within the boundaries of a district, the elected supervisors may pass a resolution to transition to a board of seven members consisting of five elected supervisors and two supervisors appointed by the legislative bodies of the partially included municipalities as provided in subsection (2).

(4) A supervisor appointed under subsection (2) or (3) may live outside the municipality the supervisor represents, but the supervisor must reside within the boundaries of the district.

(5) An elected supervisor must reside within the boundaries of the district.

(6) The board of supervisors may appoint associate supervisors it considers necessary to advise the board of supervisors on the operation of the conservation district as provided in part 4 of this chapter.
Mont. Code Ann. § 76-17-104 — MT Code / Title 76 / Chapter 17 / Part 1 / Section 76-17-104
76-17-104 Grants -- eligibility
Status: in_force

76-17-104 . (Temporary) Grants -- eligibility. (1) An individual or organization may apply to the department for a grant to pay for costs associated with an access project that secures public access through private land to public land, as defined in 15-30-2380 , for which there is no other legal public access or to enhance existing access to public land. The costs must include payments to the owner of private land who allows public access. Grants may not be made to pay costs associated with litigation related to public access.

(2) An access project that is eligible to receive a grant:

(a) (i) except as provided in subsection (2)(a)(ii), must provide public access for recreational purposes; and

(ii) if the access project would provide access to state trust land, as defined in 77-1-101 , must provide access for all lawful purposes to the state trust land;

(b) may have a term that ranges from 3 years to in perpetuity. A termed easement that is awarded a grant pursuant to this section creates no expectation of access after the term expires.

(c) may not provide access to a previously inaccessible parcel of land if that parcel is leased state land under Title 77, chapter 1, and the lessee is not the landowner granting access to the parcel.

(3) The department shall make recommendations to the board regarding grant applications received pursuant to this section. A grant must be approved by the board before it is disbursed pursuant to 76-17-103 .

(4) An access easement that is awarded a grant pursuant to this part must be held and enforced by the department.

(5) The department shall report the details of approved access project grants to the legislative auditor. (Terminates June 30, 2027--sec. 10, Ch. 374, L. 2017.)
Mont. Code Ann. § 76-16-113 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-113
76-16-113 Powers of commission
Status: in_force

76-16-113 . Powers of commission. The commission has all the powers enumerated in this chapter and any other powers necessary or incidental to carrying out the full purpose and intent of this chapter, including but not limited to:

(1) conducting hearings on issues brought before the commission and conducting investigations into matters affecting the commission or the operation of state districts, including appeals of decisions made by the board of directors of an individual state district or other actions taken in accordance with this chapter;

(2) administratively promoting and fostering an atmosphere of cooperation and mutual trust between the federal bureau of land management, the United States forest service, the department, and state districts and upholding the terms and conditions of any memorandum of understanding between those entities with regard to provisions noted in the Federal Land Policy and Management Act, the Public Rangelands Improvement Act, the Taylor Grazing Act, and this chapter;

(3) prescribing methodologies to be used for the reallocation of grazing preference within cooperative state districts that, for whatever reason, no longer have access to historical grazing preference records;

(4) preparing and standardizing various forms to be used by the state districts and supervising or regulating the organization and operation of state districts;

(5) issuing citations directed to any person requiring the person's attendance before the commission and subpoenaing witnesses and paying expenses that would be allowed in a court action;

(6) requiring an officer or director of a state district to submit records of the state district to the commission for the purpose of aiding an investigation conducted by the commission;

(7) requiring state districts to annually furnish itemized financial reports; and

(8) cooperating and entering into agreements on behalf of a state district, with its consent, with any governmental subdivision, department, or agency in order to promote the purposes of this chapter.
Mont. Code Ann. § 76-2-211 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-211
76-2-211 Violations and penalties
Status: in_force

76-2-211 . Violations and penalties. A violation of this part or any resolution adopted pursuant thereto is a misdemeanor and shall be punishable by a fine not exceeding $500 or imprisonment in the county jail not exceeding 6 months or both.
Mont. Code Ann. § 76-25-410 — MT Code / Title 76 / Chapter 25 / Part 4 / Section 76-25-410
76-25-410 Local review procedure for final plats
Status: in_force

76-25-410 . (Temporary) Local review procedure for final plats. (1) The following must be submitted with a final plat application:

(a) information demonstrating the final plat conforms to the written decision and all conditions of approval set forth on the preliminary plat;

(b) a plat that meets the survey requirements provided in 76-25-412 (1); and

(c) confirmation the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid.

(2) The final plat may be required 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 final plat. A professional land surveyor may not act as an examining land surveyor in regard to a plat in which the surveyor has a financial or personal interest.

(3) A final plat application is considered received on the date the application is delivered to the governing body or the agent or agency designated by the governing body if accompanied by the review fee.

(4) (a) Within 10 business days of receipt of a final plat, the planning administrator shall determine whether the final plat contains the information required under subsection (1) and shall notify the subdivider in writing.

(b) If the planning administrator determines that the final plat does not contain the information required under subsection (1), the planning administrator shall identify the final plat's defects in the notification.

(c) The planning administrator may review subsequent submissions of the final plat only for information found to be deficient during the original review of the final plat under subsection (4)(a).

(d) A determination that the application for a final plat contains sufficient information for review as provided in subsection (4)(a) does not ensure approval of the final plat and does not limit the ability of the planning administrator to request additional information during the review process.

(5) Once a determination is made under subsection (4) that the final plat contains the information required under subsection (1), the governing body shall review and approve or deny the final plat within 20 business days.

(6) The subdivider or the subdivider's agent and the governing body or its reviewing agent or agency may mutually agree to extend the review periods provided for in this section.

(7) (a) For a period of 5 years after approval of a phased preliminary plat, the subdivider may apply for final plat of any one or more phases following the process set forth in subsections (1) through (6).

(b) After 5 years have elapsed since approval of a phased preliminary plat, the planning administrator shall review each remaining phase to determine if a phase may result in new or significantly increased potential impacts that have not been previously identified and considered in the adoption of the land use plan, zoning or subdivision regulations, or review and approval of the phased preliminary plat. If the planning administrator identifies any new or significantly increased potential impacts not previously identified and considered, the planning administrator shall proceed as set forth in 76-25-408 (9).

(c) If necessary to mitigate impacts identified in subsection (7)(b), the planning administrator may impose conditions on any phase before final plat approval is sought. (Terminates June 30, 2027--sec. 16, Ch. 555, L. 2025.)
Mont. Code Ann. § 76-10-105 — MT Code / Title 76 / Chapter 10 / Part 1 / Section 76-10-105
76-10-105 Requirements of buyer
Status: in_force

76-10-105 . Requirements of buyer. (1) A buyer of wildcrafted plant material shall keep records of purchases or acquisitions of wildcrafted plant material for a period of 3 years from the date of purchase or acquisition.

(2) Copies of the records must be made available to a law enforcement officer upon request.

(3) The records must include:

(a) the date of purchase or acquisition;

(b) the common name or scientific name of the wildcrafted plant material;

(c) the number of the permit, if a number exists, or a copy of the permit or the written permission authorizing the wildcrafting, unless the material came from property owned by the seller;

(d) the name, address, telephone number, and signature of the person from whom the wildcrafted plant material was obtained;

(e) the license plate number of the vehicle that was used to deliver the wildcrafted plant material to the buyer;

(f) the quantity and plant part of wildcrafted plant material purchased or acquired; and

(g) the name, address, and telephone number of the landowner from whose land the wildcrafted plant material was harvested.
Mont. Code Ann. § 76-15-319 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-319
76-15-319 Legal assistance
Status: in_force

76-15-319 . Legal assistance. (1) The supervisors may call upon the county attorney of the county in which the greatest portion of the district is located or the attorney general of the state for the legal services they may require, or they may employ their own counsel and legal staff.

(2) If the county attorney is unable to provide legal assistance because of a conflict of interest, then the matter may be referred to the attorney general or the department.
Mont. Code Ann. § 76-15-1001 — MT Code / Title 76 / Chapter 15 / Part 10 / Section 76-15-1001
76-15-1001 Power to enter and execute contracts
Status: in_force

76-15-1001 . Power to enter and execute contracts. A conservation district is authorized to make contracts necessary to implement the applicable powers granted by this chapter and to provide for the manner of executing contracts.
Mont. Code Ann. § 76-16-306 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-306
76-16-306 Management of grazing lands
Status: in_force

76-16-306 . Management of grazing lands. A state district may:

(1) manage and control the use of its range and agricultural lands acquired under 76-16-305 (2). This power includes the right to determine the size of preferences and permit according to a fixed method which shall be stated in the bylaws and which shall take into consideration the rating of dependent commensurate property and the carrying capacity of the range and may be subject to reservations, regulations, and limitations under the terms of agreements between the state district and any agency of the United States. The state district may also allot range to members or nonmembers and decrease or increase the size of permits if the range carrying capacity changes.

(2) undertake reseeding and other approved conservation and improvement practices of depleted range areas or abandoned farm lands and enter into cooperative agreements with the federal government or any other person for the reseeding or conservation and improvement practices;

(3) employ and discharge employees, riders, and other persons necessary to properly manage the state district.
Mont. Code Ann. § 76-5-1102 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1102
76-5-1102 Types of projects
Status: in_force

76-5-1102 . Types of projects. Such cities, towns, or counties in accordance with the provisions of this part, individually, jointly, or severally or in cooperation with the federal or state government or any department or agency thereof and with each other, may deepen, widen, straighten, alter, change, divert, or otherwise improve the watercourses within or without their limits by constructing levees, dikes, embankments, structures, impounding reservoirs, or conduits and improve, widen, and establish streets, alleys, and boulevards across and adjacent to the abandoned or new channel or conduit and provide for the payment of the cost and maintenance of such project or projects under the terms of this part.
Mont. Code Ann. § 76-13-422 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-422
76-13-422 Purpose of onsite consultation -- department responsibility
Status: in_force

76-13-422 . Purpose of onsite consultation -- department responsibility. (1) The onsite consultation provided for in 76-13-421 is intended only for the purpose of providing information to owners and operators and does not confer upon the department or any other agency of state or local government authority to compel an owner or operator to undertake or refrain from undertaking specific management practices that are not otherwise regulated by law or rule.

(2) The department does not incur any obligation or liability by virtue of a decision to conduct or not conduct an onsite consultation.

(3) To the extent practicable, the department shall evaluate the application of forest practices as part of an onsite inspection, relating to the control of timber slash and debris, conducted under the provisions of Title 76, chapter 13, part 4.
Mont. Code Ann. § 76-1-107 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-107
76-1-107 Role of planning board in relation to subdivisions and plats
Status: in_force

76-1-107 . Role of planning board in relation to subdivisions and plats. (1) Except as provided in subsection (2), the governing body of any city, town, or county that has formed a planning board and adopted a growth policy pursuant to this chapter and subdivision regulations pursuant to chapter 3 shall seek the advice of the appropriate planning board in all matters pertaining to the approval or disapproval of plats or subdivisions.

(2) The planning board may delegate to its staff its responsibility under subsection (1) to advise the governing body on any or all proposed minor subdivisions.
Mont. Code Ann. § 76-1-408 — MT Code / Title 76 / Chapter 1 / Part 4 / Section 76-1-408
76-1-408 Acceptance and administration of gifts and donations
Status: in_force

76-1-408 . Acceptance and administration of gifts and donations. (1) A city, county, or city-county planning board organized pursuant to the provisions of this chapter is hereby empowered and given the right to:

(a) accept, receive, take, hold, own, and possess any gift, donation, grant, devise, or bequest or any property (real, personal, or mixed) or any improved or unimproved park or playground; and

(b) utilize, hold, or dispose of the same for planning purposes not inconsistent with the provisions of this chapter.

(2) Any money so accepted shall be deposited with the city or county in a special nonreverting planning board fund to be available for expenditures by the planning board for the purpose designated by the donor. The disbursing officer of a city or county shall draw warrants against such special nonreverting fund only upon vouchers signed by the president and secretary of the planning board.
Mont. Code Ann. § 76-3-510 — MT Code / Title 76 / Chapter 3 / Part 5 / Section 76-3-510
76-3-510 Payment for extension of capital facilities
Status: in_force

76-3-510 . Payment for extension of capital facilities. (1) A local government may require a subdivider to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including but not limited to public roads, sewer lines, water supply lines, and storm drains to a subdivision. The costs must reasonably reflect the expected impacts directly attributable to the subdivision. A local government may not require a subdivider to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education.

(2) All fees, costs, or other money paid by a subdivider under this section must be expended on the capital facilities for which the payments were required.
Mont. Code Ann. § 76-2-104 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-104
76-2-104 Development pattern
Status: in_force

76-2-104 . Development pattern. (1) For the purpose of furthering the health, safety, and general welfare of the people of the county, the county planning and zoning commission hereby is empowered and it shall be its duty to make and adopt a development pattern for the physical and economic development of the planning and zoning district.

(2) Such development pattern, with the accompanying maps, plats, charts, and descriptive matter, shall show the planning and zoning commission's recommendations for the development of the districts, within some of which it shall be lawful and within others of which it shall be unlawful to erect, construct, alter, or maintain certain buildings or to carry on certain trades, industries, or callings or within which the height and bulk of future buildings and the area of the yards, courts, and other open spaces and the future uses of the land or buildings shall be limited and future building setback lines shall be established.
Mont. Code Ann. § 76-7-211 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-211
76-7-211 Easement enforcement
Status: in_force

76-7-211 . Easement enforcement. (1) Environmental control easements may be enforced by injunction, specific performance, other proceedings in equity or at law, or any other means specified in the instrument creating the easement. In addition to any right specified in the easement instrument, representatives of the holder of the environmental control easement are entitled to enter the land in a reasonable manner and at reasonable times to ensure compliance with the terms and conditions of the easement and to implement, operate, maintain, and monitor all remedial work and technologies.

(2) An environmental control easement is not unenforceable because of a lack of privity of estate or contract or a lack of benefit to particular land, because the easement is not an appurtenant easement, or because the easement is an easement in gross.

(3) An environmental control easement is enforceable against the owner of the fee and any persons or entities holding or claiming an interest in the property regardless of whether the interest is equal to or less than the whole fee estate.

(4) A delay or failure to enforce in any specific instance any violation of an environmental control easement does not preclude or waive the right to enforce against that violation or any other breach.

(5) The easement holder may waive, in a writing executed by the easement holder, any single violation of the terms of the environmental control easement without waiving any other prior or subsequent violation whether of the same or different nature. The easement holder may remedy a violation without waiving the violation remedied and is entitled to recover from the environmental control site owner all costs, including but not limited to direct and indirect costs of remedying the violation and costs of any other remedies provided by law or in the easement instrument.

(6) A claim or cause of action arising out of or relating to a violation of a term or provision of an environmental control easement must be filed in a court of appropriate jurisdiction within 10 years from the date upon which the party alleging violation of the easement had actual knowledge of the violation.
Mont. Code Ann. § 76-13-208 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-208
76-13-208 Nature of assessments for wildland fire protection
Status: in_force

76-13-208 . Nature of assessments for wildland fire protection. All payments required of landowners by part 1 and this part are assessments for benefits actually received by those owners in the protection of their lands and are not a tax upon the property of the owners.
Mont. Code Ann. § 76-21-303 — MT Code / Title 76 / Chapter 21 / Part 3 / Section 76-21-303
76-21-303 Terminated
Status: in_force

76-21-303 . Terminated. Sec. 14, Ch. 652, L. 1983.
Mont. Code Ann. § 76-4-130 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-130
76-4-130 Deviation from certificate of subdivision approval -- expedited review
Status: in_force

76-4-130 . (Temporary) Deviation from certificate of subdivision approval -- expedited review. (1) Except as provided in subsection (2), a person may not construct or use a facility that deviates from the certificate of subdivision approval until the reviewing authority has approved the deviation.

(2) (a) A person may deviate from the certificate of subdivision approval without approval by the reviewing authority if the deviation consists solely of connecting to municipal, county water and/or sewer district, or regional authority facilities in place of previously approved facilities. The department may require notification when a person connects to municipal, county water and/or sewer district, or regional authority facilities.

(b) A person qualifies for a 15-day expedited review under this part to deviate from the certificate of subdivision approval if the person intends to add an accessory dwelling unit as provided for in 76-2-215 to a parcel with existing public water and wastewater service that has capacity for the accessory dwelling unit. (Terminates September 30, 2029--sec. 4, Ch. 619, L. 2025.)
Mont. Code Ann. § 76-13-905 — MT Code / Title 76 / Chapter 13 / Part 9 / Section 76-13-905
76-13-905 Liability
Status: in_force

76-13-905 . (Effective on occurrence of contingency) Liability. A certified prescribed fire manager or a landowner or landowner's agent using a certified prescribed fire manager who conducts a prescribed fire in compliance with this part and the rules adopted by the department is not liable for injury to or destruction of property arising from a wildfire, except to the extent evidence demonstrates that:

(1) an action or omission of the certified prescribed fire manager, landowner, or landowner's agent constituted negligence or a higher degree of fault; and

(2) the action or omission caused or contributed to the cause of the wildfire or caused or contributed to the wildfire spreading.
Mont. Code Ann. § 76-3-622 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-622
76-3-622 Water and sanitation information to accompany preliminary plat
Status: in_force

76-3-622 . Water and sanitation information to accompany preliminary plat. (1) Except as provided in subsection (2), the subdivider shall submit to the governing body or to the agent or agency designated by the governing body the information listed in this section for proposed subdivisions that will include new water supply or wastewater facilities. The information must include:

(a) a vicinity map or plan that shows:

(i) the location, within 100 feet outside of the exterior property line of the subdivision and on the proposed lots, of:

(A) flood plains;

(B) surface water features;

(C) springs;

(D) irrigation ditches;

(E) existing, previously approved, and, for parcels less than 20 acres, proposed water wells and wastewater treatment systems, except that the subdivider may locate a water well anywhere on a lot, parcel, or tract of record if the subdivider maintains the minimum setback distances adopted in rule by the department of environmental quality;

(F) for parcels less than 20 acres, mixing zones identified as provided in subsection (1)(h); and

(G) the representative drainfield site used for the soil profile description as required under subsection (1)(d); and

(ii) the location, within 500 feet outside of the exterior property line of the subdivision, of public water and sewer facilities;

(b) a description of the proposed subdivision's water supply systems, storm water systems, solid waste disposal systems, and wastewater treatment systems, including:

(i) whether the water supply and wastewater treatment systems are individual, shared, multiple user, or public as those systems are defined in rules published by the department of environmental quality; and

(ii) if the water supply and wastewater treatment systems are shared, multiple user, or public, a statement of whether the systems will be public utilities as defined in 69-3-101 and subject to the jurisdiction of the public service commission or exempt from public service commission jurisdiction and, if exempt, an explanation for the exemption;

(c) a drawing of the conceptual lot layout at a scale no smaller than 1 inch equal to 200 feet that shows all information required for a lot layout document in rules adopted by the department of environmental quality pursuant to 76-4-104 ;

(d) evidence of suitability for new onsite wastewater treatment systems that, at a minimum, includes:

(i) a soil profile description from a representative drainfield site identified on the vicinity map, as provided in subsection (1)(a)(i)(G), that complies with standards published by the department of environmental quality;

(ii) demonstration that the soil profile contains a minimum of 4 feet of vertical separation distance between the bottom of the permeable surface of the proposed wastewater treatment system and a limiting layer; and

(iii) in cases in which the soil profile or other information indicates that ground water is within 7 feet of the natural ground surface, evidence that the ground water will not exceed the minimum vertical separation distance provided in subsection (1)(d)(ii);

(e) for new water supply systems, unless cisterns are proposed, evidence of adequate water availability:

(i) obtained from well logs or testing of onsite or nearby wells;

(ii) obtained from information contained in published hydrogeological reports; or

(iii) as otherwise specified by rules adopted by the department of environmental quality pursuant to 76-4-104 ;

(f) except for lots served by a hauled water cistern, an adequate municipal facility, or an adequate county water and/or sewer district facility, as defined in 76-4-102 , or that are determined to not need water, evidence that each lot has:

(i) a water right under Title 85, chapter 2;

(ii) a completed technical analysis for a permit or change application under Title 85, chapter 2; or

(iii) a notice of intent to appropriate groundwater authorized by the department of natural resources and conservation pursuant to 85-2-306 .

(g) evidence of sufficient water quality in accordance with rules adopted by the department of environmental quality pursuant to 76-4-104 ;

(h) a preliminary analysis of potential impacts to ground water quality from new wastewater treatment systems, using as guidance rules adopted pursuant to 75-5-301 and 75-5-303 related to standard mixing zones for ground water, source specific mixing zones, and nonsignificant changes in water quality. The preliminary analysis may be based on currently available information and must consider the effects of overlapping mixing zones from proposed and existing wastewater treatment systems within and directly adjacent to the subdivision. Instead of performing the preliminary analysis required under this subsection (1)(h), the subdivider may perform a complete nondegradation analysis in the same manner as is required for an application that is reviewed under Title 76, chapter 4.

(2) A subdivider whose land division is excluded from review under 76-4-125 (1) is not required to submit the information required in this section.

(3) A governing body may not, through adoption of regulations, require water and sanitation information in addition to the information required under this section unless the governing body complies with the procedures provided in 76-3-511 .
Mont. Code Ann. § 76-5-302 — MT Code / Title 76 / Chapter 5 / Part 3 / Section 76-5-302
76-5-302 Substitution of local control for state permit system
Status: in_force

76-5-302 . Substitution of local control for state permit system. (1) If a political subdivision enacts, in harmony with the purposes of parts 1 through 4 of this chapter, permit issuance ordinances, regulations, or resolutions and land use ordinances, regulations, or resolutions that meet or exceed the minimum standards of the department and if the administrative and enforcement procedures established for those ordinances, regulations, or resolutions are found acceptable by the department, a permit from the department is not required.

(2) However, if the department determines that there is a failure by a political subdivision to comply with the intent, purposes, and provisions of parts 1 through 4 and the minimum standards adopted under parts 1 through 4, the powers of the political subdivision may be suspended after hearing and the minimum standards adopted by the department must be enforced by the department until the department determines that the political subdivision will comply.
Mont. Code Ann. § 76-2-328 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-328
76-2-328 Awarding of costs upon appeal from board decision
Status: in_force

76-2-328 . Awarding of costs upon appeal from board decision. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.
Mont. Code Ann. § 76-2-402 — MT Code / Title 76 / Chapter 2 / Part 4 / Section 76-2-402
76-2-402 Local zoning regulations -- application to agencies
Status: in_force

76-2-402 . Local zoning regulations -- application to agencies. (1) Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing must be held and the agency shall attend the public hearing.

(2) The local governing body shall hold a hearing within 30 days of the date the agency gives notice to the local governing body of its intent to develop land contrary to local zoning regulations.
Mont. Code Ann. § 76-1-114 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-114
76-1-114 Consolidated land use boards -- zoning commission, planning board, and board of adjustment
Status: in_force

76-1-114 . Consolidated land use boards -- zoning commission, planning board, and board of adjustment. (1) The governing body of a city, county, or consolidated city-county may consolidate any combination of a planning board or planning boards as authorized in Title 76, chapter 1, a zoning commission as provided in 76-2-220 and 76-2-307 , and a board of adjustment as provided in 76-2-221 and 76-2-321 into a consolidated land use board.

(2) The requirements regarding the duties and roles of a planning board as provided in Title 76, chapter 1, a zoning commission as provided in Title 76, chapter 2, parts 2 and 3, and a board of adjustment as provided in Title 76, chapter 2, parts 2 and 3, apply to a consolidated land use board.

(3) A consolidated land use board allowed under this section shall adopt bylaws that clearly define the roles and duties of a member when acting as a planning board member, a zoning commission member, or a board of adjustment member.

(4) (a) Except as provided in subsection (4)(b), a consolidated land use board allowed under this section must consist of at least five appointed citizen members that reside within the jurisdictional area of the consolidated land use board and who may be removed by the appointing authority. A vacancy on a consolidated land use board must be filled by the appointing authority.

(b) If a consolidated land use board includes the consolidation of a joint or consolidated board as allowed in 76-1-112 or a city-county planning board as allowed in 76-1-201 , the consolidated land use board must consist of at least nine appointed citizen members as required in 76-1-201 .

(5) The requirements provided in Title 76, chapter 1, and in Title 76, chapter 2, parts 2 and 3, regarding the number, qualification, and removal of members on a planning board, zoning commission, or board of adjustment do not apply to a consolidated land use board allowed under this section.
Mont. Code Ann. § 76-16-313 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-313
76-16-313 Release of livestock
Status: in_force

76-16-313 . Release of livestock. Upon demand, the state district or its authorized agent controlling the land or party in charge of such livestock shall release and deliver possession of such livestock to the owner or person entitled thereto upon payment of damages and charges, but said payment of damages and charges shall not act as a bar to the prosecution of said person, owner, or persons in control of such livestock, as hereinbefore provided.
Mont. Code Ann. § 76-13-303 — MT Code / Title 76 / Chapter 13 / Part 3 / Section 76-13-303
76-13-303 Creation of zone of infestation
Status: in_force

76-13-303 . Creation of zone of infestation. (1) The department shall annually produce a list of areas where:

(a) there exists an infestation of forest insect pests or forest tree diseases injurious to the timber or forest growth on forest lands within the state and where the infestation is of such a character as to be a menace to the timber or forest growth of this state; and

(b) an infestation of forest insect pests or forest tree diseases in a watershed makes the watershed at risk for wildfire, places the functionality of the watershed at risk, or creates other conditions that threaten the watershed.

(2) The department shall present the list annually to the board of land commissioners to determine if a zone of infestation exists and, if so, shall fix the boundaries to definitely describe and identify each zone.
Mont. Code Ann. § 76-25-207 — MT Code / Title 76 / Chapter 25 / Part 2 / Section 76-25-207
76-25-207 Local services and facilities
Status: in_force

76-25-207 . Local services and facilities. (1) The land use plan must:

(a) determine the existing and anticipated levels of public safety and emergency services necessary to serve the projected population of the jurisdiction, including law enforcement, fire protection, emergency management system agencies, and local health care organizations;

(b) contain an inventory and map of existing fire protection, law enforcement, and emergency service jurisdictional areas and anticipated response times, a description of mutual aid or cooperative service agreements, and the location of hospitals or clinics in the jurisdiction;

(c) identify capital and service improvements for fire, law enforcement, emergency services, and health services for the jurisdictional area necessary to meet the projected population;

(d) determine the existing capacity, existing deficiencies, planned expansion, and anticipated levels of utility services necessary to serve the projected population in the jurisdiction, including water, wastewater, and storm water systems, solid waste disposal, and other utility services, as identified by the local government;

(e) contain an inventory and map of all utility service areas, system networks, and facilities;

(f) identify local utility capital and service improvements for the jurisdictional area necessary to meet the projected population;

(g) determine the existing capacity, existing deficiencies, planned expansion, and anticipated improvements to the transportation network serving the jurisdictional area necessary to serve the projected population in the jurisdiction;

(h) contain an inventory and classification map of all existing and planned roads within the jurisdictional area, including major highways, secondary highways, and local routes, all non-motorized routes, including bike lanes and pedestrian thoroughfares, and all public transit systems and facilities; and

(i) identify planned capital and service transportation improvements necessary to serve the projected population.

(2) The local government shall:

(a) coordinate with school districts within the jurisdiction to determine the existing capacity of, planned expansion of, and anticipated improvements necessary for the local K-12 school system to serve the projected population in the jurisdiction; and

(b) request that the local school district provide any inventory and maps of existing K-12 educational facilities within the jurisdictional area and identify any capital and service improvements necessary to meet the projected population.

(3) The local government may include an analysis of existing capacity and service levels, planned expansions of, and anticipated improvements necessary to provide other services to the projected population in the jurisdiction.

(4) The local government may incorporate by reference any information or policies identified in other relevant local services or facilities assessments adopted by the local governing body, such as a capital improvements plan or an impact fee study.

(5) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body.
Mont. Code Ann. § 76-14-112 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-112
76-14-112 Rangeland improvement loan special revenue account
Status: in_force

76-14-112 . Rangeland improvement loan special revenue account. (1) There is created a rangeland improvement loan special revenue account within the state special revenue fund established in 17-2-102 .

(2) There must be allocated to the rangeland improvement loan earmarked account any principal and accrued interest received in repayment of a loan made under the rangeland improvement loan program and any fees or charges collected by the department pursuant to 76-14-116 for the servicing of loans, including arrangements for obtaining security interests.

(3) Deposits to the rangeland improvement loan special revenue account must be placed in short-term investments, and the earnings must be deposited in the rangeland improvement loan special revenue account.
Mont. Code Ann. § 76-4-105 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-105
76-4-105 Subdivision fees -- subdivision program funding
Status: in_force

76-4-105 . Subdivision fees -- subdivision program funding. (1) The department shall adopt rules setting forth fees that do not exceed actual costs for reviewing plats and subdivisions, conducting inspections pursuant to 76-4-107 , and conducting enforcement activities pursuant to 76-4-108 . The rules must provide for a schedule of fees to be paid by the applicant to the department. The fees must be used for review of plats and subdivisions, conducting inspections pursuant to 76-4-107 , and conducting enforcement activities pursuant to 76-4-108 . The fees must be based on the complexity of the subdivision, including but not limited to:

(a) the number of lots in the subdivision;

(b) the type of water system to serve the development;

(c) the type of sewage disposal to serve the development; and

(d) the degree of environmental research necessary to supplement the review procedure.

(2) (a) Except as provided for in subsection (2)(b), for extensions requested by the department of the deadlines in 76-4-114 , the department shall refund the applicant:

(i) for the first extension, 25% of the fees;

(ii) for the second extension, 50% of the fees; and

(iii) for the third extension, the remaining fees paid.

(b) Reimbursement is not required for extensions:

(i) requested by the applicant under 76-4-114 (4); or

(ii) necessary under 76-4-114 (5) to obtain the required information in 76-4-115 (2).

(c) A reimbursement provided for in this subsection (2) applies only to the portions of the application review being completed by the department.

(3) The department shall adopt rules to determine the distribution of fees to the local reviewing authority for reviews conducted pursuant to 76-4-104 , inspections conducted pursuant to 76-4-107 , and enforcement activities conducted pursuant to 76-4-108 .

(4) The local reviewing authority may establish a fee to review applications, conduct site visits, and review applicable exemptions under this chapter. The fee must be paid directly to the local reviewing authority and may not exceed the local reviewing authority's actual cost that is not otherwise reimbursed by the department from fees adopted pursuant to this section.
Mont. Code Ann. § 76-13-212 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-212
76-13-212 Duty of landowner to protect against fire
Status: in_force

76-13-212 . Duty of landowner to protect against fire. (1) An owner of land shall protect against the starting or existence of fire and shall suppress the spread of fire on that land. This protection and suppression must be in conformity with reasonable rules and standards for adequate fire protection adopted by the department.

(2) (a) The provisions of 76-13-201 apply to an owner of land that is classified as forest land under 76-13-107 and that is within a wildland fire protection district.

(b) If an owner of land does not provide for protection against the starting or existence of fire and for fire suppression and the land does not meet the criteria in subsection (2)(a), the owner may request that the department provide protection as provided in 76-13-105 .
Mont. Code Ann. § 76-4-122 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-122
76-4-122 Certain filings prohibited
Status: in_force

76-4-122 . Certain filings prohibited. (1) The county clerk and recorder may not file or record any plat, certificate of survey, or townhome, townhouse, or condominium declaration subject to review under this part showing a subdivision unless it complies with the provisions of this part.

(2) A county clerk and recorder may not accept a subdivision plat, certificate of survey, or townhome, townhouse, or condominium declaration subject to review under this part for filing until one of the following conditions has been met:

(a) the person wishing to file the plat, certificate of survey, or townhome, townhouse, or condominium declaration has obtained approval of the local health officer having jurisdiction and has filed the approval with the reviewing authority and 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;

(b) the person wishing to file the plat, certificate of survey, or townhome, townhouse, or condominium declaration has obtained a certificate from the certifying authority 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

(c) the person wishing to file the plat, certificate of survey, or townhome, townhouse, or condominium declaration has placed on the plat, certificate of survey, or townhome, townhouse, or condominium declaration an acknowledged certification that the subdivision is exempt from review under this part. The certification must quote in its entirety the wording of the applicable exemption.
Mont. Code Ann. § 76-10-101 — MT Code / Title 76 / Chapter 10 / Part 1 / Section 76-10-101
76-10-101 Purpose
Status: in_force

76-10-101 . Purpose. (1) The purpose of this part is to:

(a) encourage the growth of a statewide sustainable wildcrafting industry that encourages stewardship of the wild plant natural resources of the state by requiring a person who is wildcrafting for commercial purposes to obtain a permit or permission in a written form before the person can wildcraft and by providing enforcement procedures;

(b) require buyers to be accountable for wildcrafted plant material that they purchase by requiring recordkeeping; and

(c) establishing enforcement procedures.

(2) The state recognizes its limited jurisdiction within the Indian reservations in Montana and acknowledges and respects the government-to-government relationship between Montana and the tribes within its borders. It is the legislature's intent that this part be implemented within current jurisdictional limitations. The tribes are invited to enter into state-tribal cooperative agreements with Montana to provide for broader implementation.
Mont. Code Ann. § 76-15-801 — MT Code / Title 76 / Chapter 15 / Part 8 / Section 76-15-801
76-15-801 Change of district name
Status: in_force

76-15-801 . Change of district name. Petitions for changing the name of a district organized under this chapter may be filed with the department. The petition shall be signed by a majority of the district supervisors and shall state the present name of the district and the proposed new name. If the department determines that the proposed new name is not identical with or so similar to that of any other district in the state as to lead to confusion or uncertainty, it shall present a statement of that determination to the secretary of state, who shall issue to the district a certificate, under the seal of the state, evidencing the change of name of the district. Upon the issuance of the certificate, the supervisors of the district shall cause due notice to be given of the change of the name of the district.
Mont. Code Ann. § 76-4-111 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-111
76-4-111 Exemption for certain condominiums, townhomes, and townhouses
Status: in_force

76-4-111 . Exemption for certain condominiums, townhomes, and townhouses. (1) Condominiums, townhomes, or townhouses, as those terms are defined in 70-23-102 , constructed on land subdivided in compliance with parts 5 and 6 of the Montana Subdivision and Platting Act and this part are exempt from the provisions of this part.

(2) Whenever a parcel of land has previously been reviewed under either department requirements or local health requirements and has received approval for a given number of living units, duplexes, or commercial units, the construction or conversion of the same or a fewer number of condominium units, townhomes, or townhouses on that parcel is not subject to the provisions of this part, provided that, if a new extension of a public water supply system or extension of a public sewage system is required to serve the development, the department reviews and approves plans for the extension.
Mont. Code Ann. § 76-13-906 — MT Code / Title 76 / Chapter 13 / Part 9 / Section 76-13-906
76-13-906 Applicability -- enforcement
Status: in_force

76-13-906 . Applicability -- enforcement. (1) This part may not be construed as requiring certification as a prescribed fire manager to conduct burning operations on one's own property or on the property of another person with the person's permission if the person complies with applicable laws and rules related to prescribed fire and burning.

(2) The department may revoke a person's prescribed fire manager certification if the person violates the standards established in this part or rules adopted by the department.
Mont. Code Ann. § 76-7-204 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-204
76-7-204 Environmental control easement conveyances
Status: in_force

76-7-204 . Environmental control easement conveyances. (1) The designated grantee of an environmental control easement granted under this chapter is one or more of the following entities:

(a) a federal public entity;

(b) the state of Montana, acting by and through the department or any other state agency;

(c) any other public body having jurisdiction over the environmental control site; or

(d) a qualified private organization.

(2) A grantee's acceptance of the easement interest and related obligations must be evidenced by the grantee's execution of the instrument creating the environmental control easement.

(3) Prior to or contemporaneously with the conveyance of an environmental control easement to a designated grantee, the environmental control site owner shall:

(a) obtain documents demonstrating that every person or entity holding an interest in the environmental control site or any part of the site, including without limitation each mortgagee, lienholder, lessee, and encumbrancer, irrevocably subordinates the entity's interest to the environmental control easement;

(b) record the documents required under subsection (3)(a) in the appropriate county; and

(c) submit those documents required under subsection (3)(a) to the designated grantee.

(4) An environmental control easement may not be separated from the land and survives foreclosure of a mortgage, lien, or other encumbrance, as well as tax lien sales and the issuance of a tax deed.
Mont. Code Ann. § 76-1-203 — MT Code / Title 76 / Chapter 1 / Part 2 / Section 76-1-203
76-1-203 Term of members of county and city-county planning boards
Status: in_force

76-1-203 . Term of members of county and city-county planning boards. The terms of the members who are officers of any governmental unit represented on the board shall be coextensive with their respective terms of office to which they have been elected or appointed; the terms of the other members shall be 2 years, except that the terms of the first members appointed shall be fixed by agreement and rule of the governing bodies represented on the board for 1 or 2 years in order that a minimum number of terms shall expire in any year.
Mont. Code Ann. § 76-15-545 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-545
76-15-545 Criteria for evaluation of loan applicants -- preferences
Status: in_force

76-15-545 . Criteria for evaluation of loan applicants -- preferences. (1) The district supervisors shall apply the following criteria in ranking applications for a conservation practice loan that is eligible for funding under 76-15-544 :

(a) the extent and desirability of the conservation need and resource benefit as determined in the district's annual and long-range plans;

(b) the feasibility and practicality of the project;

(c) the number of related resources that will benefit, including but not limited to water quality, wildlife habitat, and recreation;

(d) the extent and desirability of associated public benefits in addition to any private benefits the project or activity may provide; and

(e) any other factor that, in the district supervisors' judgment, is important to the evaluation of the conservation practice in light of the purposes, policies, and objectives of this chapter.

(2) Among applications for a loan in which the proposed conservation practices are substantially equal in ranking under subsection (1), a district shall give preference to:

(a) applicants who have not previously received a conservation practice loan; and

(b) applications for a group or cooperative conservation practice.
Mont. Code Ann. § 76-2-221 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-221
76-2-221 Board of adjustment
Status: in_force

76-2-221 . Board of adjustment. (1) The board of county commissioners shall provide for the appointment of a board of adjustment and in the regulations and restrictions adopted pursuant to the authority of this part shall 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 zoning resolution in harmony with its general purposes and intent and in accordance with the general or specific rules of this part.

(2) The board of adjustment shall adopt rules in accordance with the provisions of any resolution adopted pursuant to this part. Meetings of the board of adjustment must be held at the call of the presiding officer and at 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. § 76-1-507 — MT Code / Title 76 / Chapter 1 / Part 5 / Section 76-1-507
76-1-507 Resolution of conflicts over jurisdictional areas of several city-county planning boards
Status: in_force

76-1-507 . Resolution of conflicts over jurisdictional areas of several city-county planning boards. In case an unincorporated area is within the potential jurisdiction of more than one planning board, then the boundary between the conflicting areas shall be determined by agreement between the planning boards involved with the approval of their respective governing bodies. A map showing the boundary lines so agreed upon and approved shall be filed as provided in 76-1-506 and thereafter shall fix the limit of territorial jurisdiction of the respective planning boards.
Mont. Code Ann. § 76-16-301 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-301
76-16-301 Powers and duties of directors
Status: in_force

76-16-301 . Powers and duties of directors. The directors of the state district shall manage and exercise the powers of the state district subject to its bylaws and to the regulation of the commission as provided in this chapter.
Mont. Code Ann. § 76-25-403 — MT Code / Title 76 / Chapter 25 / Part 4 / Section 76-25-403
76-25-403 Adoption and amendment of subdivision regulations
Status: in_force

76-25-403 . Adoption and amendment of subdivision regulations. (1) (a) The governing body shall adopt or amend subdivision regulations only after consideration by and on the recommendation of the planning commission.

(b) An amendment to adopted subdivision regulations may be initiated:

(i) by majority vote of the governing body;

(ii) on petition of at least 15% of the electors of the local government jurisdiction to which the regulations apply, as registered at the last general election; or

(iii) by a property owner, as related to an application for any zoning, subdivision, or other land use permit or approval.

(2) Prior to making a recommendation to the governing body to adopt or amend subdivision regulations, the planning commission shall:

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

(b) accept, consider, and respond to public comment on the proposed subdivision regulation or amendment to a subdivision regulation. All public comment must be part of the administrative record transmitted to the governing body.

(c) make a preliminary determination as to whether the subdivision regulation or amendment to a subdivision regulation is in substantial compliance with the land use plan and zoning regulations, including whether the regulation or amendment:

(i) enables the development of projected needed housing types identified in the land use plan and zoning regulations;

(ii) reflects applicable strategies from the land use plan and zoning regulations to encourage the development of housing within the jurisdiction;

(iii) facilitates the adequate provision of public safety, emergency, utility, transportation, education, and any other local facilities or services for proposed development, as identified in the land use plan and zoning regulations;

(iv) reflects standards that provide for existing, new, or expanding commercial, industrial, and institutional enterprises identified in the land use plan and zoning regulations for economic growth;

(v) protects and maximizes the potential use of natural resources within the area, as identified in the land use plan and zoning regulations;

(vi) contains standards that minimize or avoid impacts to the natural environment within the area, as identified in the land use plan and zoning regulations; and

(vii) contains standards that avoid or minimize dangers associated with natural hazards in the jurisdiction, as identified in the land use plan and zoning regulations; and

(d) preliminarily determine whether the proposed subdivision regulation or amendment to a subdivision regulation results in new or increased potential impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessments conducted for the land use plan and zoning regulations.

(3) If the planning commission finds new or increased potential impacts from the proposed regulation or amendment to a regulation pursuant to subsection (2)(d), the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission and the public with the opportunity, pursuant to 76-25-106 , to comment on and consider all potential impacts resulting from adoption of the subdivision regulation or amendment to a subdivision regulation.

(4) After meeting the requirements of subsection (2), the planning commission shall make a final recommendation to the governing body to approve, modify, or reject the proposed subdivision regulation or amendment to a subdivision regulation.

(5) (a) The governing body shall consider each subdivision regulation or amendment to a subdivision regulation that the planning commission recommends to the governing body.

(b) After providing public notice and participation in accordance with 76-25-106 , the governing body may adopt, adopt with revisions that the governing body considers appropriate, or reject the subdivision regulation or amendment to a subdivision regulation as proposed by the planning commission.

(c) The governing body may not adopt or amend a subdivision regulation unless the governing body finds:

(i) the subdivision regulation or amendment to a subdivision regulation is in substantial compliance with the land use plan and zoning regulations; and

(ii) the impacts resulting from development in substantial compliance with the proposed subdivision regulation or amendment to a subdivision regulation have been made available for public review and comment, which have been fully considered by the governing body.

(6) After the subdivision regulation or amendment to a subdivision regulation has been adopted by the governing body, there is a presumption that:

(a) all subdivisions in substantial compliance with the adopted regulation or amendment are in substantial compliance with the land use plan and zoning regulations; and

(b) the public has been provided a meaningful opportunity to participate.
Mont. Code Ann. § 76-15-408 — MT Code / Title 76 / Chapter 15 / Part 4 / Section 76-15-408
76-15-408 Funding of storage reservoirs
Status: in_force

76-15-408 . Funding of storage reservoirs. Each district shall seek funding for the construction of off-stream storage reservoirs, especially funding from the natural resources projects state special revenue account. The department shall provide assistance, both administrative and technical, in the preparation of grant and funding applications by the districts.
Mont. Code Ann. § 76-25-305 — MT Code / Title 76 / Chapter 25 / Part 3 / Section 76-25-305
76-25-305 Effect on zoning regulations and map
Status: in_force

76-25-305 . (Temporary) Effect on zoning regulations and map. (1) After the adoption of a zoning regulation, map, or amendment pursuant to 76-25-304 , any application proposing development of a site is subject to the process set forth in this section.

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

(b) Except as provided in subsections (2)(a) or (2)(c), when a proposed development lies entirely in an unincorporated area, the application must be submitted to and approved by the county.

(c) If a proposed development 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 development lies partly within an incorporated city, the application and materials must be submitted to and approved by both the city and the county governing bodies.

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

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

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

(4) (a) If the planning administrator makes an initial determination that the proposed development, with or without variances or deviations from adopted standards, meets the requirements of subsections (3)(a) and (3)(b), the planning administrator shall provide public notice of the 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 (4)(a) supports a determination that the proposed development fails to meet the requirements of subsections (3)(a) and (3)(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 provided in subsection (4)(a) provides evidence that the proposed development fails to meet either one or both of the requirements of subsection (3)(a) or (3)(b), the planning administrator shall proceed with further review of the application as set forth in subsection (5).

(5) If the planning administrator makes an initial determination or public comment received under subsection (4)(c) provides evidence that the proposed development, with or without variances or deviations from adopted standards, fails to meet either one or both of the requirements of subsection (3)(a) or (3)(b), the planning administrator shall proceed as follows:

(a) request that the applicant 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 regulations or zoning map 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, or zoning map;

(b) collect any additional data or perform additional analysis 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 regulations or zoning map 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, or zoning map; 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 15-business-day written comment period during which the public must have the opportunity to participate and comment on the data collected and analysis performed pursuant to subsections (5)(a) and (5)(b).

(6) Any additional data, analysis, comment, or consideration described in subsection (5) must be limited to the lack of substantial compliance with the zoning regulations or map and any new or significantly increased impacts potentially resulting from the proposed development, to the extent the impact was not previously identified or considered in the adoption, amendment, or update of the land use plan, zoning regulations, or zoning map.

(7) After the public comment period provided in subsection (5) has ended, 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 .

(8) If an applicant proposes to develop a site in a manner or to an extent that the development is not in substantial compliance with the zoning regulations or map, the applicant may propose an amendment to the regulations or map and follow the process provided for in 76-25-304 .

(9) 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. § 76-15-207 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-207
76-15-207 Referendum on question of creating district
Status: in_force

76-15-207 . Referendum on question of creating district. (1) To assist the department in the determination of administrative practicability and feasibility, the department shall, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district and cause due notice of the referendum to be given.

(2) The question must be submitted by ballots upon which the words "For creation of a conservation district of the lands below described and lying in the county(ies) of ...., ...., and ...." and "Against creation of a conservation district of the lands below described and lying in the county(ies) of .... and ...." must appear, with a square before each proposition and a direction to insert an "X" mark in the square before one or the other of the propositions as the voter may favor or oppose creation of the district. The ballot must set forth the boundaries of the proposed district as determined by the department.

(3) All qualified electors within the boundaries of the territory, as determined by the department, are eligible to vote in the referendum.
Mont. Code Ann. § 76-15-525 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-525
76-15-525 Payment of district money -- warrants
Status: in_force

76-15-525 . Payment of district money -- warrants. The treasurer of the principal county shall pay out money of the district only upon warrants of the county auditor or, in those counties not having an auditor, the county clerk and recorder, drawn upon order of the supervisors of the district and signed by at least two of such supervisors.
Mont. Code Ann. § 76-3-612 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-612
76-3-612 Subdivision guarantee required for review process
Status: in_force

76-3-612 . Subdivision guarantee required for review process. (1) The subdivider shall submit with the final plat a subdivision guarantee issued by an authorized title insurer or its title insurance producer showing the names of the owners of record of the land to be subdivided and the names of lienholders or claimants of record against the land and the written consent to the subdivision by the owners of the land, if other than the subdivider, and any lienholders or claimants of record against the land.

(2) The governing body may provide for the review of the subdivision guarantee for the land in question by the county attorney where the land lies in an unincorporated area or by the city or town attorney when the land lies within the limits of a city or town.

(3) As used in this section, "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 subsection (1).
Mont. Code Ann. § 76-13-417 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-417
76-13-417 Fire hazard reduction fund
Status: in_force

76-13-417 . Fire hazard reduction fund. (1) There is a fire hazard reduction fund in the state special revenue fund established in 17-2-102 .

(2) There is deposited in the fund all revenue from forfeited performance bonds provided for in 76-13-410 .

(3) The fund is statutorily appropriated, as provided in 17-7-502 , to the department of natural resources and conservation for the purposes of authorizing, managing, and completing fire hazard reduction activities pursuant to this part.
Mont. Code Ann. § 76-25-208 — MT Code / Title 76 / Chapter 25 / Part 2 / Section 76-25-208
76-25-208 Economic development
Status: in_force

76-25-208 . Economic development. (1) The land use plan must:

(a) assess existing and potential commercial, industrial, small business, and institutional enterprises in the jurisdiction, including the types of sites and supporting services needed by the enterprises;

(b) summarize job composition and trends by industry sector, including existing labor force characteristics and future labor force requirements, for existing and potential enterprises in the jurisdiction;

(c) assess the extent to which local characteristics, assets, and resources support or constrain existing and potential enterprises, including access to transportation to market goods and services, and assess historic, cultural, and scenic resources and their relationship to private sector success in the jurisdiction;

(d) inventory sites within the jurisdiction, including zoned, unzoned, vacant, underutilized, and potentially redeveloped sites, available to meet the jurisdiction's economic development needs;

(e) assess the adequacy of existing and projected local facilities and services, schools, housing stock, and other land uses necessary to support existing and potential commercial, industrial, and institutional enterprises; and

(f) assess the financial feasibility of supporting anticipated economic growth in the jurisdiction.

(2) The local government may incorporate by reference any information or policies identified in other relevant economic development assessments.

(3) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body.
Mont. Code Ann. § 76-15-107 — MT Code / Title 76 / Chapter 15 / Part 1 / Section 76-15-107
76-15-107 Exemption from environmental review
Status: in_force

76-15-107 . Exemption from environmental review. The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants, loans, or bonds related to conservation, reclamation, and renewable resource activities pursuant to this part.
Mont. Code Ann. § 76-1-104 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-104
76-1-104 Procedure to establish county planning board -- protest
Status: in_force

76-1-104 . Procedure to establish county planning board -- protest. (1) Before a county planning board may be created, the board of county commissioners shall by resolution give public notice of their intent to create such planning board and of a public hearing thereon by publication of notice of time and place of hearing on such resolution in each newspaper published in the county not less than 15 or more than 30 days prior to the date of hearing.

(2) A resolution creating a county planning board shall not be adopted by the board of county commissioners if disapproved in writing, not later than 60 days after such hearing, by a majority of the qualified electors of the county residing outside the limits of the jurisdictional area of an existing city-county planning board established pursuant to 76-1-504 through 76-1-507 and outside the incorporated limits of each city and town in the county.
Mont. Code Ann. § 76-6-106 — MT Code / Title 76 / Chapter 6 / Part 1 / Section 76-6-106
76-6-106 Acquisition and designation of real property by public body
Status: in_force

76-6-106 . Acquisition and designation of real property by public body. To carry out the purposes of this chapter, any public body may:

(1) acquire by purchase, gift, devise, bequest, or grant title to or any interests or rights in real property, including land and water, that will provide a means for the preservation or provision of significant open-space land or the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interest, or both;

(2) designate any real property, including land and water, in which it has an interest to be retained and used for the preservation and provision of significant open-space land or the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interests, or both.
Mont. Code Ann. § 76-12-122 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-122
76-12-122 Terminated
Status: in_force

76-12-122 . Terminated. Sec. 15, Ch. 460, L. 1987.
Mont. Code Ann. § 76-12-115 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-115
76-12-115 Consultation with interested parties
Status: in_force

76-12-115 . Consultation with interested parties. The department shall consult with citizen organizations, organizations representing Montana's basic resource industries, and other interested state agencies in the administration of this part.
Mont. Code Ann. § 76-16-206 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-206
76-16-206 Amending articles of incorporation
Status: in_force

76-16-206 . Amending articles of incorporation. (1) A state district may amend its articles of incorporation by a two-thirds vote of all members present at any regular or special meeting of its members and the approval of the commission. The only notice of the meeting that is necessary is the notice of meetings of members as required by the bylaws of the state district. The amended articles of incorporation and bylaws must be submitted to the commission for approval. Upon approval, the commission shall issue a certificate of approval. The amended articles of incorporation must be filed by the secretary of state without charge, but may not be filed unless accompanied by the certificate of approval. If the articles of incorporation are amended, the amendment must be filed with the county clerk or clerks.

(2) Upon the filing of the amended articles with the secretary of state and the proper county clerk or clerks, the state district possesses the same powers and is subject to the same obligations as if incorporated under this chapter.
Mont. Code Ann. § 76-13-104 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-104
76-13-104 Functions of department -- rulemaking
Status: in_force

76-13-104 . Functions of department -- rulemaking. (1) (a) The department has the duty to ensure the protection of land under state and private ownership and to suppress wildfires on land under state and private ownership. Fees may not be collected for this purpose except fees provided for in 76-13-201 .

(b) The department may engage in wildfire initial attack on all lands if the fire threatens to move onto state or private land.

(2) (a) The department shall adopt rules to protect the natural resources of the state, especially the natural resources owned by the state, from destruction by fire and for that purpose, in declared emergencies, may employ personnel and incur other expenses when necessary.

(b) The department may adopt and enforce reasonable rules for the purpose of enforcing and accomplishing the provisions and purposes of part 2 and this part.

(3) The duty imposed on the department under this section is not exclusive to the department and does not absolve private property owners or local governmental fire agencies organized under Title 7, chapter 33, from any fire protection or suppression responsibilities.

(4) The department may give technical and practical advice concerning forest, range, water, and soil conservation and the establishment and maintenance of woodlots, windbreaks, shelterbelts, and fire protection.

(5) The department shall cooperate with all public and other agencies in the development, protection, and conservation of the forest, range, and water resources in this state.

(6) The department shall establish and maintain wildland fire control training programs.

(7) The department shall appoint firewardens in the number and localities that it considers necessary and shall adopt rules prescribing the qualifications and duties of firewardens that are in addition to those provided in 76-13-116 .

(8) The department shall adopt rules addressing development within the wildland-urban interface, including but not limited to:

(a) best practices for development within the wildland-urban interface; and

(b) criteria for providing grant and loan assistance to local government entities to encourage adoption of best practices for development within the wildland-urban interface.

(9) (a) The department shall establish a good neighbor policy that would allow the department to enter into a cooperating and coordinating agreement or contract that authorizes the state forester to engage in forest management and education activities to:

(i) reduce wildland fire risk and intensity on federal land designated as wildland-urban interface under 76-13-145 ; and

(ii) take advantage of federal authority that promotes sustainable forest management.

(b) Forest management activities to reduce wildland fire risk and intensity included in the good neighbor policy must include the authority to:

(i) treat insect-infested trees;

(ii) reduce hazardous fuels; and

(iii) conduct any other activities to improve the overall diversity and vigor of forested landscapes.

(10) The department has the authority to intervene in litigation or appeals on federal forest management projects that involve reduction of hazardous fuels or other activities to mitigate the risk of wildland fire in the wildland-urban interface.
Mont. Code Ann. § 76-2-315 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-315
76-2-315 Violations and penalties
Status: in_force

76-2-315 . Violations and penalties. (1) A violation of this part or of such ordinance or regulation made pursuant to 76-2-308 (1) is a misdemeanor, and such city or town council or other legislative body may provide for the punishment thereof by fine or imprisonment or both.

(2) It is also empowered to provide civil penalties for such violation.
Mont. Code Ann. § 76-2-307 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-307
76-2-307 Zoning commission
Status: in_force

76-2-307 . Zoning commission. In order to avail itself of the powers conferred by this part, except 76-2-306 , the city or town council or other legislative body shall appoint a commission, to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and such city or town council or other legislative body shall not hold its public hearings or take action until it has received the final report of such commission.
Mont. Code Ann. § 76-15-803 — MT Code / Title 76 / Chapter 15 / Part 8 / Section 76-15-803
76-15-803 Combination or division of districts
Status: in_force

76-15-803 . Combination or division of districts. (1) A petition may be filed with the department for the division of any district, for the combination of any two or more districts, or for the division of a district and the combination of any divided part of a district with any other district. Any or all of these actions may be initiated by the filing of a single petition with the department. The petition must be signed by a majority of the members of each of the governing bodies of the affected districts. The department shall prescribe the form for the petition. When a petition is filed, the department shall within 30 days give notice of a public hearing on the petition. All qualified electors within the affected districts and all other interested parties are entitled to attend the hearing and be heard. After the hearing, the department shall determine from the hearing record whether the proposed division, the combination, or the division and combination of territory is administratively practicable and feasible. In making the determination, the department shall give due regard to the legislative determinations set forth in 76-15-101 and 76-15-102 and to the considerations enumerated in 76-15-201 through 76-15-216 , to the extent applicable, relative to determining the practicability and feasibility of creating a district.

(2) If the department determines that the proposed division, combination, or division and combination is administratively practicable and feasible, the department shall effect the proposed division, combination, or division and combination by filing with the secretary of state a statement certifying the changes made in the boundaries of the affected districts, together with any change in the name of the districts. If the determination is in the negative, the department shall make and record that determination and shall deny the petition. After 6 months from the denial of the petition, a new petition may be filed.

(3) When a district is divided, the supervisors of the district shall allocate the property, rights, and liabilities (including contractual obligations) of the district among the resulting parts of the district, giving due consideration to the proportionate size of each divided part, the number of qualified electors and operating units, the degree and extent of soil erosion in the district, and other relevant factors. A statement of the allocation must be filed with the department within 30 days after the notification of the board's determination in favor of the division of the district. If the supervisors fail to make or to agree upon the allocation, the division must be made by the department after a hearing as the department considers necessary and with due regard for the standards set out in this subsection for making the allocations.
Mont. Code Ann. § 76-2-322 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-322
76-2-322 Membership and term of board members -- vacancies
Status: in_force

76-2-322 . Membership and term of board members -- vacancies. (1) The board of adjustment shall consist of not less than five or more than seven members to be appointed for a term to be specified by the city or town council or other legislative body or, if no term is specified, then for a term of 3 years. A member is removable for cause by the appointing authority upon written charges and after public hearing.

(2) Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
Mont. Code Ann. § 76-2-224 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-224
76-2-224 Vote needed for board action
Status: in_force

76-2-224 . Vote needed for board action. The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official; to decide in favor of the applicant on any matter upon which it is required to pass under any such resolution; or to effect any variation in such resolution.
Mont. Code Ann. § 76-13-902 — MT Code / Title 76 / Chapter 13 / Part 9 / Section 76-13-902
76-13-902 Purpose
Status: in_force

76-13-902 . Purpose. The purposes of this part are to establish a prescribed fire manager certification program and to establish a contingent liability standard.
Mont. Code Ann. § 76-1-108 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-108
76-1-108 City-county planning board as a zoning commission
Status: in_force

76-1-108 . City-county planning board as a zoning commission. The city council may in its discretion require the city-county planning board to function as the zoning commission authorized under 76-2-307 .
Mont. Code Ann. § 76-5-1115 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1115
76-5-1115 Fees and charges authorized
Status: in_force

76-5-1115 . Fees and charges authorized. Cities, towns, and counties may for the purpose of providing funds for the operation and maintenance of completed projects fix, maintain, and collect fees, rents, tolls, and other charges for services rendered or facilities provided.
Mont. Code Ann. § 76-3-615 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-615
76-3-615 Subsequent hearings -- consideration of new information -- requirements for regulations
Status: in_force

76-3-615 . Subsequent hearings -- consideration of new information -- requirements for regulations. (1) The regulations adopted pursuant to 76-3-504 (1)(o) must comply with the provisions of this section.

(2) The governing body shall determine whether public comments or other information presented to the governing body at a hearing held pursuant to 76-3-605 constitutes relevant, new information regarding a subdivision application or a substantial change to the design of the subdivision that has never been submitted as evidence or considered by either the governing body or its agent or agency and has a substantial effect on the governing body's consideration of the application.

(3) If the governing body determines that the information presented to the governing body constitutes the information described in subsection (2), the governing body may:

(a) approve, conditionally approve, or deny the proposed subdivision without basing its decision on the new information if the governing body determines that the new information is either irrelevant or not credible or the change to the design of the subdivision does not substantially impact the analysis of potentially significant adverse impacts; or

(b) schedule or direct its agent or agency to schedule a subsequent public hearing for consideration of only the new information, including a substantial change to the design of the subdivision for purposes of considering its findings of fact and conclusions and any proposed conditions of approval in light of the new information that the governing body will rely on in making its decision on the proposed subdivision.

(4) If a public hearing is held as provided in subsection (3)(b), the 60-working-day review period required in 76-3-604 (4) is suspended and the new hearing must be noticed and held within 45 days of the governing body's determination to schedule a new hearing. After the new hearing, the 60-working-day time limit resumes at the governing body's next scheduled public meeting for which proper notice for the public hearing on the subdivision application can be provided. The governing body may not consider any information regarding the subdivision application that is presented after the hearing when making its decision to approve, conditionally approve, or deny the proposed subdivision.
Mont. Code Ann. § 76-3-511 — MT Code / Title 76 / Chapter 3 / Part 5 / Section 76-3-511
76-3-511 Local regulations no more stringent than state regulations or guidelines
Status: in_force

76-3-511 . Local regulations no more stringent than state regulations or guidelines. (1) Except as provided in subsections (2) through (4) or unless required by state law, a governing body may not adopt a regulation under 76-3-501 or 76-3-504 (1)(g)(iii) that is more stringent than the comparable state regulations or guidelines that address the same circumstances. The governing body may incorporate by reference comparable state regulations or guidelines.

(2) The governing body may adopt a regulation to implement 76-3-501 or 76-3-504 (1)(g)(iii) that is more stringent than comparable state regulations or guidelines only if the governing body makes a written finding, after a public hearing and public comment and based on evidence in the record, that:

(a) the proposed local standard or requirement protects public health or the environment; and

(b) the local standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.

(3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the governing body's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed local standard or requirement.

(4) (a) A person affected by a regulation of the governing body adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable state regulations or guidelines may petition the governing body to review the regulation. If the governing body determines that the regulation is more stringent than comparable state regulations or guidelines, the governing body shall comply with this section by either revising the regulation to conform to the state regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged regulation. The governing body may charge a petition filing fee in an amount not to exceed $250.

(b) A person may also petition the governing body for a regulation review under subsection (4)(a) if the governing body adopts a regulation after January 1, 1990, in an area in which no state regulations or guidelines existed and the state government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted governing body regulation.
Mont. Code Ann. § 76-13-136 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-136
76-13-136 Cooperative agreements with owners and lessees of land for fire protection and conservation
Status: in_force

76-13-136 . Cooperative agreements with owners and lessees of land for fire protection and conservation. (1) For the purpose of more adequately promoting and facilitating cooperation, financial and otherwise, between the state and all of the public and private agencies, the department of natural resources and conservation may cooperate with owners or lessees of farm, range, forest, watershed, or other uncultivated lands in private and public ownership for the protection from fire of the cultivated agricultural crops or natural resources existing or growing on the land and also in the conservation and perpetuation of the lands and resources, including the prevention of soil erosion and the regulation of stream flow.

(2) The state treasurer may receive money that may be appropriated or allotted for the purposes listed in subsection (1) by the state, counties, municipalities, the United States government or any department of the federal government, or other organization or individual.
Mont. Code Ann. § 76-16-104 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-104
76-16-104 Role of the commission
Status: in_force

76-16-104 . Role of the commission. (1) The commission shall assist in carrying out the purposes of this chapter, act in an advisory capacity with the boards of county commissioners, and supervise and coordinate the formation and operation of state districts that may be incorporated under this chapter.

(2) The commission may act in an advisory capacity to the boards of county commissioners for the purpose of working out uniform plans for the use of lands lying within or outside of the boundaries of state districts in conformity with recognized conservation and stabilization policies.
Mont. Code Ann. § 76-7-107 — MT Code / Title 76 / Chapter 7 / Part 1 / Section 76-7-107
76-7-107 Public body powers
Status: in_force

76-7-107 . Public body powers. In connection with environmental control sites acquired or designated as environmental control easements for the purposes of this chapter, a public body may provide, arrange, or contract for the monitoring of the environmental control sites as necessary to ensure that the environmental control sites are being used only for the purposes permitted by the terms of the environmental control easement and are not being used in a manner that is prohibited or restricted by the terms of the environmental control easement.
Mont. Code Ann. § 76-15-528 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-528
76-15-528 Lien for special assessments
Status: in_force

76-15-528 . Lien for special assessments. Any special assessment made and levied to defray the cost and expenses of any of the work enumerated in this chapter, together with any percentages imposed for delinquency and for cost of collection, shall constitute a lien against the property upon which such assessment is levied from the date on which such assessment is levied. This lien can only be extinguished by payment of such assessment with all penalties, costs, and interest.
Mont. Code Ann. § 76-15-203 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-203
76-15-203 Hearing procedure if additional territory to be included
Status: in_force

76-15-203 . Hearing procedure if additional territory to be included. If it appears to the department after reviewing the record of the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the department shall adjourn the hearing and shall cause due notice of a further hearing to be given throughout the entire area considered for inclusion in the district. The further hearing must be held by the department.
Mont. Code Ann. § 76-2-310 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-310
76-2-310 Extension of municipal zoning and subdivision regulations beyond municipal boundaries -- termination of authority for extension
Status: in_force

76-2-310 . Extension of municipal zoning and subdivision regulations beyond municipal boundaries -- termination of authority for extension. (1) A city or town council or other legislative body that has adopted a growth policy pursuant to chapter 1 or a land use plan pursuant to chapter 25 for the area to be affected by the regulations may extend the application of its zoning or subdivision regulations beyond its limits in any direction subject to the following limits:

(a) up to 3 miles beyond the limits of a city of the first class as defined in 7-1-4111 ;

(b) up to 2 miles beyond the limits of a city of the second class; and

(c) up to 1 mile beyond the limits of a city or town of the third class.

(2) (a) The authority granted to a city or town to apply zoning beyond its limits pursuant to subsection (1) is terminated when the county in which the city or town is located adopts zoning regulations for the area pursuant to Title 76, chapter 2.

(b) The authority granted to a city or town to apply its subdivision regulations beyond its limits pursuant to subsection (1) is terminated when the county in which the city or town is located adopts subdivision regulations for the area pursuant to Title 76, chapter 3.

(3) When two or more noncontiguous cities have boundaries so near to one another as to create an area of potential conflict in the event that all cities concerned should exercise the full powers conferred by 76-2-302 , 76-2-311 , and this section, then the extension of zoning or subdivision regulations, or both, by these cities must terminate at a boundary line agreed upon by the cities.
Mont. Code Ann. § 76-13-701 — MT Code / Title 76 / Chapter 13 / Part 7 / Section 76-13-701
76-13-701 Findings and policy
Status: in_force

76-13-701 . Findings and policy. (1) The legislature finds that the sustainable management of public forests in Montana is vital to conserving the state's natural resources and their economic and ecological potential for the benefit of all Montanans.

(2) The legislature finds that public forests in Montana should be sustainably managed to maintain biodiversity, productivity, regeneration capacity, vitality, and potential to fulfill relevant ecological, economic, and social functions.

(3) The legislature finds that sustainable forest stewardship and management of Montana's public forests requires a balanced approach that ensures a stable timber supply, active restoration, healthy watersheds and fish and wildlife habitat, areas for natural processes, and allowances for multiple uses.

(4) The legislature finds that:

(a) there is overwhelming evidence that the management, protection, and conservation of watersheds in Montana is critical to the well-being of the state;

(b) the water supplies of some of the state's most populous cities and surrounding areas originate in federally managed watersheds that are at risk for catastrophic wildfire, the severity of which could be reduced by proper management;

(c) a catastrophic wildfire in any one of those municipal watersheds would result in ash and sediment inundating and degrading the water supply, leaving tens of thousands of residents without drinking water, creating a severe public safety situation, and decimating millions of dollars worth of water infrastructure;

(d) a burned-out watershed also affects the timing of snow melt and stream flow, which detrimentally affects irrigation and fisheries; and

(e) federal land managers are not giving due consideration to the constitutionally protected water rights of the state and its citizens, the exercise of which would be impaired by a catastrophic wildfire.

(5) The legislature declares that it is the policy of this state to promote the sustainable use of all public forests within the state through sound management and collaboration with local, state, and federal entities.
Mont. Code Ann. § 76-15-903 — MT Code / Title 76 / Chapter 15 / Part 9 / Section 76-15-903
76-15-903 Definitions
Status: in_force

76-15-903 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Agricultural production" means the production of:

(a) any growing grass, crops, or trees attached to the surface of the land; or

(b) farm animals with commercial value.

(2) "Coal bed methane developer or operator" means the person who acquires a lease for the purpose of extracting natural gas from a coal bed.

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

(4) "Emergency" means the loss of a water supply that must be replaced immediately to avoid substantial damage to a landowner or a water right holder.
Mont. Code Ann. § 76-25-215 — MT Code / Title 76 / Chapter 25 / Part 2 / Section 76-25-215
76-25-215 Issue plans
Status: in_force

76-25-215 . Issue plans. (1) A local governing body may adopt issue plans for all or part of a jurisdiction that provide a more detailed or thorough analysis for any component of the land use plan.

(2) The adoption, amendment, or update of an issue plan must follow the same process as a land use plan provided for in this part.

(3) If an issue plan covers the jurisdictional area of the land use plan, the issue plan may serve as the detailed analysis required in the land use plan.
Mont. Code Ann. § 76-15-213 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-213
76-15-213 Processing of application by secretary of state
Status: in_force

76-15-213 . Processing of application by secretary of state. (1) The secretary of state shall examine the application and statement, and if the secretary of state finds that the name proposed for the district is not identical with that of any other conservation district of this state or so nearly similar as to lead to confusion or uncertainty, the secretary of state shall receive and file the application and statement and shall record them in an appropriate book of record in the secretary of state's office.

(2) If the secretary of state finds that the name proposed for the district is identical with that of any other conservation district of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall certify that fact to the department. The department shall submit to the secretary of state a new name for the district which is not subject to the defects. Upon receipt of the new name free of defects, the secretary of state shall record the application and statement with the modified name in an appropriate book of record in the secretary of state's office.

(3) The secretary of state shall make and issue to the supervisors, without cost, a certificate under the seal of the state of the due organization of the district and shall record the certificate with the application and statement.
Mont. Code Ann. § 76-8-106 — MT Code / Title 76 / Chapter 8 / Part 1 / Section 76-8-106
76-8-106 Buildings for lease or rent -- three or fewer buildings -- application -- review procedures
Status: in_force

76-8-106 . Buildings for lease or rent -- three or fewer buildings -- application -- review procedures. (1) A landowner shall submit an application for the creation of the first three or fewer buildings for lease or rent on a single tract to the department or local reviewing authority for sanitation review if review is required by Title 76, chapter 4, or to the local board or department of health if review is required by Title 50.

(2) If the department or local reviewing authority approves the application, the landowner shall record the certificate of approval and any conditions for the approval of the application with the county clerk and recorder.

(3) If a building for lease or rent is created on a single tract on or after September 1, 2013, and the tract is later subdivided or an exemption from subdivision review is used pursuant to Title 76, chapter 3, any building for lease or rent on the new tract is subject to the provisions of 76-8-102 , 76-8-107 , and 76-8-108 .
Mont. Code Ann. § 76-16-103 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-103
76-16-103 Definitions
Status: in_force

76-16-103 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Animal unit" means one cow, one horse, or five sheep, 6 months of age or older.

(2) "Animal unit month" or "AUM" means one cow/calf pair, one horse, or five sheep, grazed individually for 1 month, or an equivalency as determined by a local state district.

(3) "Assessment" means a special levy imposed on permittee members by the state district to raise funds for specific purposes as provided in 76-16-323 (1). The term does not include fees.

(4) "Commensurate property" means land that is privately owned or controlled and that is not range.

(5) "Commission" means the Montana grass conservation commission provided for in 76-16-112 .

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

(7) "Dependent commensurate property" is commensurate property that:

(a) requires the use of range in connection with it to maintain its proper use;

(b) produces or whose owner furnishes as part of the owner's past customary practice the proper feed necessary to maintain livestock during the time other than the established grazing period on the range; and

(c) has been used in connection with the range for a 5-year period immediately preceding the date of organization of the state district.

(8) "Directors" means the board of directors of a state district provided for in 76-16-301 .

(9) "Grazing preference" is a right to obtain a grazing permit from a state district, expressed in animal unit months. Grazing preferences, expressed in AUMs, must be the basis for determining a member's proportionate interest in state district assets.

(10) "Permits" are evidence of grazing privileges granted by state districts.

(11) "Person" means a natural person or persons, unincorporated associations, partnerships, corporations, and governmental departments or agencies.

(12) "Range" is the land within a state district upon which grazing permits are granted to maintain livestock through the established grazing period.

(13) "Secretary" means the secretary of the Montana grass conservation commission.

(14) "State district" means a nonprofit cooperative organization incorporated under this chapter and its board of directors. The term includes all lands owned or controlled by the state district or its members.
Mont. Code Ann. § 76-3-608 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-608
76-3-608 Criteria for local government review
Status: in_force

76-3-608 . Criteria for local government review. (1) The basis for the governing body's decision to approve, conditionally approve, or deny a proposed subdivision is whether the subdivision application, preliminary plat, applicable environmental assessment, public hearing, planning board recommendations, or additional information demonstrates that development of the proposed subdivision meets the requirements of this chapter. A governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services or based solely on parcels within the subdivision having been designated as wildland-urban interface parcels under 76-13-145 .

(2) The governing body shall issue written findings of fact that weigh the criteria in subsection (3), as applicable.

(3) A subdivision proposal must undergo review for the following primary criteria:

(a) except when the governing body has established an exemption pursuant to subsection (6) or except as provided in 76-3-509 , 76-3-609 (2) or (4), or 76-3-616 , the specific, documentable, and clearly defined impact on agriculture, agricultural water user facilities, local services, the natural environment, wildlife, wildlife habitat, and public health and safety, excluding any consideration of whether the proposed subdivision will result in a loss of agricultural soils;

(b) compliance with:

(i) the survey requirements provided for in part 4 of this chapter;

(ii) the local subdivision regulations provided for in part 5 of this chapter; and

(iii) the local subdivision review procedure provided for in this part;

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

(d) the provision of 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.

(4) The governing body may require the subdivider to design the proposed subdivision to reasonably minimize potentially significant adverse impacts identified through the review required under subsection (3) but may not require a set-aside of land or monetary contribution for the loss of agricultural soils. Pursuant to 76-3-620 , the governing body shall issue written findings to justify the reasonable mitigation required under this subsection (4).

(5) (a) In reviewing a proposed subdivision under subsection (3) and when requiring mitigation under subsection (4), a governing body may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the impacts of a proposed development may be deemed unmitigable and will preclude approval of the subdivision.

(b) When requiring mitigation under subsection (4) and consistent with 76-3-620 , a governing body shall consult with the subdivider and shall give due weight and consideration to the expressed preference of the subdivider.

(6) (a) A governing body may conditionally approve or deny a proposed subdivision as a result of the water and sanitation information provided pursuant to 76-3-622 or public comment received pursuant to 76-3-604 on the information provided pursuant to 76-3-622 only if the conditional approval or denial is based on existing subdivision, zoning, or other regulations that the governing body has the authority to enforce.

(b) Except for proposed subdivisions served by a hauled water cistern, an adequate municipal facility, or an adequate county water and/or sewer district facility, as defined in 76-4-102 , or that are determined to not need water, a governing body may require as a condition of subdivision approval that an applicant obtain approval from the department of natural resources and conservation to appropriate water pursuant to Title 85, chapter 2.

(7) A governing body may not require as a condition of subdivision approval that a property owner waive a right to protest the creation of a special improvement district or a rural improvement district for capital improvement projects that does not identify the specific capital improvements for which protest is being waived. A waiver of a right to protest may not be valid for a time period longer than 20 years after the date that the final subdivision plat is filed with the county clerk and recorder.

(8) A governing body may not approve a proposed subdivision if any of the features and improvements of the subdivision encroach onto adjoining private property in a manner that is not otherwise provided for under chapter 4 or this chapter or if the well isolation zone of any proposed well to be drilled for the proposed subdivision encroaches onto adjoining private property unless the owner of the private property authorizes the encroachment. For the purposes of this section, "well isolation zone" has the meaning provided in 76-4-102 .

(9) If a federal or state governmental entity submits a written or oral comment or an opinion regarding wildlife, wildlife habitat, or the natural environment relating to a subdivision application for the purpose of assisting a governing body's review, the comment or opinion may be included in the governing body's written statement under 76-3-620 only if the comment or opinion provides scientific information or a published study that supports the comment or opinion. A governmental entity that is or has been involved in an effort to acquire or assist others in acquiring an interest in the real property identified in the subdivision application shall disclose that the entity has been involved in that effort prior to submitting a comment, an opinion, or information as provided in this subsection.

(10) Findings of fact by the governing body concerning whether the development of the proposed subdivision meets the requirements of this chapter must be based on the record as a whole. The governing body's findings of fact must be sustained unless they are arbitrary, capricious, or unlawful.
Mont. Code Ann. § 76-1-410 — MT Code / Title 76 / Chapter 1 / Part 4 / Section 76-1-410
76-1-410 Planning fees -- limit
Status: in_force

76-1-410 . Planning fees -- limit. (1) Governing bodies that have committed in a resolution to adopting or that have adopted a growth policy that includes the provisions of 76-1-601 (4)(c) may assess planning fees to pay for services that fulfill the purposes of Title 76, chapter 1. The planning fees are in addition to any other fees authorized by law and may be collected as part of either subdivision applications or zoning permits.

(2) Planning fees may not exceed $50 for each residential lot or unit or $250 for each commercial, industrial, or other type of lot or unit.
Mont. Code Ann. § 76-15-543 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-543
76-15-543 Application for loan
Status: in_force

76-15-543 . Application for loan. (1) An application for a loan must be in the form prescribed by the district supervisors and contain or be accompanied by any information necessary to adequately describe the proposed conservation practice and necessary for evaluation of the proposed conservation practice under the criteria contained in 76-15-544 and 76-15-545 .

(2) The application must include a conservation plan, which may be prepared in consultation with the United States natural resources conservation service.
Mont. Code Ann. § 76-13-103 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-103
76-13-103 Applicability
Status: in_force

76-13-103 . Applicability. Part 2 and this part apply to all state and private lands within this state that are susceptible to wildfire, as determined by the department.
Mont. Code Ann. § 76-15-512 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-512
76-15-512 Expenses to be covered by estimate
Status: in_force

76-15-512 . Expenses to be covered by estimate. The total amount of the estimate shall be sufficient to raise the amount of money necessary during the ensuing year to pay the incidental expenses of the district and to fund a conservation practice loan program in those districts having elected to establish such a program.
Mont. Code Ann. § 76-5-1107 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1107
76-5-1107 Direction and construction responsibility of state or federal government -- local role
Status: in_force

76-5-1107 . Direction and construction responsibility of state or federal government -- local role. This part contemplates that the actual direction of the project and the doing of the work in connection therewith is assumed by either the state or the federal government and the city, town, or county provides and assumes the cost of necessary right-of-way over and above such contributions in that regard as the federal government may choose to make. Under such limitation, all appropriate portions of this part shall apply.
Mont. Code Ann. § 76-15-521 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-521
76-15-521 Principal county defined
Status: in_force

76-15-521 . Principal county defined. "Principal county" as used in this part means the county in which all or the greatest portion of the land of a district is situated. The principal county remains the same regardless of any change in boundaries.
Mont. Code Ann. § 76-15-541 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-541
76-15-541 Conservation practice loan program -- definition
Status: in_force

76-15-541 . Conservation practice loan program -- definition. (1) A conservation district may establish and administer a conservation practice loan program pursuant to 76-15-541 through 76-15-547 .

(2) A conservation practice loan may be made to a land occupier who is an agriculture producer within the exterior boundaries of the district. The conservation practice must be constructed, operated, developed, and maintained within the district.

(3) A conservation practice is the construction, operation, development, or maintenance of an erosion control and prevention operation, a work of improvement for flood prevention, and the conservation, development, use, and disposal of water within a district in furtherance of the purposes and policies of this chapter. Conservation practices include those practices pertaining to acceptable land use conversion as determined by a majority of the district supervisors with the advice of the United States natural resources conservation service.
Mont. Code Ann. § 76-25-409 — MT Code / Title 76 / Chapter 25 / Part 4 / Section 76-25-409
76-25-409 Effect of preliminary plat approval
Status: in_force

76-25-409 . Effect of preliminary plat approval. (1) (a) An approved or conditionally approved preliminary plat must be in effect for not more than 5 calendar years and not less than 1 calendar year.

(b) At the end of the period, the planning administrator may, at the request of the subdivider, extend the approval once by written agreement.

(c) On receipt of a request for an extension, the planning administrator shall determine whether the preliminary plat remains in substantial compliance with the zoning and subdivision regulations. If the preliminary plat is no longer in substantial compliance with the zoning or subdivision regulations, the extension may not be granted.

(d) After a preliminary plat is approved, the local government 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.

(e) Any subsequent requests by the subdivider for extension of the approval must be reviewed and approved by the governing body.

(2) An approved or conditionally approved phased preliminary plat must be in effect for 20 calendar years.
Mont. Code Ann. § 76-15-212 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-212
76-15-212 Submission of application by appointed supervisors
Status: in_force

76-15-212 . Submission of application by appointed supervisors. The district is a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the following proceedings:

(1) The two appointed supervisors shall present to the secretary of state an application signed by them, which must set forth:

(a) that a petition for the creation of the district was filed with the department pursuant to this chapter, that the proceedings specified in this chapter were taken pursuant to the petition, that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter, and that the department has appointed them as supervisors;

(b) the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office;

(c) the term of office of each of the supervisors;

(d) the name which is proposed for the district; and

(e) the location of the principal offices of the supervisors of the district.

(2) The application must be subscribed and sworn to by each of the supervisors.

(3) (a) The application must be accompanied by a statement by the department which shall certify that:

(i) a petition was filed, notice issued, and hearing held as provided in this part;

(ii) the department determined that there is need in the interest of the public health, safety, and welfare for a conservation district to function in the proposed territory and defined the boundaries of the district;

(iii) notice was given and a referendum held on the question of the creation of the district; and

(iv) the result of the referendum showed a majority of the votes cast in the referendum to be in favor of the creation of the district and that the department determined that the operation of the proposed district is administratively practicable and feasible.

(b) The statement must also set forth the boundaries of the district as they have been defined by the department.
Mont. Code Ann. § 76-2-220 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-220
76-2-220 Zoning commission -- appointment -- duties
Status: in_force

76-2-220 . Zoning commission -- appointment -- duties. (1) For the purpose of providing an optional method of amending any zoning regulations or zoning classification, the county commissioners may appoint a zoning commission to recommend amendments to the zoning regulations and classifications. Such a zoning commission must be composed of at least five citizen members appointed at large from the zoning district. The county commissioners may adopt bylaws for the zoning commission pertaining to the qualifications of the members and such other matters as the commissioners consider necessary.

(2) If a commission is appointed, it shall hold a public hearing to receive relevant testimony. The hearing, which may be held jointly with the hearing by the county commissioners, must be upon at least 15 days' notice of the time and place of the hearing and must be published in the contracted newspaper provided for in 18-7-411 or a newspaper of general circulation in the county. Recommendations of the zoning commission must be submitted to the county commissioners.
Mont. Code Ann. § 76-6-107 — MT Code / Title 76 / Chapter 6 / Part 1 / Section 76-6-107
76-6-107 Conversion or diversion of open-space land
Status: in_force

76-6-107 . Conversion or diversion of open-space land. (1) Open-space land, the title to or interest or right in which has been acquired under this chapter, may not be converted or diverted from open-space land use unless the conversion or diversion is:

(a) necessary to the public interest;

(b) not in conflict with the program of comprehensive planning for the area; and

(c) permitted by the conditions imposed at the time of the creation of the conservation easement, in the terms of the acquisition agreement, or by the governing body resolution.

(2) Other real property of at least equal fair market value and of as nearly as feasible equivalent usefulness and location for use as open-space land must be substituted within a reasonable period not exceeding 3 years for any real property converted or diverted from open-space land use. Property substituted is subject to the provisions of this chapter.
Mont. Code Ann. § 76-2-207 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-207
76-2-207 Permits authorized
Status: in_force

76-2-207 . Permits authorized. The board of county commissioners may provide for the issuance of location or conformance permits and may collect a fee for each such permit. The proceeds of such fees shall be deposited in the general fund of the county.
Mont. Code Ann. § 76-16-406 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-406
76-16-406 Transfer of grazing preferences
Status: in_force

76-16-406 . Transfer of grazing preferences. (1) Upon application by a permittee, the state district with the approval of the commission may allow a grazing preference based on ownership or control of dependent commensurate or commensurate property to be transferred to other property of sufficient commensurability. However, in any transfer of grazing preference from dependent commensurate or commensurate property controlled but not owned by the applicant, the applicant must have had control and use of the dependent commensurate or commensurate property and the grazing preference appurtenant to the property for 5 consecutive years and must have established and maintained the livestock operation upon which the dependency was established by use or priority immediately prior to the application for transfer.

(2) In addition, the transfer may not interfere with the stability of livestock operations or with proper range management and may not affect adversely the established local economy. A transfer may not be allowed without the written consent of the owner or owners of the dependent commensurate or commensurate property from which the transfer is to be made and the owner or owners of any encumbrances on the property. A transfer is not effective until approved by the commission.

(3) All expenses involved under the application must be borne by the applicant.
Mont. Code Ann. § 76-9-202 — MT Code / Title 76 / Chapter 9 / Part 2 / Section 76-9-202
76-9-202 State shooting facilities and improvements development and oversight task force -- membership -- duties -- reporting
Status: in_force

76-9-202 . (Temporary) State shooting facilities and improvements development and oversight task force -- membership -- duties -- reporting. (1) There is a state shooting facilities and improvements development and oversight task force, which is composed of the following members:

(a) the governor or the governor's designee;

(b) a member of the board of state parks and recreation or the board member's designee;

(c) the director of the department of commerce or the director's designee;

(d) two members representing firearm, archery, or firearm accessory manufacturing companies in the state, appointed by the governor;

(e) one member of the public representing a shooting sports organization that has representation in the state, appointed by the governor;

(f) one member of the public representing a hunting or wildlife conservation organization that is headquartered in the state or that has an active chapter in the state, appointed by the governor;

(g) two members of the house of representatives, appointed by the speaker of the house. The speaker of the house shall designate a co-chairperson of the task force.

(h) two members of the senate, appointed by the president of the senate. The president of the senate shall designate a co-chairperson of the task force.

(2) The task force shall:

(a) develop a framework for the selection of a location for Montana state shooting facilities and improvements;

(b) review all shooting facilities in the region and develop preliminary specifications, plans, and features for Montana state shooting facilities and improvements;

(c) develop a request for proposals so that local governments, private sector entities, or a combination of both may submit proposals to be considered for the location of Montana state shooting facilities and improvements; and

(d) make recommendations for the development, location, and administrative structure of Montana state shooting facilities and improvements to the governor, the joint appropriations subcommittee on natural resources and transportation, and the joint fish, wildlife, and parks committee.

(3) A vacancy in the task force must be filled in the same manner as members are appointed under subsection (1).

(4) By June 30, 2027, the task force shall report to the governor and the economic affairs interim committee.

(5) The task force is allocated to the department of fish, wildlife, and parks for administrative purposes only as provided in 2-15-121 .

(6) (a) Except as provided in subsection (6)(b) and unless otherwise provided by law, each member is entitled to be paid $100 for each day in which the member is engaged in the performance of duties under this section and is also entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503 , incurred while performing task force duties.

(b) Members who are full-time, salaried officers or employees of this state or of a political subdivision of this state are not entitled to be compensated for their service as members except when they perform their task force duties outside of their regular working hours or during hours charged against their leave time, but those members are entitled to be reimbursed for travel expenses as provided for in 2-18-501 through 2-18-503 . (Terminates June 30, 2027--sec. 5, Ch. 750, L. 2025.)
Mont. Code Ann. § 76-2-301 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-301
76-2-301 Municipal zoning authorized
Status: in_force

76-2-301 . Municipal zoning authorized. For the purpose of promoting health, safety, morals, or the general welfare of the community, the city or town council or other legislative body of cities and incorporated towns is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.
Mont. Code Ann. § 76-3-308 — MT Code / Title 76 / Chapter 3 / Part 3 / Section 76-3-308
76-3-308 Transfer of title of open spaces in recorded final plat
Status: in_force

76-3-308 . Transfer of title of open spaces in recorded final plat. (1) After a final subdivision plat has been filed for record with the county clerk and recorder, a homeowners' association may file a petition with the governing body to transfer title to the homeowners' association of any open spaces, parks, or similar common-use areas set aside in the final plat if the following conditions are met:

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

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

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

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

(2) The petition under subsection (1) must be signed by an authorized representative of the homeowners' association.

(3) After a public hearing on the petition, the governing body shall issue written findings of fact and a decision based on the record. If the requirements of subsection (1) have been met, the governing body shall approve the transfer. If the governing body approves the transfer, the approval must be recorded with the clerk and recorder.
Mont. Code Ann. § 76-16-311 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-311
76-16-311 Control of trespassing livestock
Status: in_force

76-16-311 . Control of trespassing livestock. (1) The state district or its duly authorized agent controlling the land upon which wrongful entry is made by trespassing livestock may take the livestock into its possession and shall reasonably care for the livestock while in its possession and may retain possession of the livestock and have a lien and claim on the livestock as security for payment of damages and reasonable charges for the care of livestock while in its possession.

(2) The state district taking possession of trespassing livestock shall, within 72 hours after taking possession, notify the owner, owners, or person in charge of the livestock by a notice in writing describing the livestock by number of animals and brands on the livestock, if any, the amount of damages claimed to date, and the charge per animal unit per day for caring for and feeding the livestock thereafter. Charges may not exceed $2 per animal unit per day. The notice must generally describe the location where the livestock is held and require the owner or owners, within 10 days after receiving the notice, to take the livestock away after making full payment of all damages and costs.

(3) In case the parties do not agree as to the amount of damages, the state district taking possession of the livestock may at the expense of the owner retain a sufficient number of livestock to cover the amount of damages claimed by the state district. However, the owner may, upon furnishing a sufficient bond, conditioned for the payment to the state district of all sums, including costs that may be recovered by the state district in a civil action to foreclose its lien, have returned to the owner all livestock held. The state district is liable to the owner for any loss or injury to the livestock accruing through the state district's lack of reasonable care.

(4) If the state district taking possession of the livestock fails to recover in a civil action a sum equal to that offered to the state district by the owner of the livestock, the state district shall bear the expense of keeping and feeding the livestock while in its possession. Notice may be given by personal service on the owner, owners, or person in charge of the livestock by sending notice by prepaid registered or certified mail, addressed to that person's last-known place of residence. Service by registered or certified mail is considered complete upon the deposit of the notice in the post office.
Mont. Code Ann. § 76-21-101 — MT Code / Title 76 / Chapter 21 / Part 1 / Section 76-21-101
76-21-101 Terminated
Status: in_force

76-21-101 . Terminated. Sec. 14, Ch. 652, L. 1983.
Mont. Code Ann. § 76-6-209 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-209
76-6-209 Easements to run with the land
Status: in_force

76-6-209 . Easements to run with the land. The provisions of 70-17-202 and 70-17-203 (1) and (2) notwithstanding, for the purposes of this chapter, all conservation easements, whether held by public bodies or qualifying private organizations, shall be considered to run with the land, whether or not such fact is stipulated in the instrument of conveyance or ownership.
Mont. Code Ann. § 76-15-607 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-607
76-15-607 Notice of creation of project area
Status: in_force

76-15-607 . Notice of creation of project area. If the majority of the votes cast at the election are in favor of creating a project area, the board or boards of supervisors shall create the project area and shall file with the county clerk and recorder in each county in which there lies a portion of the project area a notice of creation of the project area setting forth the purposes of the area and the boundaries thereof.
Mont. Code Ann. § 76-21-201 — MT Code / Title 76 / Chapter 21 / Part 2 / Section 76-21-201
76-21-201 Terminated
Status: in_force

76-21-201 . Terminated. Sec. 14, Ch. 652, L. 1983.
Mont. Code Ann. § 76-5-203 — MT Code / Title 76 / Chapter 5 / Part 2 / Section 76-5-203
76-5-203 Alteration of flood plains or floodways
Status: in_force

76-5-203 . Alteration of flood plains or floodways. The department may alter the flood plains or floodways at any later time, by order after a public hearing, if a reevaluation of the then available flood data warrants it.
Mont. Code Ann. § 76-2-326 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-326
76-2-326 Appeals to board of adjustment
Status: in_force

76-2-326 . Appeals to board of adjustment. (1) Appeals to the board of adjustment may be taken by a person aggrieved or by an officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. An 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, in a timely manner, transmit to the board 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, any party may appear in person or by the party's attorney.
Mont. Code Ann. § 76-1-505 — MT Code / Title 76 / Chapter 1 / Part 5 / Section 76-1-505
76-1-505 Extension of boundaries of city-county planning board jurisdictional area
Status: in_force

76-1-505 . Extension of boundaries of city-county planning board jurisdictional area. (1) The boundaries of the jurisdictional area can be extended further than 4 1/2 miles from the limits of the cities only upon petition signed by 5% or more of the resident freeholders living in excess of 4 1/2 miles and not more than 12 miles from the limits of the cities and within the area desiring to be included within said jurisdictional limits and upon presentation of said petition to the board of county commissioners.

(2) Thereafter, the board of county commissioners must by resolution set the proposed boundaries of said area and give notice of their intent to add said area to the jurisdictional limits theretofore created and of receipt of said petition by publication of notice of time and place of hearing on said petition and resolution. Said notice is to be published in a newspaper published in the county not less than 10 or more than 20 days prior to the date of said hearing. Thereafter, the boundaries of said area can only be set upon good cause being shown for the establishment of said extended jurisdictional area and the boundaries thereof, provided that such resolution shall not be adopted by the board of county commissioners if disapproved in writing by a majority of the freeholders of the territory proposed to be embraced. The jurisdictional area shall not extend more than 12 miles beyond the limits of any city within the jurisdictional area.
Mont. Code Ann. § 76-13-305 — MT Code / Title 76 / Chapter 13 / Part 3 / Section 76-13-305
76-13-305 Termination of zone of infestation
Status: in_force

76-13-305 . Termination of zone of infestation. When the department determines that forest insect or disease control work within the designated zone of infestation is no longer necessary or feasible, it shall abolish the zone.
Mont. Code Ann. § 76-15-527 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-527
76-15-527 Purpose of expenditures
Status: in_force

76-15-527 . Purpose of expenditures. All money collected under 76-15-511 through 76-15-516 , 76-15-518 through 76-15-526 , 76-15-531 , and 76-15-532 must be expended for the purposes provided in Title 76, chapter 15.
Mont. Code Ann. § 76-15-211 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-211
76-15-211 Appointment of supervisors
Status: in_force

76-15-211 . Appointment of supervisors. If the department determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two supervisors to act with the three supervisors first elected, as provided in this part, as the initial governing body of the district.
Mont. Code Ann. § 76-1-404 — MT Code / Title 76 / Chapter 1 / Part 4 / Section 76-1-404
76-1-404 Tax levy by county for city-county planning board authorized
Status: in_force

76-1-404 . Tax levy by county for city-county planning board authorized. When a city-county planning board has been established, the board of county commissioners may create a planning district that must include the property within the jurisdictional areas as established pursuant to 76-1-504 through 76-1-507 that lies outside the limits of any incorporated cities and towns. Subject to 15-10-420 , the board of county commissioners may levy on the taxable value of all taxable property located within the planning district a tax for planning board purposes, under procedures set forth in Title 7, chapter 6, part 40.
Mont. Code Ann. § 76-15-807 — MT Code / Title 76 / Chapter 15 / Part 8 / Section 76-15-807
76-15-807 Decision in case of petition for discontinuance of portion of district
Status: in_force

76-15-807 . Decision in case of petition for discontinuance of portion of district. (1) In the case of petitions for discontinuance of part of a district, the department shall publish the result of the referendum and shall consider and determine whether the continued operation of a part of the district within the defined boundaries is administratively practicable and feasible.

(2) If the department determines that the continued operation of the district is not administratively practicable and feasible with a part of the district discontinued, it shall record that determination and deny the petition.

(3) If the department determines that the continued operation of the district is administratively practicable and feasible with a part of the district discontinued, it shall record that determination and shall certify the determination to the supervisors of the district.
Mont. Code Ann. § 76-5-209 — MT Code / Title 76 / Chapter 5 / Part 2 / Section 76-5-209
76-5-209 Appeal from order
Status: in_force

76-5-209 . Appeal from order. (1) A person aggrieved by any order of the department issued under parts 1 through 4 of this chapter may appeal from the order to a court of competent jurisdiction within 30 days after the order's effective date. Service of notice of the appeal must be made upon the department.

(2) If an appeal is taken, enforcement of the order is stayed pending the outcome of the appeal.
Mont. Code Ann. § 76-2-327 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-327
76-2-327 Appeals from board to court of record
Status: in_force

76-2-327 . Appeals from board to court of record. (1) Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department, board, or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the court within 30 days after the filing of the decision in the office of the board.

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

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

(4) The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
Mont. Code Ann. § 76-4-110 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-110
76-4-110 Additional remedies available
Status: in_force

76-4-110 . Additional remedies available. This part does not abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor does any provision of this part or any act done by virtue of it estop the state, any municipality or other subdivision of the state, or any person in the exercise of the person's rights in equity or under the common law or statutory law.
Mont. Code Ann. § 76-4-1002 — MT Code / Title 76 / Chapter 4 / Part 10 / Section 76-4-1002
76-4-1002 Collection of penalties, fees, late fees, and interest
Status: in_force

76-4-1002 . Collection of penalties, fees, late fees, and interest. (1) If the department of environmental quality is unable to collect penalties, fees, late fees, or interest assessed pursuant to the provisions of Title 75 or Title 76, chapter 4, the department of environmental quality may assign the debt to a collection service or transfer the debt to the department of revenue pursuant to Title 17, chapter 4, part 1.

(2) (a) The reasonable collection costs of a collection service, if approved by the department of environmental quality, or assistance costs charged the department of environmental quality by the department of revenue pursuant to 17-4-103 (3) may be added to the debt for which collection is being sought.

(b) (i) All money collected by the department of revenue is subject to the provisions of 17-4-106 .

(ii) All money collected by a collection service must be paid to the department of environmental quality and deposited in the general fund or the accounts specified in statute for the assessed penalties, fees, late fees, or interest, except that the collection service may retain those collection costs or, if the total debt is not collected, that portion of collection costs that are approved by the department.
Mont. Code Ann. § 76-14-106 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-106
76-14-106 Duties of rangeland resources committee
Status: in_force

76-14-106 . Duties of rangeland resources committee. (1) The committee shall:

(a) review and recommend annual and long-range work programs;

(b) suggest priorities of work;

(c) provide advice and counsel to the coordinator for carrying out the rangeland resource program.

(2) The committee may consult with state and federal agencies and units of the university system as it considers appropriate in performing its duties.
Mont. Code Ann. § 76-15-810 — MT Code / Title 76 / Chapter 15 / Part 8 / Section 76-15-810
76-15-810 Effect of termination
Status: in_force

76-15-810 . Effect of termination. (1) Upon issuance of a certificate of dissolution under 76-15-809 , all ordinances and regulations theretofore adopted and in force within the district or in that part of the district are void.

(2) All contracts previously entered into, to which the district or supervisors are parties, remain in effect for the period provided in those contracts. The department shall be substituted for the district or supervisors as party to the contracts if the total district is discontinued. In this case the department is entitled to all benefits and subject to all liabilities under the contracts and has the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate the contracts by mutual consent or otherwise as the supervisors of the district would have had.

(3) The dissolution does not affect the lien of any judgment entered under 76-15-708 through 76-15-710 or the pendency of an action instituted under those sections, and the department succeeds to all rights and obligations of the district or supervisors as to those liens and actions.