Mont. Code Ann. § 76-2-118 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-118
76-2-118 Termination of zoning district
Status: in_force

76-2-118 . Termination of zoning district. (1) (a) Real property owners in a zoning district may petition the board of county commissioners to submit a referendum to the registered electors residing in the zoning district to terminate the zoning district. The petition must be in writing and contain the signatures and addresses of 20% or more of the real property owners in the zoning district. The petition requesting a referendum for the termination of a zoning district must be delivered to the county clerk and recorder, who shall endorse on it the date when the petition was received and validate the signatures within 60 days of receipt of the petition. If the petition contains valid signatures of at least 20% of the real property owners within the zoning district, the county clerk and recorder shall notify the county commissioners.

(b) On receipt of a valid petition described in subsection (1)(a), the county commissioners shall submit the referendum to the registered electors residing in the district in an election conducted pursuant to Title 13, chapter 1, part 4 or 5.

(c) If the referendum described in subsection (1)(a) and conducted under subsection (1)(b) is not successful, the real property owners in the zoning district may not bring forth a subsequent referendum petition for 3 years from the date that the original referendum was submitted to the registered electors pursuant to subsection (1)(b).

(2) The board of county commissioners may, after providing notice as required in 76-2-106 (1) and holding a public hearing, pass a resolution to terminate a zoning district if the county:

(a) has decided to comply with the provisions of the Montana Land Use Planning Act under Title 76, chapter 25, using the process specified in 76-25-105 ; or

(b) has established a larger zoning district pursuant to Title 76, chapter 2, part 2, that encompasses the land within the zoning district to be terminated.
Mont. Code Ann. § 76-25-304 — MT Code / Title 76 / Chapter 25 / Part 3 / Section 76-25-304
76-25-304 Adoption and amendment of zoning regulations
Status: in_force

76-25-304 . Adoption and amendment of zoning regulations. (1) (a) The governing body shall adopt or amend a zoning regulation or map only after consideration by and on the recommendation of the planning commission.

(b) An amendment to an adopted zoning regulation or map 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 a zoning regulation or map, 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 zoning regulation, map, or amendment. All public comment must be part of the administrative record transmitted to the governing body.

(c) make a preliminary determination as to whether the zoning regulation and map as proposed or as amended would be in substantial compliance with the land use plan, including whether the zoning regulation or map:

(i) accommodates the projected needed housing types identified in 76-25-206 ;

(ii) contains five or more specific strategies from 76-25-302 to encourage the development of housing within the jurisdiction;

(iii) reflects allowable uses and densities in areas that may be adequately served by public safety, emergency, utility, transportation, education, and any other local facilities or services identified by the local government in 76-25-207 ;

(iv) allows sufficient area for existing, new, or expanding commercial, industrial, and institutional enterprises the local government has identified in 76-25-208 for targeted economic growth in the jurisdiction;

(v) protects and maximizes the potential use of natural resources within the area, as identified in 76-25-209 ;

(vi) minimizes or avoids impacts to the natural environment within the area, as identified in 76-25-209 ; and

(vii) avoids or minimizes dangers associated with natural hazards in the jurisdiction, as identified in 76-25-209 ; and

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

(3) If the planning commission finds new or increased impacts from the proposed regulation, map, or amendment, as provided in 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 to comment on and consider all potential impacts resulting from adoption of the zoning regulation, map, or amendment.

(4) After meeting the requirements of subsections (2) and (3), the planning commission shall make a final recommendation to the governing body to approve, modify, or reject the proposed zoning regulation, map, or amendment.

(5) (a) The governing body shall consider each zoning regulation, map, or amendment 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 the governing body considers appropriate, or reject the zoning regulation, map, or amendment as proposed by the planning commission.

(c) The governing body may not condition an amendment to a zoning regulation or map.

(d) The governing body may not adopt or amend a zoning regulation or map unless the governing body finds that:

(i) the regulation, map, or amendment is in substantial compliance with the land use plan; and

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

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

(a) all permitting in substantial compliance with the zoning regulation, map, or amendment is in substantial compliance with the land use plan; and

(b) the public has been provided a meaningful opportunity to participate.
Mont. Code Ann. § 76-2-303 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-303
76-2-303 Procedure to administer certain annexations and zoning laws -- hearing and notice
Status: repealed

76-2-303 . Procedure to administer certain annexations and zoning laws -- hearing and notice. (1) (a) A regulation, restriction, or boundary may be determined, established, enforced, amended, supplemented, changed, modified, or repealed in conformance with this section.

(b) The city or town council or other legislative body of a municipality shall provide for the manner in which regulations and restrictions and the boundaries of districts are determined, established, enforced, amended, supplemented, changed, modified, or repealed subject to the requirements of subsection (2).

(2) (a) The determination, establishment, enforcement, amendment, supplement, change, modification, or repeal of a regulation, restriction, or boundary may not become effective until after a public hearing in relation to the regulation, restriction, or boundary at which parties in interest and citizens have an opportunity to be heard has been held. Notice of the time and place of the hearing must be published as provided in 7-1-4127 for a time period in accordance with 7-1-4127 (7)(b).

(b) If a zone map boundary only is proposed to be amended, supplemented, changed, modified, or repealed, the city or town council or other legislative body of the municipality shall adopt the boundary change by resolution. The adoption of the boundary change by resolution is effective immediately.

(3) (a) For municipal annexations, a municipality may conduct a hearing on the annexation in conjunction with a hearing on the zoning of the proposed annexation if the proposed municipal zoning regulations for the annexed property:

(i) authorize land uses comparable to the land uses authorized by county zoning;

(ii) authorize land uses that are consistent with land uses approved by the board of county commissioners or the board of adjustment pursuant to Title 76, chapter 2, part 1 or 2; or

(iii) are consistent with zoning requirements recommended in a growth policy adopted pursuant to Title 76, chapter 1, for the annexed property.

(b) A joint hearing authorized under this subsection (3) fulfills a municipality's obligation regarding zoning notice and public hearing for a proposed annexation.
Mont. Code Ann. § 76-3-623 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-623
76-3-623 Expedited review for certain subdivisions
Status: in_force

76-3-623 . Expedited review for certain subdivisions. (1) Except as provided in subsection (9), a subdivision application, regardless of the number of lots, that meets the requirements provided in subsection (3) is entitled to the expedited review process provided in this section at the applicant's request.

(2) A subdivision application that meets the requirements provided in subsection (3) is exempt from:

(a) the preparation of an environmental assessment as required in 76-3-603 ; and

(b) the review criteria listed in 76-3-608 (3)(a).

(3) A subdivision qualifies for the expedited review process provided in this section if the proposed subdivision:

(a) is within:

(i) an incorporated city or town or consolidated city-county government and is subject to an adopted growth policy pursuant to Title 76, chapter 1, and adopted zoning regulations pursuant to Title 76, chapter 2, part 3; or

(ii) a county water and/or sewer district created under 7-13-2203 that provides both water and sewer services or an area outside the boundaries of an incorporated city, town, county, or consolidated city-county that is served by city, town, county, or consolidated city-county water and sewer services and is subject to an adopted growth policy as provided in Title 76, chapter 1, and zoning regulations pursuant to Title 76, chapter 2, part 2, that, at a minimum, address development intensity through minimum lot sizes or densities, bulk and dimensional requirements, and use standards;

(b) complies with zoning regulations adopted pursuant to 76-2-203 or 76-2-304 and complies with the design standards and other subdivision regulations adopted pursuant to 76-3-504 ; and

(c) includes in its proposal plans for the onsite development of or extension to public infrastructure in accordance with adopted ordinances and regulations.

(4) On submission for expedited review under this section, the subdivision application must be reviewed for required elements and sufficiency of information as provided in 76-3-601 (1) through (3) to determine whether the application complies with zoning regulations adopted pursuant to 76-2-203 or 76-2-304 and complies with the design standards and other subdivision regulations adopted pursuant to 76-3-504 and includes in its proposal plans for the onsite development of or extension to public infrastructure in accordance with adopted ordinances and regulations. The application may include a request for variance or deviation from subdivision regulations adopted pursuant to 76-3-504 and in accordance with the provisions of 76-3-506 .

(5) The governing body shall:

(a) hold a hearing and approve, conditionally approve, or deny the subdivision application within 35 working days of a determination by the reviewing agent or agency that the application contains required elements and sufficient information for review as provided in subsection (3). If the subdivision application includes a request for variance or deviation from subdivision regulations adopted pursuant to 76-3-504 , the time for holding a hearing as required in this subsection (5) must be extended to a total of 45 working days.

(b) provide notice for the hearing required in subsection (5)(a) by publication as provided in 7-1-2121 if the governing body is a county commission or as provided in 7-1-4127 for a time period in accordance with 7-1-4127 (7)(b) if the governing body is a city commission or a town council;

(c) approve the application unless public comment or other information demonstrates the application does not comply with:

(i) adopted zoning regulations, design standards, and other requirements of subdivision regulations adopted pursuant to 76-3-504 , including any criteria for granting variances or deviations from subdivision regulations adopted pursuant to 76-3-504 ; or

(ii) adopted ordinances or regulations for the onsite development of or extension to public infrastructure; and

(d) provide to the applicant and the public a written statement within 30 days of the decision to approve or deny a proposed subdivision for expedited review as allowed in this section that provides:

(i) the facts and conclusions that the governing body relied on in making its decision to approve or deny the application; and

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

(6) The governing body may:

(a) with the agreement of the applicant, grant one extension of the review period allowed in subsection (5)(a) not to exceed 180 calendar days;

(b) adopt conditions of approval only to ensure an approved subdivision application is completed in accordance with the approved application and any applicable requirements pursuant to Title 76, chapter 4; or

(c) delegate to its reviewing agent or agency the requirement to hold a public hearing on the subdivision application as required in this section.

(7) A local governing body may not adopt zoning regulations pursuant to 76-2-203 or 76-2-304 , subdivision regulations pursuant to 76-3-504 , or other ordinances or regulations that restrict the use of the expedited subdivision review process as provided in this section.

(8) (a) Except as modified in this section, subdivision applications meeting the requirements for an expedited review remain subject to the provisions of 76-3-608 (3)(b) through (3)(d) and 76-3-608 (6) through (10), 76-3-610 through 76-3-614 , 76-3-621 , and 76-3-625 .

(b) The provisions of this section supersede any provision of this chapter that is in conflict with any provision of this section.

(9) A subdivision located outside of the boundaries of an incorporated city or town may not utilize the expedited review process provided in this section unless the board of county commissioners of the county where the subdivision is located has voted to allow the provisions of this section to apply to subdivisions located outside the boundaries of an incorporated city or town.

(10) An incorporated city, town, or consolidated city-county shall implement the expedited review provided for in this section for a proposed subdivision that meets the criteria in subsection (3)(a)(i) regardless of whether the city, town, or consolidated city-county has incorporated the provisions of this section into the city, town, or consolidated city-county's local subdivision regulations.
Mont. Code Ann. § 76-15-705 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-705
76-15-705 Alteration of regulations
Status: repealed

76-15-705 . Alteration of regulations. (1) Any qualified elector within such district may at any time file a petition with the supervisors asking that any or all of the land use regulations prescribed in any ordinance adopted by the supervisors under the provisions of 76-15-701 through 76-15-707 be amended, supplemented, or repealed.

(2) Land use regulations prescribed in any ordinance adopted pursuant to the provisions of 76-15-701 through 76-15-707 shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in 76-15-701 through 76-15-707 for adoption of land use regulations.

(3) Referenda on adoption, amendment, supplementation, or repeal of land use regulations shall not be held more often than once in 6 months.
Mont. Code Ann. § 76-21-302 — MT Code / Title 76 / Chapter 21 / Part 3 / Section 76-21-302
76-21-302 Terminated
Status: in_force

76-21-302 . Terminated. Sec. 14, Ch. 652, L. 1983.
Mont. Code Ann. § 76-1-606 — MT Code / Title 76 / Chapter 1 / Part 6 / Section 76-1-606
76-1-606 Effect of growth policy on subdivision regulations
Status: in_force

76-1-606 . Effect of growth policy on subdivision regulations. When a growth policy has been approved, the subdivision regulations adopted pursuant to chapter 3 of this title must be made in accordance with the growth policy.
Mont. Code Ann. § 76-8-108 — MT Code / Title 76 / Chapter 8 / Part 1 / Section 76-8-108
76-8-108 Additional review criteria -- four or more buildings for lease or rent
Status: in_force

76-8-108 . Additional review criteria -- four or more buildings for lease or rent. (1) (a) Upon a majority vote, a governing body may increase the minimum number of buildings created for lease or rent that are subject to review by the governing body pursuant to 76-8-107 . The governing body may elect to increase the minimum number subject to review by the governing body for all buildings created for lease or rent or may limit the increase to specific types or uses of buildings created for lease or rent.

(b) For purposes of subsection (1)(a), the governing body shall adopt regulations pursuant to 76-8-107 identifying the number or types of buildings created for lease or rent that are subject to review by the governing body.

(2) Upon a supermajority vote, the governing body may adopt regulations pursuant to 76-8-107 for the purpose of reviewing four or more buildings for lease or rent that are in addition to the regulations provided in 76-8-107 . For purposes of this subsection, a governing body may adopt any regulations it considers necessary to protect public health, safety, or the general welfare.
Mont. Code Ann. § 76-5-1111 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1111
76-5-1111 Apportionment of costs
Status: in_force

76-5-1111 . Apportionment of costs. (1) The cost of all right-of-way acquired by purchase or condemnation pursuant to Title 70, chapter 30, together with any other property rights that may be required in furtherance of projects under this part, may be borne by the city, town, or county.

(2) The work of actual construction and the cost of construction may be borne by the federal government.
Mont. Code Ann. § 76-15-612 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-612
76-15-612 Duty to maintain improvements
Status: in_force

76-15-612 . Duty to maintain improvements. Whenever any project petitioned for or created by the state or federal government has been made, built, constructed, erected, or accomplished as provided in this part, it is hereby made the duty of the board or boards of supervisors under whose jurisdiction the project area was created to adequately and suitably maintain and preserve said improvements and fully to keep the same in proper repair and operation by contract or otherwise in the way or manner as the board shall deem suitable and proper.
Mont. Code Ann. § 76-3-616 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-616
76-3-616 Exemption for certain subdivisions
Status: in_force

76-3-616 . Exemption for certain subdivisions. (1) A subdivision that meets the criteria in subsection (2) is exempt from the following requirements:

(a) preparation of an environmental assessment as required by 76-3-603 ;

(b) a public hearing on the subdivision application pursuant to 76-3-605 ; and

(c) review of the subdivision for the criteria listed in 76-3-608 (3)(a).

(2) To qualify for the exemptions in subsection (1), a subdivision must meet the following criteria:

(a) the proposed subdivision is entirely within an area inside or adjacent to an incorporated city or town where the governing body has adopted a growth policy that includes the provisions of 76-1-601 (4)(c);

(b) the proposed subdivision is entirely within an area subject to zoning adopted pursuant to 76-2-203 or 76-2-304 that avoids, significantly reduces, or mitigates adverse impacts identified in a growth policy that includes the provisions of 76-1-601 (4)(c); and

(c) the subdivision proposal includes a description of future public facilities and services, using maps and text, that are necessary to efficiently serve the projected development.
Mont. Code Ann. § 76-7-106 — MT Code / Title 76 / Chapter 7 / Part 1 / Section 76-7-106
76-7-106 Conveyance or lease of environmental control sites
Status: in_force

76-7-106 . Conveyance or lease of environmental control sites. (1) A grantee of an environmental control easement acquired under this chapter may not convey or assign any of the easement rights that the grantee has acquired except to a federal public entity, a public body, or a qualified private organization authorized to hold environmental control easements under 76-7-204 .

(2) A grantee of a conveyance pursuant to subsection (1) shall assume the responsibility for enforcing the environmental control easement as specified in the easement instrument and in 76-7-211 .
Mont. Code Ann. § 76-1-101 — MT Code / Title 76 / Chapter 1 / Part 1 / Section 76-1-101
76-1-101 Planning boards authorized
Status: in_force

76-1-101 . Planning boards authorized. The governing body of any city or town, the governing bodies of more than one city or town, or the governing body of any county or any combination thereof may create a planning board in order to promote the orderly development of its governmental units and its environs.
Mont. Code Ann. § 76-4-114 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-114
76-4-114 Review of application
Status: in_force

76-4-114 . Review of application. Except as provided in 76-4-125 , the applicant shall submit an application for review of a subdivision pursuant to the following procedure:

(1) An applicant may request a preapplication meeting with the reviewing authority prior to submitting an application. The reviewing authority shall schedule the requested meeting between the applicant and the reviewing authority within 30 days of receiving the request from the applicant. The meeting may be conducted in person, via telephone, or via teleconference. For informational purposes only, the reviewing agent shall identify the state laws and rules that may apply to the subdivision review process.

(2) If the proposed development includes onsite sewage disposal facilities, the applicant shall notify the designated agent of the local board of health prior to presenting the subdivision application to the reviewing authority. The agent may conduct a preliminary site assessment to determine whether the site meets applicable state and local requirements.

(3) (a) After submitting an application if required under the Montana Subdivision and Platting Act, the applicant shall submit an application to the reviewing authority. A subdivision application is considered to be received on the date of delivery to the reviewing authority when accompanied by the review fee established pursuant to 76-4-105 .

(b) Within 15 days of the receipt of an application, the reviewing authority or independent reviewer shall determine whether the application contains the elements required by 76-4-115 (1) to allow for review and shall notify the applicant of the determination. If the reviewing authority or independent reviewer determines that elements are missing from the application, the reviewing agent or agency shall identify those elements in the notification. The applicant shall address the missing elements identified by the reviewing authority or independent reviewer. A determination that an application contains the required elements for review as provided in this subsection (3)(b) does not ensure that the proposed subdivision will be approved and does not limit the ability of the reviewing authority or independent reviewer to request additional information during the review process.

(c) (i) After the reviewing authority or independent reviewer notifies the applicant that the application contains all of the required elements as provided by subsection (3)(b), the reviewing authority or independent reviewer shall make a final decision or a recommendation on the application. Except as provided by subsection (4), the reviewing authority or independent reviewer shall:

(A) make a final decision within 40 days of finding that the application contains all of the required elements if the reviewing authority is the department; or

(B) make a recommendation for approval to the department or deny the application within 30 days of finding that the application contains all of the required elements if the reviewing authority is a local department, local board of health, or independent reviewer. If the department receives a recommendation for approval of the subdivision from a local department, local board of health, or independent reviewer, the department shall make a final decision on the application within 10 days of receiving the recommendation.

(ii) If the department approves the application, the department shall issue a certificate of subdivision approval indicating that it has approved the plans and specifications and that the subdivision is not subject to a sanitary restriction.

(iii) If the reviewing authority or independent reviewer denies the application, the reviewing authority or independent reviewer shall identify the deficiencies that result in the denial in a notification to the applicant. The reviewing authority may identify other apparent deficiencies in additional information submitted after the initial application.

(d) (i) If the reviewing authority or independent reviewer denies an application and the applicant resubmits a corrected application within 30 days after the date of the denial letter, the reviewing authority or independent reviewer shall complete review of the resubmitted application within 30 days after receipt of the resubmitted application.

(ii) If the reviewing authority or independent reviewer denies an application and the applicant resubmits a corrected application after 30 days after the date of the denial letter, the reviewing authority or independent reviewer shall complete review of the resubmitted application within:

(A) 55 days after receipt of the resubmitted application if the reviewing authority is the department; or

(B) 45 days after receipt of the resubmitted application if the reviewing authority is a local department, local board of health, or independent reviewer.

(iii) If the review of the resubmitted application is conducted by a local department, local board of health, or independent reviewer and the reviewing authority or independent reviewer makes a recommendation to the department for approval of the application, the department shall make a final decision on the application within 10 days after the local reviewing authority or independent reviewer completes its review under subsection (3)(d)(i) or (3)(d)(ii).

(4) Except as provided in subsections (6) and (7), if the reviewing authority or independent reviewer needs an extension of a deadline in this section to complete its review or if an applicant requests an extension of a deadline, then the reviewing authority or independent reviewer shall notify the applicant of the extension prior to the end of the review deadline. An extension under this subsection may not exceed 30 days.

(5) The reviewing authority or independent reviewer may extend a deadline in this section until the items required in 76-4-115 (2) are submitted. The reviewing authority or independent reviewer shall notify the applicant of the extension before the end of the review deadline. The reviewing authority or independent reviewer shall make a final decision within 30 days of receipt of the items required in 76-4-115 (2).

(6) The department may extend a deadline under subsections (3)(c) and (3)(d) by 90 days if an environmental assessment is required.

(7) The department may extend a deadline under subsections (3)(c) and (3)(d) by 120 days if an environmental impact statement is required.

(8) An application is considered an overdue application if the department has not provided a response or met the statutory timelines provided in this section.

(9) If a municipal system has been delegated review authority under 75-6-112 , the department is not required to review water or sewer facilities that have already been approved by the municipality.
Mont. Code Ann. § 76-15-606 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-606
76-15-606 Election procedure
Status: in_force

76-15-606 . Election procedure. (1) The question must be submitted to the electors by ballot on which the words "For creation of proposed project area" and "Against creation of proposed project area" must appear, with a square before each proposition and directions 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 project area.

(2) A person is not entitled to vote at the election unless the person possesses all the qualifications required of electors under Title 13 and resides within the boundaries of the proposed project area and the county in which the person proposes to vote.
Mont. Code Ann. § 76-3-404 — MT Code / Title 76 / Chapter 3 / Part 4 / Section 76-3-404
76-3-404 Certificate of survey
Status: in_force

76-3-404 . Certificate of survey. (1) Except as provided in 70-22-105 , within 180 days of the completion of a survey, the registered land surveyor responsible for the survey, whether the surveyor is privately or publicly employed, shall prepare and submit for filing a certificate of survey in the county in which the survey was made if the survey:

(a) provides material evidence not appearing on any map filed with the county clerk and recorder or contained in the records of the United States bureau of land management;

(b) reveals a material discrepancy in the map;

(c) discloses evidence to suggest alternate locations of lines or points; or

(d) establishes one or more lines not shown on a recorded map, the positions of which are not ascertainable from an inspection of the map without trigonometric calculations.

(2) A certificate of survey is not required for any survey that is made by the United States bureau of land management, that is preliminary, or that will become part of a subdivision plat being prepared for recording under the provisions of this chapter.

(3) Certificates of survey must be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record and must conform to monumentation and surveying requirements promulgated under this chapter.
Mont. Code Ann. § 76-7-104 — MT Code / Title 76 / Chapter 7 / Part 1 / Section 76-7-104
76-7-104 Acquisition of interests in environmental control sites
Status: in_force

76-7-104 . Acquisition of interests in environmental control sites. A public body may acquire by grant, title to, interests in, or rights in environmental control sites, including environmental control easements.
Mont. Code Ann. § 76-3-403 — MT Code / Title 76 / Chapter 3 / Part 4 / Section 76-3-403
76-3-403 Monumentation
Status: in_force

76-3-403 . Monumentation. (1) The board of professional engineers and professional land surveyors shall, in conformance with the Montana Administrative Procedure Act, prescribe uniform standards for monumentation and for the form, accuracy, and descriptive content of records of survey.

(2) It is the responsibility of the governing body to require the replacement of all monuments removed in the course of construction.
Mont. Code Ann. § 76-13-802 — MT Code / Title 76 / Chapter 13 / Part 8 / Section 76-13-802
76-13-802 Terminated
Status: in_force

76-13-802 . Terminated. Sec. 7, Ch. 289, L. 2009.
Mont. Code Ann. § 76-25-105 — MT Code / Title 76 / Chapter 25 / Part 1 / Section 76-25-105
76-25-105 Applicability and compliance
Status: in_force

76-25-105 . Applicability and compliance. (1) A municipality with a population at or exceeding 5,000 located within a county with a population at or exceeding 70,000 in the most recent decennial census shall comply with the provisions of this chapter.

(2) (a) Except as provided in subsection (2)(b), any municipality that meets the population thresholds of subsection (1) on May 17, 2023, shall comply with the provisions of this chapter within 3 years of May 17, 2023.

(b) A municipality that has adopted a growth policy within 5 years prior to May 17, 2023, shall comply with the provisions of this chapter within 5 years of the date that the growth policy was adopted or within the deadline established in subsection (2)(a), whichever occurs later.

(c) A municipality that meets the population thresholds of subsection (1) on any decennial census completed after May 17, 2023, shall comply with the provisions of this chapter by December 31 of the third year after the date of the decennial census.

(3) (a) A local government that is not required to comply with the provisions of this chapter may decide to comply with the provisions of this chapter by an affirmative vote of the local governing body. After an affirmative vote, the governing body shall comply with the provisions of this chapter by December 31 of the fifth year after the date of the vote.

(b) A local government that votes pursuant to subsection (3)(a) to comply with the provisions of this chapter may subsequently decide to not comply with the provisions of this chapter by an affirmative vote.

(4) A local government that complies with this chapter is not subject to any provision of Title 76, chapters 1, 2, 3, or 8.
Mont. Code Ann. § 76-16-403 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-403
76-16-403 Procedure if reduction in grazing privileges necessary
Status: in_force

76-16-403 . Procedure if reduction in grazing privileges necessary. (1) If a reduction in grazing privileges becomes necessary, operators with temporary permits will be reduced on a proportionate basis prior to any reduction to any holder of grazing preference.

(2) Reductions of grazing preference for individual members that result from actions beyond the control of the state district or the board of directors of a state district or as a result of actions or of the failure to take appropriate actions by the holder of the grazing preference in question do not require a general reduction in grazing preference, and the state district may not be compelled to require proportionate reductions in grazing preference, by the membership of the state district.
Mont. Code Ann. § 76-25-404 — MT Code / Title 76 / Chapter 25 / Part 4 / Section 76-25-404
76-25-404 Contents of local subdivision regulations
Status: in_force

76-25-404 . Contents of local subdivision regulations. (1) The subdivision regulations adopted under this part are limited to the following requirements:

(a) the date the regulations initially become effective under this chapter and the effective dates and the ordinance numbers for all subsequent amendments;

(b) design standards for all subdivisions in the jurisdiction, which may be incorporated by reference or may be based on the information and analysis contained in the land use plan and zoning regulations, including:

(i) standards for grading and erosion control;

(ii) standards for the design and arrangement of lots, streets, and roads;

(iii) standards for the location and installation of public utilities, including water supply and sewage and solid waste disposal;

(iv) standards for the provision of other public improvements; and

(v) legal and physical access to all lots;

(c) when a subdivision creates parcels with lot sizes averaging less than 5 acres, a requirement that the subdivider:

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

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

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

(d) except as provided in subsection (2), a requirement that the subdivider establish ditch easements that:

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

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

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

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

(e) criteria that the planning administrator must use to determine whether a proposed method of disposition using the exemptions provided in this chapter is an attempt to evade the requirements of this chapter;

(f) a list of the materials that must be included in order for the application to be determined complete;

(g) subject to subsection (4), identification of circumstances or conditions that may necessitate the denial of any or specific types of development, such as unmitigable natural hazards, insufficient water supply, inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds for the supply of the services;

(h) subject to subsection (5), a list of public utilities and agencies of local, state, and federal government that the local government must seek input from during review of an application and for what information or analysis; or

(i) subject to subsection (6), requirements for the dedication of land, cash-in-lieu thereof, or a combination of both for parks and recreation purposes, not to exceed 0.03 acres per dwelling unit.

(2) A land donation under this section may be inside or outside of the subdivision.

(3) The regulations may not require ditch easements if:

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

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

(4) (a) The regulations must prohibit development in circumstances or conditions identified in subsection (1)(g) unless the hazards or impacts may be eliminated or overcome by approved construction techniques or other mitigation measures identified in the subdivision regulations.

(b) Approved construction techniques or other mitigation measures described in subsection (4)(a) may not include building regulations as defined in 50-60-101 other than those identified by the department of labor and industry as provided in 50-60-901 .

(5) If a proposed subdivision is situated within a rural school district, as described in 20-9-615 , the local government shall provide a copy of the application and preliminary plat to the school district.

(6) (a) A park dedication may not be required for:

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

(ii) subdivision into parcels that are all nonresidential;

(iii) a subdivision in which parcels are not created, except when that subdivision provides multiple permanent spaces for recreational camping vehicles, mobile homes, or condominiums; or

(iv) a subdivision in which only one additional parcel is created.

(b) Subject to the approval of the local governing body and acceptance by the school district trustees, a subdivider may dedicate a land donation provided in subsection (6)(a) to a school district to be used for school facilities or buildings.
Mont. Code Ann. § 76-13-202 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-202
76-13-202 Means by which department may provide protection
Status: in_force

76-13-202 . Means by which department may provide protection. The department may provide for wildfire protection of any wildlands through the department or by contract or any other feasible means, in cooperation with any federal, state, or other recognized agency.
Mont. Code Ann. § 76-6-103 — MT Code / Title 76 / Chapter 6 / Part 1 / Section 76-6-103
76-6-103 Purposes
Status: in_force

76-6-103 . Purposes. In accordance with the findings in 76-6-102 , the legislature states that the purposes of this chapter are to:

(1) authorize and enable public bodies and certain qualifying private organizations voluntarily to provide for the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interest;

(2) provide for the preservation of other significant open-space land anywhere in the state either in perpetuity or for a term of years; and

(3) encourage private participation in such a program by establishing the policy to be utilized in determining the property tax to be levied upon the real property which is subject to the provisions of this chapter.
Mont. Code Ann. § 76-5-405 — MT Code / Title 76 / Chapter 5 / Part 4 / Section 76-5-405
76-5-405 Variance for obstruction or nonconforming use
Status: in_force

76-5-405 . Variance for obstruction or nonconforming use. (1) The department or the responsible political subdivision may issue permits for the establishment or alteration of artificial obstructions and nonconforming uses that would otherwise violate 76-5-401 through 76-5-404 . The application for the permit must be submitted to the department or the responsible political subdivision and contain the information that the department requires, including complete maps, plans, profiles, and specifications of the obstruction or use and watercourse or drainway.

(2) Permits for obstructions or uses to be established in the designated flood plain or designated floodway of watercourses must be approved or denied within a reasonable time by the department or the responsible political subdivision. Permits for obstructions or uses in the designated flood plains or designated floodways are conclusively considered to have been granted 60 days after the receipt of the application by the department or the responsible political subdivision or after a time that the department or the responsible political subdivision specifies, unless the department or the responsible political subdivision notifies the applicant that the permit is denied. The responsible political subdivision shall send to the department a copy of each permit granted pursuant to 76-5-406 and this section.

(3) The department or the responsible political subdivision may issue the permit with reasonable conditions. The permitted obstruction or use must be maintained in compliance with the permit.
Mont. Code Ann. § 76-3-514 — MT Code / Title 76 / Chapter 3 / Part 5 / Section 76-3-514
76-3-514 Housing fees and dedication of real property prohibited
Status: in_force

76-3-514 . Housing fees and dedication of real property prohibited. (1) A local governing body may not require, as a condition for approval of a subdivision under this part:

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

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

(2) A dedication of real property as prohibited in subsection (1)(b) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.
Mont. Code Ann. § 76-16-407 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-407
76-16-407 Processing of application for transfer
Status: in_force

76-16-407 . Processing of application for transfer. (1) When an application for transfer is presented to the board of directors of a state district, the secretary of the state district upon the direction of that board shall give notice, setting forth in general the application and the time and place of a hearing on the application as fixed by the board. A copy of the notice must be given or mailed to the applicant and must be published at least once a week for 2 successive weeks prior to the hearing in a newspaper published or generally circulated within the state district. The notice must also be posted for at least 2 full weeks prior to the hearing in three public places within the state district.

(2) The date of the hearing must be at least 15 days from the first publication of the notice. At the hearing the directors shall fully hear and determine the application and any objections to the application.
Mont. Code Ann. § 76-15-604 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-604
76-15-604 Protest procedure
Status: in_force

76-15-604 . Protest procedure. At any time within 15 days after the date of the last publication of the notice of the hearing on the petition, any owner of property liable to be assessed for the project may protest against the proposed project or the creation of the project area, or both. The protest must be in writing and be delivered to the secretary of the conservation district who shall endorse on the protest the date of its receipt by the secretary.
Mont. Code Ann. § 76-15-529 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-529
76-15-529 Assessments unaffected by misnomers and mistakes relating to ownership
Status: in_force

76-15-529 . Assessments unaffected by misnomers and mistakes relating to ownership. When under the provisions of this part and part 6 special taxes and assessments are assessed against any lot or parcel of land as the property of a particular person, no misnomer of the owner or supposed owner or other mistake relating to the ownership thereof shall affect such assessment or render it void or voidable.
Mont. Code Ann. § 76-16-401 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-401
76-16-401 Distribution of grazing preferences
Status: in_force

76-16-401 . Distribution of grazing preferences. When a state district is organized, grazing preferences must be distributed in the following manner:

(1) Any member of a state district owning or controlling dependent commensurate property may be given a grazing preference.

(2) If the carrying capacity of the range exceeds the reasonable needs of the members owning or controlling dependent commensurate property, members owning or controlling commensurate property shall have the grazing preference.

(3) If the carrying capacity of the range exceeds the reasonable needs of the members owning or controlling dependent commensurate property or commensurate property, temporary grazing permits may be issued to nonmembers or members, preferring those that have used the range 5 years immediately preceding the organization of the state district.
Mont. Code Ann. § 76-15-704 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-704
76-15-704 Regulations to have force of law
Status: in_force

76-15-704 . Regulations to have force of law. Land use regulations prescribed in ordinances adopted pursuant to the provisions of 76-15-701 through 76-15-707 by the supervisors of any district shall have the force and effect of law in the district and shall be binding and obligatory upon all occupiers of lands within such district.
Mont. Code Ann. § 76-1-604 — MT Code / Title 76 / Chapter 1 / Part 6 / Section 76-1-604
76-1-604 Adoption, revision, or rejection of growth policy
Status: repealed

76-1-604 . Adoption, revision, or rejection of growth policy. (1) The governing body shall adopt a resolution of intention to adopt, adopt with revisions, or reject the proposed growth policy.

(2) If the governing body adopts a resolution of intention to adopt a growth policy, the governing body may submit to the qualified electors of the area covered by the growth policy proposed by the governing body at the next primary or general election or at a special election the referendum question of whether or not the growth policy should be adopted. A special election must be held in conjunction with a regular or primary election.

(3) A governing body may:

(a) revise an adopted growth policy following the procedures in this chapter for adoption of a proposed growth policy; or

(b) repeal a growth policy by resolution.

(4) The qualified electors of the area covered by the growth policy may by initiative or referendum adopt, revise, or repeal a growth policy under this section. A petition for initiative or referendum must contain the signatures of 15% of the qualified electors of the area covered by the growth policy.

(5) A master plan adopted pursuant to this chapter before October 1, 1999, may be repealed following the procedures in this section for repeal of a growth policy.

(6) Until October 1, 2006, a master plan that was adopted pursuant to this chapter before October 1, 1999, may be revised following the procedures in this chapter for revision of a growth policy.

(7) Except as otherwise provided in this section, the provisions of Title 7, chapter 5, part 1, apply to an initiative or referendum under this section.
Mont. Code Ann. § 76-16-323 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-323
76-16-323 State district finances
Status: in_force

76-16-323 . State district finances. A state district may:

(1) fix and determine the amount of grazing fees to be imposed on members or nonmembers for the purpose of paying leases and operating expenses and fix and determine the amount of assessments to be made on members on a grazing preference basis for the purpose of acquiring lands by purchase or for the purpose of constructing improvements in the state district;

(2) set up and maintain a reasonable reserve fund;

(3) borrow money and if necessary mortgage the physical assets of a state district to provide for operation and development, provided that at least 80% of the permittee members of the state district consent in writing to the borrowing and the borrowing has been approved by the commission. This subsection does not confer power upon a state district to mortgage the property of the individual members of the state district.
Mont. Code Ann. § 76-15-202 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-202
76-15-202 Hearing on petition
Status: in_force

76-15-202 . Hearing on petition. (1) Within 30 days after a petition has been filed with the department, it shall cause due notice to be given of a proposed hearing before the department upon the question of the desirability and necessity in the interest of the public health, safety, and welfare of the creation of the district; upon the question of the appropriate boundaries to be assigned to the district; upon the propriety of the petition and other proceedings taken under this chapter; and upon all questions relevant to those inquiries.

(2) All qualified electors within the limits of the territory described in the petition and of lands within any territory considered for addition to the described territory and all other interested parties are entitled to attend the hearings and be heard.
Mont. Code Ann. § 76-1-305 — MT Code / Title 76 / Chapter 1 / Part 3 / Section 76-1-305
76-1-305 Administration of board
Status: in_force

76-1-305 . Administration of board. To effectuate the purpose of this chapter, the board shall have the power and duty to:

(1) exercise general supervision of and make regulations for the administration of the affairs of the board;

(2) prescribe uniform rules pertaining to investigations and hearings;

(3) keep an accurate and complete record of all departmental proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents of the board;

(4) make recommendations and an annual report to any governing bodies represented on the board concerning the operation of the board and the status of planning within its jurisdiction;

(5) prepare, publish, and distribute reports, proposed ordinances and proposed resolutions, and other material relating to the activities authorized under this chapter.
Mont. Code Ann. § 76-15-1006 — MT Code / Title 76 / Chapter 15 / Part 10 / Section 76-15-1006
76-15-1006 Advertisements
Status: in_force

76-15-1006 . Advertisements. (1) The advertisement for requests for bids, proposals, or qualifications must:

(a) set forth the evaluation criteria to be used; and

(b) be published in a newspaper of general circulation that includes the conservation district.

(2) A second publication may not be made less than 5 days or more than 12 days before the opening of bids.

(3) A second publication may not be made less than 5 days or more than 12 days before the deadline for the submission of a request for proposals or a request for qualifications.
Mont. Code Ann. § 76-3-307 — MT Code / Title 76 / Chapter 3 / Part 3 / Section 76-3-307
76-3-307 Donations or grants to public considered a grant to donee
Status: in_force

76-3-307 . Donations or grants to public considered a grant to donee. Every donation or grant to the public or to any person, society, or corporation marked or noted on a plat is to be considered a grant to the donee.
Mont. Code Ann. § 76-21-103 — MT Code / Title 76 / Chapter 21 / Part 1 / Section 76-21-103
76-21-103 Terminated
Status: in_force

76-21-103 . Terminated. Sec. 14, Ch. 652, L. 1983.
Mont. Code Ann. § 76-2-112 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-112
76-2-112 Effect on powers of incorporated communities to plan adjacent areas
Status: in_force

76-2-112 . Effect on powers of incorporated communities to plan adjacent areas. The authority heretofore granted by law to the incorporated communities to approve subdivision plats within the unincorporated area adjacent to their corporate limits is not abrogated by this part except and until the board of county commissioners having jurisdiction over such adjacent area establishes a planning commission and adopts initial regulations for subdivision control within adjacent areas or districts. Authority of the adjacent municipality shall be suspended on the effective date of the county regulation with respect to all areas governed by county subdivision regulations.
Mont. Code Ann. § 76-13-405 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-405
76-13-405 Contracts with fire protection agencies
Status: in_force

76-13-405 . Contracts with fire protection agencies. The department is authorized to enter into contracts with fire protection agencies, including agencies of the United States, for fire hazard reduction or management when in its opinion the work can best be accomplished in that manner.
Mont. Code Ann. § 76-15-904 — MT Code / Title 76 / Chapter 15 / Part 9 / Section 76-15-904
76-15-904 Coal bed methane protection account -- use
Status: in_force

76-15-904 . Coal bed methane protection account -- use. (1) There is a coal bed methane protection account in the state special revenue fund.

(2) All money paid into the account must be invested by the board of investments. Earnings from investments must be deposited in the account.

(3) Subject to the conditions of subsections (4) and (5), money deposited in the account must be used to compensate landowners and water right holders for damages attributable to coal bed methane development as provided in this part.

(4) Money deposited in the fund and earnings of the fund may not be expended until after June 30, 2005. For fiscal years beginning after June 30, 2005, principal and earnings may be expended only in the case of an emergency. For fiscal years beginning after June 30, 2011, principal and earnings in the account may be expended for any purpose authorized pursuant to this part.

(5) Subject to legislative fund transfers, money in the account must be appropriated to the department for use by conservation districts that have private landowners or water right holders who qualify for compensation as provided in 76-15-905 .
Mont. Code Ann. § 76-25-412 — MT Code / Title 76 / Chapter 25 / Part 4 / Section 76-25-412
76-25-412 Survey requirements
Status: in_force

76-25-412 . Survey requirements. (1) Divisions of land under this chapter must follow the uniform standards governing monumentation, certificates of survey, and subdivision plats prescribed and adopted by the board of professional engineers and professional land surveyors.

(2) All division of sections into aliquot parts and retracement of lines must conform to United States bureau of land management instructions, and all public land survey corners must be filed in accordance with Title 70, chapter 22, part 1. Engineering plans, specifications, and reports required in connection with public improvements and other elements of the subdivision required by the governing body must be prepared and filed by a registered engineer or a registered land surveyor, as their respective licensing laws allow, in accordance with this part and regulations adopted pursuant to this part.

(3) All divisions of land for sale other than a subdivision created after July 1, 1974, divided into parcels that cannot be described as 1/32 or larger aliquot parts of a United States government section or a United States government lot must be surveyed by or under the supervision of a registered land surveyor. Surveys required under this section must comply with the requirements of subsection (8).

(4) Except as provided in 70-22-105 , within 180 days of the completion of a survey, the professional land surveyor responsible for the survey, whether the surveyor is privately or publicly employed, shall prepare and submit for filing a certificate of survey in the county in which the survey was made if the survey:

(a) provides material evidence not appearing on any map filed with the county clerk and recorder or contained in the records of the United States bureau of land management;

(b) reveals a material discrepancy in the map;

(c) discloses evidence to suggest alternate locations of lines or points; or

(d) establishes one or more lines not shown on a recorded map, the positions of which are not ascertainable from an inspection of the map without trigonometric calculations.

(5) A certificate of survey is not required for any survey that is made by the United States bureau of land management, that is preliminary, or that will become part of a subdivision plat being prepared for recording under the provisions of this chapter.

(6) It is the responsibility of the governing body to require the replacement of all monuments removed in the course of construction.

(7) (a) A registered land surveyor may administer and certify oaths when:

(i) it becomes necessary to take testimony for the identification of old corners or reestablishment of lost or obliterated corners;

(ii) a corner or monument is found in a deteriorating condition and it is desirable that evidence concerning it be perpetuated; or

(iii) the importance of the survey makes it desirable to administer an oath to the surveyor's assistants for the faithful performance of their duty.

(b) A record of oaths must be preserved as part of the field notes of the survey and noted on the certificate of survey filed under subsection (4).

(8) (a) (i) A surveyor who completes a survey identified in subsection (8)(b) that establishes or defines a section line and creates a parcel that crosses the established or defined section line so that an irrigation district assessment boundary is included in more than one section shall note on the survey the acreage of the farm unit or created parcel in each section.

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

(b) The requirements of subsection (8)(a) apply only to surveys for which the surveyor determines that, based on available public records, the survey involves land:

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

(ii) included in an irrigation district.
Mont. Code Ann. § 76-16-111 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-111
76-16-111 What constitutes receipt of notice
Status: in_force

76-16-111 . What constitutes receipt of notice. In all cases where notices are given to permittees under this chapter by certified mail and addressed to the post-office address of the permittee as shown by the records of the state district, the notices must be considered received by the permittee when deposited in the United States post office by the state district or by the commission.
Mont. Code Ann. § 76-13-126 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-126
76-13-126 Restrictions on mill waste
Status: in_force

76-13-126 . Restrictions on mill waste. (1) Before each wildfire season, all persons, firms, or corporations creating or responsible for mill waste within forest areas shall treat, dispose of, remove, or reduce the hazards created so that the accumulation of the waste does not constitute a fire hazard.

(2) A sawmill located within or contiguous to forest lands may not accumulate in one pile sawdust in excess of an amount resulting from the sawing of 500,000 feet log scale of sawlogs. However, a larger sawdust pile may be accumulated when there is no reasonable danger of fire from the sawdust pile and a permit for the additional accumulation is granted by the department. If burning is the disposal method elected, each sawdust pile must be prepared for burning by cribbing the base of each pile with slabs and must be burned in accordance with rules adopted by the department.
Mont. Code Ann. § 76-10-104 — MT Code / Title 76 / Chapter 10 / Part 1 / Section 76-10-104
76-10-104 Exemption from written permission or permit requirement
Status: in_force

76-10-104 . Exemption from written permission or permit requirement. The following are exemptions to the requirements of 76-10-103 :

(1) A permit issued by a land management agency, another government agency, or any other jurisdictional entity in the state is acceptable in lieu of the written permission if the wildcrafting occurs on land managed by the entity issuing the permit.

(2) A landowner or other jurisdictional entity does not need written permission or a permit to wildcraft on property that the landowner or other jurisdictional entity owns.

(3) Written permission or a permit is not required for the amount of wildcrafted plant material that the landowner or other jurisdictional entity determines is for personal or incidental use.
Mont. Code Ann. § 76-5-205 — MT Code / Title 76 / Chapter 5 / Part 2 / Section 76-5-205
76-5-205 Furnishing of material to local governments
Status: in_force

76-5-205 . Furnishing of material to local governments. (1) When the designated flood plain or the designated floodway has been established, the department shall furnish this data to officials of the political subdivision having jurisdiction over those areas, together with a map outlining the areas involved, a copy of parts 1 through 4 of this chapter, adopted rules of the department, and suggested minimum standards adopted by the department.

(2) These standards and rules must reflect gradations in flood hazard based on criteria as outlined in 76-5-406 . In adopting these standards and rules, the department shall consider local input from the affected political subdivisions.
Mont. Code Ann. § 76-13-203 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-203
76-13-203 Extension of wildfire season
Status: in_force

76-13-203 . Extension of wildfire season. In the event of excessive or great fire danger, the wildfire season defined in 76-13-102 may be expanded when in the judgment of the department dangerous fire conditions exist. When expanded, the department shall give public notice.
Mont. Code Ann. § 76-6-203 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-203
76-6-203 Types of permissible easements
Status: in_force

76-6-203 . Types of permissible easements. Easements or restrictions under this chapter may prohibit or limit any or all of the following:

(1) structures--construction or placing of buildings, camping trailers, housetrailers, mobile homes, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground;

(2) landfill--dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials;

(3) vegetation--removal or destruction of trees, shrubs, or other vegetation;

(4) loam, gravel, etc.--excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance;

(5) surface use--surface use except for such purposes permitting the land or water area to remain predominantly in its existing condition;

(6) acts detrimental to conservation--activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat and preservation;

(7) subdivision of land--subdivision of land as defined in 76-3-103 and 76-3-104 ;

(8) other acts--other acts or uses detrimental to such retention of land or water areas in their existing conditions.
Mont. Code Ann. § 76-15-1013 — MT Code / Title 76 / Chapter 15 / Part 10 / Section 76-15-1013
76-15-1013 Division of contracts prohibited
Status: in_force

76-15-1013 . Division of contracts prohibited. Contracts may not be divided or projects split to circumvent the provisions of this part.
Mont. Code Ann. § 76-6-206 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-206
76-6-206 Review by local planning authority
Status: in_force

76-6-206 . Review by local planning authority. In order to minimize conflict with local comprehensive planning, all conservation easements shall be subject to review prior to recording by the appropriate local planning authority for the county within which the land lies. It shall be the responsibility of the entity acquiring the conservation easement to present the proposed conveyance of the conservation easement to the appropriate local planning authority. The local planning authority shall have 90 days from receipt of the proposed conveyance within which to review and to comment upon the relationship of the proposed conveyance to comprehensive planning for the area. Such comments will not be binding on the proposed grantor or grantee but shall be merely advisory in nature. The proposed conveyance may be recorded after comments have been received from the local planning authority or the local planning authority has indicated in writing it will have no comments or 90 days have elapsed, whichever occurs first.
Mont. Code Ann. § 76-16-112 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-112
76-16-112 Creation of Montana grass conservation commission -- membership -- meetings -- compensation
Status: in_force

76-16-112 . Creation of Montana grass conservation commission -- membership -- meetings -- compensation. (1) There is a Montana grass conservation commission. The commission is composed of five members appointed by the governor to serve staggered 3-year terms.

(2) (a) The governor, after giving full consideration to representation by both large and small operators, shall appoint:

(i) two members who are either officers of or who serve on the board of directors of a state district;

(ii) two members who hold active grazing preference rights within a state district; and

(iii) one member of the public who possesses a general understanding of the livestock industry and the proper use of rangelands within state districts for the purpose of livestock production.

(b) Ex officio members may be appointed by the commission as needed.

(3) Members may not be appointed for more than three consecutive terms. The commission shall annually elect from among its members a presiding officer and a vice presiding officer. The presiding officer shall preside over all meetings of the commission, except that the vice presiding officer shall assume the duties of the presiding officer in the absence of the presiding officer.

(4) (a) The commission shall meet annually in Montana at a place determined by the presiding officer.

(b) The commission may hold other meetings at times and places as necessary upon the call of the presiding officer or the request of a majority of commission members and upon at least 7 days' written notice to the commission members of the time and place of the meeting.

(c) A majority of commission members constitutes a quorum for the transaction of business. The commission shall keep accurate records of all business that is considered, and the presiding officer shall sign all orders, minutes, and other documents of the commission.

(5) Commission members may receive no compensation for their services, but members are entitled to compensation for actual expenses incurred in carrying out their duties, including travel and per diem.

(6) The commission is allocated to the department for administrative purposes only as provided in 2-15-121 . The commission shall, if it determines that personnel services are required, hire its own personnel, and 2-15-121 (2)(d) does not apply. The secretary must be employed at the discretion of the commission.
Mont. Code Ann. § 76-16-321 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-321
76-16-321 Construction of trespass and fence provisions
Status: in_force

76-16-321 . Construction of trespass and fence provisions. (1) Sections 76-16-310 through 76-16-320 shall not be interpreted to repeal or abolish any other legal remedies which a member, a permittee, or a state district may now have against trespassing livestock or the owner or persons in control thereof. The remedies provided by 76-16-310 through 76-16-320 are additional and supplemental to the remedies provided by any other laws of the state of Montana.

(2) Nothing contained in 76-16-310 through 76-16-320 shall be so construed as to restrict the right of parties to obtain injunctive relief from a court of competent jurisdiction.
Mont. Code Ann. § 76-25-306 — MT Code / Title 76 / Chapter 25 / Part 3 / Section 76-25-306
76-25-306 Zoning and annexation
Status: in_force

76-25-306 . Zoning and annexation. (1) A municipality shall review and consider a proposed annexation in conjunction with the zoning regulations for the property to be annexed adopted pursuant to 76-25-301 (1)(c) following the procedures set forth in 76-25-305 .

(2) The joint public process authorized in subsection (1) fulfills the notice and public hearing requirements for a proposed annexation required in Title 7, chapter 2, parts 42 through 47.
Mont. Code Ann. § 76-25-302 — MT Code / Title 76 / Chapter 25 / Part 3 / Section 76-25-302
76-25-302 Encouragement of development of housing
Status: in_force

76-25-302 . Encouragement of development of housing. (1) The zoning regulations authorized in 76-25-301 must include a minimum of five of the following housing strategies, applicable to the majority of the area, where residential development is permitted in the jurisdictional area:

(a) allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted;

(b) zone for higher density housing near transit stations, places of employment, higher education facilities, and other appropriate population centers, as determined by the local government;

(c) eliminate or reduce off-street parking requirements to require no more than one parking space per dwelling unit;

(d) eliminate impact fees for accessory dwelling units or developments that include multi-unit dwellings or reduce the fees by at least 25%;

(e) allow, as a permitted use, for at least one internal or detached accessory dwelling unit on a lot with a single-unit dwelling occupied as a primary residence;

(f) allow for single-room occupancy developments;

(g) allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted;

(h) eliminate minimum lot sizes or reduce the existing minimum lot size required by at least 25%;

(i) eliminate aesthetic, material, shape, bulk, size, floor area, and other massing requirements for multi-unit dwellings or mixed-use developments or remove at least half of those requirements;

(j) provide for zoning that specifically allows or encourages the development of tiny houses, as defined in Appendix Q of the International Residential Code as it was printed on January 1, 2023;

(k) eliminate setback requirements or reduce existing setback requirements by at least 25%;

(l) increase building height limits for dwelling units by at least 25%;

(m) allow multi-unit dwellings or mixed-use development as a permitted use on all lots where office, retail, or commercial are primary permitted uses; or

(n) allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes are permitted uses.

(2) If a local government's existing zoning ordinance adopted pursuant to Title 76, chapter 2, before May 17, 2023, does not contain a zoning regulation that is listed as a regulation to be eliminated or reduced in subsection (1), that strategy is considered adopted by the local government.

(3) If the adoption of a housing strategy allowed in subsection (1) subsumes another housing strategy allowed in subsection (1), only one strategy may be considered to have been adopted by the local government.
Mont. Code Ann. § 76-15-522 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-522
76-15-522 Settlements by county treasurers other than of principal county
Status: in_force

76-15-522 . Settlements by county treasurers other than of principal county. The treasurers of each of the counties other than the principal county shall, not less than twice a year or upon order of the supervisors of the district, settle with such supervisors and pay to the treasurer of the principal county all money belonging to the district and in their possession.
Mont. Code Ann. § 76-5-404 — MT Code / Title 76 / Chapter 5 / Part 4 / Section 76-5-404
76-5-404 Artificial obstructions and nonconforming uses
Status: in_force

76-5-404 . Artificial obstructions and nonconforming uses. (1) An artificial obstruction or nonconforming use in a designated flood plain or designated floodway enforced under 76-5-301 (1) and (2) and not exempt under 76-5-401 through 76-5-403 or subsection (2) or (3) of this section is a public nuisance unless a permit has been obtained for the artificial obstruction or nonconforming use from the department or the responsible political subdivision.

(2) It is unlawful for a person to establish an artificial obstruction or nonconforming use within a designated flood plain or a designated floodway without a permit from the department or the responsible political subdivision.

(3) (a) Parts 1 through 4 of this chapter do not affect any existing artificial obstruction or nonconforming use established in the designated flood plain or designated floodway before the land use regulations adopted by the political subdivision are effective or before the department has enforced a designated flood plain or a designated floodway under 76-5-301 (1) and (2).

(b) However, a person may not make nor may an owner allow alterations of an artificial obstruction or nonconforming use within a designated flood plain or a designated floodway whether the obstruction proposed for alteration was located in the flood plain or floodway before or after July 1, 1971, except upon express written approval of the department or the responsible political subdivision. Maintenance of an obstruction is not an alteration.
Mont. Code Ann. § 76-13-207 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-207
76-13-207 Determination and collection of costs of fire protection
Status: in_force

76-13-207 . Determination and collection of costs of fire protection. (1) The department shall prepare an annual operation assessment plan in which fire protection costs are determined. The department shall request the legislature to appropriate the state's portion of the cost. After the appropriation is made by the legislature, the department shall cause an assessment to be made on the owners of land, as specified in 76-13-105 and 76-13-201 , sufficient to bring the total amount received from the landowners to no greater than one-third of the amount specified in the appropriation.

(2) On or before the first Tuesday in September of each year, the department shall certify in writing to the department of revenue the names of these owners of lands in each county, together with a description of their lands and a statement of the amount found to be due and owing by each of the owners to the department for wildland fire protection.

(3) Upon receiving the certificate from the department showing the amount due, the department of revenue shall extend the amounts upon the county tax rolls covering the lands, and the sums become obligations of the owner, to be paid and collected in the same manner and at the same time and subject to the same penalties as general state and county taxes upon the same property are collected.
Mont. Code Ann. § 76-13-125 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-125
76-13-125 Spark arresters required
Status: in_force

76-13-125 . Spark arresters required. A person may not use, drive, or operate within any wildland an internal combustion engine that is not equipped with a modern, efficient, and adequate spark arrester to prevent the escape of sparks, coals, cinders, and other burning material from the exhaust of the engine.
Mont. Code Ann. § 76-13-904 — MT Code / Title 76 / Chapter 13 / Part 9 / Section 76-13-904
76-13-904 Prescribed fire manager certification program -- rulemaking
Status: in_force

76-13-904 . Prescribed fire manager certification program -- rulemaking. (1) The department may create a prescribed fire manager certification program. The program must include training on all relevant aspects of prescribed fire in the state, including but not limited to the following:

(a) applicable laws and rules;

(b) safety planning and management;

(c) weather;

(d) prescribed fire behavior, complexity analysis, and techniques;

(e) smoke management;

(f) prescribed fire burn plan requirements and standards;

(g) public relations;

(h) prescribed fire burn permitting; and

(i) contingencies.

(2) The department may adopt rules to implement the prescribed fire manager certification program, including:

(a) training requirements;

(b) certification standards;

(c) reciprocity requirements for prescribed fire certifications from other states and organizations;

(d) administration of the prescribed fire manager certification claims account; and

(e) fees.
Mont. Code Ann. § 76-10-106 — MT Code / Title 76 / Chapter 10 / Part 1 / Section 76-10-106
76-10-106 Restriction on liability of landowner
Status: in_force

76-10-106 . Restriction on liability of landowner. (1) A person who uses private property for wildcrafting purposes, with or without permission, does so without any assurance from the landowner that the property is safe for any purpose. The landowner owes the person no duty of care with respect to the condition of the property, except that the landowner is liable to the person for any injury to person or property for an act or omission that constitutes willful or wanton misconduct.

(2) A person who uses public property for wildcrafting purposes, with or without permission, does so without any assurance from the landowner that the property is safe for any purpose. The landowner owes the person no duty of care with respect to the condition of the property, except that the landowner is liable to the person for any injury to person or property for an act or omission that constitutes willful or wanton misconduct.
Mont. Code Ann. § 76-3-304 — MT Code / Title 76 / Chapter 3 / Part 3 / Section 76-3-304
76-3-304 Effect of recording complying plat
Status: in_force

76-3-304 . Effect of recording complying plat. The recording of any plat made in compliance with the provisions of this chapter shall serve to establish the identity of all lands shown on and being a part of such plat. Where lands are conveyed by reference to a plat, the plat itself or any copy of the plat properly certified by the county clerk and recorder as being a true copy thereof shall be regarded as incorporated into the instrument of conveyance and shall be received in evidence in all courts of this state.
Mont. Code Ann. § 76-8-113 — MT Code / Title 76 / Chapter 8 / Part 1 / Section 76-8-113
76-8-113 Actions against governing body and department
Status: in_force

76-8-113 . Actions against governing body and department. (1) An applicant who has filed an application for the creation of buildings for lease or rent and who is aggrieved by a decision of the department or the local reviewing authority may request a hearing as provided in 76-4-126 (1). For purposes of this subsection, the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to the proceeding.

(2) An applicant who has filed an application for the creation of buildings for lease or rent or a landowner with a property boundary contiguous to the tract on which the buildings are proposed to be located who is aggrieved by a decision of the governing body may, within 30 days of the date of the decision of the governing body, appeal to the district court in the county in which the property involved is located.

(3) For purposes of this section, "aggrieved" has the meaning provided in 76-3-625 .
Mont. Code Ann. § 76-3-101 — MT Code / Title 76 / Chapter 3 / Part 1 / Section 76-3-101
76-3-101 Short title
Status: in_force

76-3-101 . Short title. This chapter may be cited as the "Montana Subdivision and Platting Act".
Mont. Code Ann. § 76-6-208 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-208
76-6-208 Taxation of property subject to conservation easement
Status: in_force

76-6-208 . Taxation of property subject to conservation easement. (1) Assessments made for taxation on property subject to a conservation easement either in perpetuity or for a term of years, where a public body or a qualifying private organization holds the conservation easement, shall be determined on the basis of the restricted purposes for which the property may be used. The minimum assessed value for land subject to an easement conveyed under this chapter may not be less than the actual assessed value of such land in calendar year 1973. Any land subject to such easement may not be classified into a class affording a lesser assessed valuation solely by reason of the creation of the easement. The value of the interest held by a public body or qualifying private organization shall be exempt from property taxation.

(2) Expiration of an easement granted for a term of years shall not result in a reassessment of the land for property tax purposes if the easement is renewed and the granting instrument reflecting the renewed easement is executed and properly filed not later than 15 days after the date of expiration.
Mont. Code Ann. § 76-3-306 — MT Code / Title 76 / Chapter 3 / Part 3 / Section 76-3-306
76-3-306 Covenants run with the land
Status: in_force

76-3-306 . Covenants run with the land. All covenants shall be considered to run with the land, whether marked or noted on the subdivision plat or contained in a separate instrument recorded with the plat.
Mont. Code Ann. § 76-16-315 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-315
76-16-315 Procedure upon inability to locate person responsible for trespassing livestock
Status: in_force

76-16-315 . Procedure upon inability to locate person responsible for trespassing livestock. If a state district takes possession of livestock after due diligence to discover the owner or possessor of the livestock and the owner or possessor cannot be found or the ownership of the livestock discovered or if a party takes possession of livestock and the owner or claimant refuses to pay the amount of damages or charges or to furnish bonds, as provided in 76-16-311 , the state district or person shall, within 10 days from the time that the livestock was taken into possession, deliver to the sheriff of the county in which the livestock was taken into possession or to the nearest state livestock inspector a statement containing the information required to be given in the notice set out in 76-16-311 .
Mont. Code Ann. § 76-2-311 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-311
76-2-311 Administration of regulations in extended area
Status: in_force

76-2-311 . Administration of regulations in extended area. (1) A city or town council or other legislative body may enforce regulations adopted pursuant to 76-2-310 , as if the property were situated within its corporate limits, until the county board adopts a growth policy pursuant to chapter 1 and accompanying zoning or subdivision resolutions that include the area.

(2) As a prerequisite to the exercise of this power, a city-county planning board whose jurisdictional area includes the area to be regulated must be formed or an existing city planning board must be increased to include two representatives from the unincorporated area that is to be affected. These representatives must be appointed by the board of county commissioners. Representation must cease when the county board adopts a growth policy pursuant to chapter 1 and accompanying zoning or subdivision resolutions that include the area.
Mont. Code Ann. § 76-25-104 — MT Code / Title 76 / Chapter 25 / Part 1 / Section 76-25-104
76-25-104 Planning commission
Status: in_force

76-25-104 . Planning commission. (1) (a) Each local government shall establish, by ordinance or resolution, a planning commission.

(b) Any combination of local governments may create a multijurisdictional planning commission or join an existing commission pursuant to an interlocal agreement.

(c) (i) Any combination of legally authorized planning boards, zoning commissions, planning and zoning commissions, or boards of adjustment existing prior to May 17, 2023, may be considered duly constituted under this chapter as a planning commission by agreement of the governing bodies of each jurisdiction represented on the planning commission.

(ii) If more than one legally authorized planning board, zoning commission, or planning and zoning commission exists within a jurisdiction, the governing bodies of each jurisdiction may agree to:

(A) designate, combine, consolidate, or modify one or more of the authorized boards or commissions as the planning commission; or

(B) create a new planning commission pursuant to this section and disband the existing boards and commissions.

(d) (i) A local government subject to this chapter may continue to be represented on an existing city-county planning board, joint city-county planning board, or consolidated city-county planning board as authorized under Title 76, chapter 1, with other local governments and share in the membership duties and costs of the board.

(ii) A local government's continued participation in a planning board as set forth in subsection (1)(d)(i) is solely for the purposes set forth in Title 76, chapter 1.

(2) (a) (i) Each planning commission must consist of an odd number of no fewer than three voting members who are confirmed by majority vote of each local governing body.

(ii) Each jurisdiction must be equally represented in the membership of a multijurisdictional planning commission.

(b) The planning commission shall meet at least once every 6 months.

(c) Minutes must be kept of all meetings of the planning commission, and all meetings and records must be open to the public.

(d) A majority of currently appointed voting members of the planning commission constitutes a quorum. A quorum must be present for the planning commission to take official action. A favorable vote of at least a majority of the quorum is required to authorize an action at a regular or properly called special meeting.

(e) The ordinance, resolution, or interlocal agreement creating the planning commission must set forth the requirements for appointments, terms, qualifications, removal, vacancies, meetings, notice of meetings, officers, reimbursement of costs, bylaws, or any other requirement determined necessary by the local governing body.

(3) (a) Except as set forth in subsection (3)(b), the planning commission shall review and make recommendations to the local governing body regarding the development, adoption, amendment, review, and approval or denial of the following documents:

(i) the land use plan and future land use map as provided in 76-25-201 ;

(ii) zoning regulations and map as provided in Title 76, chapter 25, part 3;

(iii) subdivision regulations as provided in Title 76, chapter 25, part 4; and

(iv) any other legislative land use planning document the local governing body designates.

(b) In accordance with 76-25-503 , the planning commission shall hear and decide appeals from any site-specific land use decisions made by the planning administrator pursuant to the adopted regulations described in subsection (3)(a). Decisions of the planning commission may be appealed to the local governing body as provided in 76-25-503 .

(4) The planning commission may be funded pursuant to 76-1-403 , 76-1-404 , and 76-1-406 .
Mont. Code Ann. § 76-16-302 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-302
76-16-302 Membership in state district
Status: in_force

76-16-302 . Membership in state district. (1) Membership in a state district is limited to persons engaged in the livestock business who own or lease forage-producing lands within or near the state district, except that the agent of a person entitled to membership in the state district may become a member in place of the agent's principal.

(2) If an agent becomes a member, the agent's qualifications for membership and the agent's obligations to and the privileges in the state district must be measured by those that the agent's principal would have had if the principal had elected to become a member. An agent and the agent's principal may not both be members of the state district unless the agent has individual qualifications for membership that are separable from and independent of those of the principal.

(3) Livestock producers owning or controlling base property within the designated boundaries of the state district and who held grazing preference during the preceding grazing season or at the time of voting must be designated as permittee members.
Mont. Code Ann. § 76-15-322 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-322
76-15-322 Filing of notice of organization of district
Status: in_force

76-15-322 . Filing of notice of organization of district. Within 10 days after the creation of the district, the supervisors of a conservation district shall cause a notice declaring the district organized to be filed for record in the office of the county clerk and recorder of each county in which any portion of the district is situated.
Mont. Code Ann. § 76-15-205 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-205
76-15-205 Criteria for determining need
Status: in_force

76-15-205 . Criteria for determining need. In making the determinations and in defining the boundaries, the department shall consider the topography of the area considered and of the state, the composition of soils in the area, the distribution of erosion, the prevailing land use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits those lands may receive from being included within the boundaries, the relation of the proposed area to existing watersheds and agricultural regions and other conservation districts already organized or proposed for organization under this chapter, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determination set forth in 76-15-101 and 76-15-102 . The territory to be included within the boundaries need not be contiguous.
Mont. Code Ann. § 76-3-203 — MT Code / Title 76 / Chapter 3 / Part 2 / Section 76-3-203
76-3-203 Exemption for certain condominiums and townhouses
Status: in_force

76-3-203 . Exemption for certain condominiums and townhouses. (1) Condominiums, townhomes, townhouses, or conversions, as those terms are defined in 70-23-102 , constructed on land subdivided in compliance with parts 5 and 6 of this chapter or on lots within incorporated cities and towns are exempt from the provisions of this chapter if:

(a) the approval of the original subdivision of land expressly contemplated the construction of the condominiums, townhomes, or townhouses and any applicable park dedication requirements in 76-3-621 are complied with; or

(b) the condominium, townhome, or townhouse proposal is in conformance with applicable local zoning regulations pertaining to land use, density, bulk and dimensional requirements, landscaping, and parking requirements when local zoning regulations are in effect.

(2) A determination whether the condominium, townhome, townhouse, or conversion proposal is exempt from the provisions of this chapter must be made by the governing body or the agent or agency designated by the governing body within 20 working days of the receipt of an application containing all materials and information required by the governing body to complete the determination.

(3) The governing body may not enact regulations prohibiting the townhome form of ownership or impose conditions on a determination that the condominium, townhome, townhouse, or conversion proposal is exempt from the provisions of this chapter, and may not require the condominium, townhome, townhouse, or conversion proposal to undergo a conditional use permit or other quasi-judicial governmental review process pursuant to regulations adopted pursuant to Title 76, chapter 2, as a prerequisite to determining eligibility for an exemption from the provisions of this chapter.
Mont. Code Ann. § 76-3-105 — MT Code / Title 76 / Chapter 3 / Part 1 / Section 76-3-105
76-3-105 Violations
Status: in_force

76-3-105 . Violations. Except as provided in 76-3-207 , any person who violates any provision of this chapter or any local regulations adopted pursuant to this chapter shall be guilty of a misdemeanor and punishable by a fine of not less than $100 or more than $500 or by imprisonment in a county jail for not more than 3 months or by both fine and imprisonment. Each sale, lease, or transfer of each separate parcel of land in violation of any provision of this chapter or any local regulation adopted pursuant to this chapter must be deemed a separate and distinct offense.
Mont. Code Ann. § 76-2-212 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-212
76-2-212 Minimum lot size restrictions
Status: in_force

76-2-212 . Minimum lot size restrictions. A board of county commissioners may not adopt zoning regulations under this part that require minimum lot sizes in an area zoned for residential use unless:

(1) the zoning regulation requiring minimum lot sizes is applied to land that is within 3 miles of the limits of an incorporated municipality; or

(2) the county has adopted a land use map in its growth policy pursuant to 76-1-601 (5) that sets forth projected population densities and recommended minimum lot sizes.
Mont. Code Ann. § 76-14-114 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-114
76-14-114 Criteria for evaluation of loan applications
Status: in_force

76-14-114 . Criteria for evaluation of loan applications. The following criteria must be considered in selecting loan recipients:

(1) Loan applications must be ranked according to the following priorities:

(a) Range improvement or development projects undertaken on native rangeland, resulting in the improvement of native range condition and of benefit to more than a single operator, have first priority.

(b) Range improvement or development projects undertaken on native rangeland, resulting in the improvement of native range condition but of benefit to only a single operator, have second priority.

(c) Range improvement or development projects undertaken on either native rangeland or tame pastureland used in conjunction with native rangeland, or both, resulting in the improvement of native range condition and the condition of the tame pastureland used in conjunction with native rangeland, have third priority.

(d) Range improvement or development projects undertaken on tame pastureland, resulting in the improvement of the tame pastureland exclusively, have fourth priority.

(e) Range improvement or development projects undertaken to return to rangeland status land that was once native rangeland and that has since been cultivated have fifth priority.

(2) Consideration must be given to the number of related resources that will benefit, including but not limited to water quality, wildlife habitat, and soil conservation.

(3) Consideration must be given to the amount of funding from other sources.

(4) Consideration must be given to the feasibility and practicality of the project.
Mont. Code Ann. § 76-5-1109 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1109
76-5-1109 Contracts for use of railroads and highways
Status: in_force

76-5-1109 . Contracts for use of railroads and highways. A city, town, or county may contract with a railroad company or with the department of transportation for the use of railroad or highway rights-of-way and embankments and other railroad or highway property which can be utilized by the city, town, or county for the purpose of water conservation or flood control or protection as part of its water conservation or flood control system, or both, for a period not exceeding 99 years.
Mont. Code Ann. § 76-1-401 — MT Code / Title 76 / Chapter 1 / Part 4 / Section 76-1-401
76-1-401 Fiscal administration
Status: in_force

76-1-401 . Fiscal administration. (1) To effectuate the purpose of this chapter, the board shall have the power and duty to:

(a) supervise the fiscal affairs and responsibilities of the board;

(b) prepare and submit to the governing bodies represented on the board an annual budget in the same manner as other departments of the city and county governments and shall be limited in all expenditures to the provisions made therefor by the governing bodies represented upon the board.

(2) The planning board shall have authority to expend, under regular city or county procedure as provided by law, all sums appropriated to it for purposes and activities authorized by this chapter.
Mont. Code Ann. § 76-13-115 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-115
76-13-115 State fire policy
Status: in_force

76-13-115 . State fire policy. The legislature finds and declares that:

(1) the safety of the public and of firefighters is paramount in all wildfire suppression activities;

(2) it is a priority to minimize property and resource loss resulting from wildfire and to minimize expense to Montana taxpayers, which is generally accomplished through an aggressive and rapid initial attack effort;

(3) interagency cooperation and coordination among local, state, and federal agencies are intended and encouraged, including cooperation when restricting activity or closing areas to access becomes necessary;

(4) fire prevention, hazard reduction, and loss mitigation are fundamental components of this policy;

(5) all property in Montana has wildfire protection from a recognized fire protection entity;

(6) the department has a duty to engage in wildfire suppression activities in the state regardless of land ownership if the department determines that the federal wildfire suppression activities within 5 miles of department or county wildland fire protection are not consistent with 76-13-104 . The department may, at its sole discretion, bill the responsible recognized federal protection agency for costs incurred in suppression when appropriate.

(7) all private property owners and federal and state public land management agencies have a responsibility to manage resources, mitigate fire hazards, and otherwise prevent fires on their property;

(8) sound forest management activities to reduce fire risk, such as thinning, prescribed burning, and insect and disease treatments, improve the overall diversity and vigor of forested landscapes and improve the condition of related water, wildlife, recreation, and aesthetic resources;

(9) development of fire protection guidelines for the wildland-urban interface is critical to improving public safety and for reducing risk and loss; and

(10) catastrophic wildland fire in wildland-urban interface areas resulting from inadequate federal land management activities to reduce fire risk has the potential to jeopardize Montanans' inalienable right to a clean and healthful environment guaranteed in Article II, section 3, of the Montana constitution.
Mont. Code Ann. § 76-12-110 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-110
76-12-110 Restriction on condemnation or development of natural areas
Status: in_force

76-12-110 . Restriction on condemnation or development of natural areas. Natural areas acquired or designated in accordance with the provisions of this part are protected from condemnation or other development adversely affecting the integrity of the natural area until legislative action is taken specifically authorizing the development or condemnation, as provided in Title 70, chapter 30.
Mont. Code Ann. § 76-13-301 — MT Code / Title 76 / Chapter 13 / Part 3 / Section 76-13-301
76-13-301 Policy
Status: in_force

76-13-301 . Policy. (1) It is the public policy of the state to:

(a) protect and preserve forest resources from destruction by forest insect pests and tree diseases;

(b) protect the forests and watersheds of Montana and restore those watersheds that are most affected by insect pests and tree diseases and are critical to water supplies;

(c) enhance the production of forests;

(d) promote the stability of forest industry; and

(e) protect the recreational values of the forest.

(2) It is further the public policy of the state to independently and through cooperation with the federal government and private forest landowners adopt measures to control, suppress, and eradicate outbreaks of forest insect pests and tree diseases.
Mont. Code Ann. § 76-25-307 — MT Code / Title 76 / Chapter 25 / Part 3 / Section 76-25-307
76-25-307 Interim zoning ordinances
Status: in_force

76-25-307 . Interim zoning ordinances. (1) A local government, to protect the public safety, health, and welfare and without following the procedures otherwise required prior to adopting a zoning regulation, may adopt an interim zoning ordinance as an urgency measure to regulate or prohibit uses that may conflict with a zoning proposal that the governing body is considering or studying or intends to study within a reasonable time.

(2) Before adopting an interim zoning ordinance, the governing body shall first hold a public hearing upon notice reasonably designed to inform all affected parties. A notice must be published as provided in 7-1-4127 .

(3) An interim zoning ordinance takes effect immediately on passage and approval after first reading and may be in effect no longer than 1 year from the date of its adoption.

(4) A local government may not act under the authority provided for in this section until the local government has adopted a land use plan and zoning regulations pursuant to this chapter.
Mont. Code Ann. § 76-5-103 — MT Code / Title 76 / Chapter 5 / Part 1 / Section 76-5-103
76-5-103 Definitions
Status: in_force

76-5-103 . Definitions. As used in parts 1 through 4 of this chapter, unless the context otherwise requires, the following definitions apply:

(1) "Artificial obstruction" means any obstruction that is not a natural obstruction and includes any dam, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill, or other analogous structure or matter in, along, across, or projecting into any flood plain or floodway that may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property.

(2) "Channel" means the geographical area within either the natural or artificial banks of a watercourse or drainway.

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

(4) "Designated flood plain" means a flood plain whose limits have been designated pursuant to part 2 of this chapter.

(5) "Designated floodway" means a floodway whose limits have been designated pursuant to part 2 of this chapter.

(6) "Drainway" means any depression 2 feet or more below the surrounding land serving to give direction to a current of water less than 9 months of the year and having a bed and well-defined banks.

(7) "Establish" means construct, place, insert, or excavate.

(8) "Flood" means the water of any watercourse or drainway that is above the bank or outside the channel and banks of the watercourse or drainway.

(9) "Flood of 100-year frequency" means a flood magnitude expected to recur on the average of once every 100 years or a flood magnitude that has a 1% chance of occurring in any given year.

(10) "Flood plain" means the area adjoining the watercourse or drainway that would be covered by the floodwater of a flood of 100-year frequency, except for sheetflood areas that receive less than 1 foot of water per occurrence and are considered "zone B" or a "shaded X zone" by the federal emergency management agency.

(11) "Floodway" means the channel of a watercourse or drainway and those portions of the flood plain adjoining the channel that are reasonably required to carry and discharge the floodwater of any watercourse or drainway.

(12) "Natural obstruction" means any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the flood plain or floodway by a nonhuman cause.

(13) "Owner" means any person who has dominion over, control of, or title to an obstruction.

(14) "Political subdivision" means any incorporated city or town or any county organized and having authority to adopt and enforce land use regulations.

(15) "Responsible political subdivision" means a political subdivision that has enacted land use regulations in accordance with parts 1 through 4.

(16) (a) "Watercourse" means any depression 2 feet or more below the surrounding land serving to give direction to a current of water at least 9 months of the year and having a bed and well-defined banks.

(b) Upon order of the department, the term also includes any particular depression that would not otherwise be within the definition of watercourse.
Mont. Code Ann. § 76-16-415 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-415
76-16-415 Application to trespass actions
Status: in_force

76-16-415 . Application to trespass actions. Sections 76-16-405 through 76-16-409 , 76-16-412 , and 76-16-413 do not apply to trespass violations.
Mont. Code Ann. § 76-7-210 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-210
76-7-210 Easements to run with land
Status: in_force

76-7-210 . Easements to run with land. Notwithstanding 70-17-202 and 70-17-203 (1) and (2), for the purposes of this chapter, an environmental control easement runs with the land, whether or not this fact is stipulated in the instrument creating the easement, and the easement binds the owner of the land and all successors and assigns.
Mont. Code Ann. § 76-3-512 — MT Code / Title 76 / Chapter 3 / Part 5 / Section 76-3-512
76-3-512 Residential development infrastructure -- rulemaking
Status: in_force

76-3-512 . Residential development infrastructure -- rulemaking. (1) If a local government requires a residential development subdivider to pay or guarantee payment for part or all of the costs of extending or enhancing capital facilities pursuant to 76-3-510 , the local government may enact a rule or regulation that provides for an equal share of the costs associated with extending or enhancing those capital facilities when a subsequent development also benefits from the expansion or enhancement of those capital facilities.

(2) The department of transportation may establish rules that locally approved and platted residential developments may be allocated a future cost share of present-day intersection or other improvements to reduce the undue hardship and associated cost barriers for residential developments to move forward. This analysis should also recognize normal increases in traffic impacts beyond that which is or can be attributable to one or more developments.
Mont. Code Ann. § 76-15-313 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-313
76-15-313 Operation of supervisors
Status: in_force

76-15-313 . Operation of supervisors. (1) The supervisors shall annually elect a presiding officer from their members.

(2) A majority of the supervisors constitute a quorum, and except as otherwise specifically provided, the concurrence of a majority in any matter within their duties is required for its determination.

(3) Upon the unanimous approval of the board of supervisors, a supervisor may receive compensation for the supervisor's services, including travel expenses as provided for in 2-18-501 through 2-18-503 , incurred in the discharge of the supervisor's duties. However, a supervisor may not receive compensation for attendance at a regularly scheduled meeting of the board of supervisors.
Mont. Code Ann. § 76-15-405 — MT Code / Title 76 / Chapter 15 / Part 4 / Section 76-15-405
76-15-405 Limitation on acquisition, operation, or disposition of property
Status: in_force

76-15-405 . Limitation on acquisition, operation, or disposition of property. No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to a district organized hereunder unless the legislature shall specifically so state.
Mont. Code Ann. § 76-3-402 — MT Code / Title 76 / Chapter 3 / Part 4 / Section 76-3-402
76-3-402 Survey and platting requirements for subdivided lands
Status: in_force

76-3-402 . Survey and platting requirements for subdivided lands. (1) Every subdivision of land after June 30, 1973, must be surveyed and platted in conformance with this chapter, including the requirements of 76-3-406 , by or under the supervision of a registered land surveyor.

(2) Subdivision plats must be prepared and filed in accordance with this chapter and regulations adopted pursuant to this chapter.

(3) All division of sections into aliquot parts and retracement of lines must conform to United States bureau of land management instructions, and all public land survey corners must be filed in accordance with Corner Recordation Act of Montana (Title 70, chapter 22, part 1). Engineering plans, specifications, and reports required in connection with public improvements and other elements of the subdivision required by the governing body must be prepared and filed by a registered engineer or a registered land surveyor, as their respective licensing laws allow, in accordance with this chapter and regulations adopted pursuant to this chapter.
Mont. Code Ann. § 76-21-206 — MT Code / Title 76 / Chapter 21 / Part 2 / Section 76-21-206
76-21-206 Terminated
Status: in_force

76-21-206 . Terminated. Sec. 14, Ch. 652, L. 1983.
Mont. Code Ann. § 76-15-709 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-709
76-15-709 Enforcement of regulations -- petition to district court
Status: in_force

76-15-709 . Enforcement of regulations -- petition to district court. Where the supervisors of any district shall find that any of the provisions of land use regulations prescribed in any ordinance adopted in accordance with the provisions of 76-15-701 through 76-15-707 are not being observed on particular lands and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may present a petition, duly verified, to the district court of the county in which the lands of the defendant may lie:

(1) setting forth:

(a) the adoption of the ordinance prescribing land use regulations;

(b) the failure of the defendant to observe such regulations and to perform particular work, operations, or avoidances as required thereby; and

(c) that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district; and

(2) praying the court:

(a) to require the defendant to perform the work, operations, or avoidances within a reasonable time; and

(b) to order that, if the defendant shall fail so to perform, the supervisors may go on the land, perform the work or other operations, or otherwise bring the condition of such lands into conformity with the requirements of such regulations and recover the costs and expenses thereof, with interest, from the defendant.
Mont. Code Ann. § 76-12-117 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-117
76-12-117 Application of more restrictive provisions
Status: in_force

76-12-117 . Application of more restrictive provisions. A designated natural area that is or shall become a part of a state park, wildlife refuge, or similar area shall be subject to the provisions of this part and the laws under which the other areas may be administered, and in the case of conflict between the provisions of these laws, the more restrictive provisions shall apply.
Mont. Code Ann. § 76-1-504 — MT Code / Title 76 / Chapter 1 / Part 5 / Section 76-1-504
76-1-504 Jurisdictional area of city-county planning board
Status: in_force

76-1-504 . Jurisdictional area of city-county planning board. The governing bodies represented on a city-county planning board shall by separate resolution establish the jurisdictional area of the planning board. The jurisdictional area shall include the area within the incorporated limits of the city and such contiguous unincorporated area outside the city as, in the judgment of the respective governing bodies, bears reasonable relation to the development of the area involved.
Mont. Code Ann. § 76-15-622 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-622
76-15-622 Financing of project area expenses
Status: in_force

76-15-622 . Financing of project area expenses. (1) The expense of the project area may, in the discretion of the board or boards of supervisors, be financed in whole from revenue received by regular assessments or by revenue received in part from regular assessments and in part from special assessments.

(2) Upon adoption of a budget covering necessary expenses, the board or boards of supervisors shall send a copy of such budget or apportionment thereof to the board of county commissioners of each county in the project area and the city auditor of each city in the project area.
Mont. Code Ann. § 76-14-111 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-111
76-14-111 Rangeland improvement loan program
Status: in_force

76-14-111 . Rangeland improvement loan program. The department may make rangeland improvement loans for rangeland development and improvement, including but not limited to stock water development, cross fencing, establishment of grazing systems, reseeding, mechanical renovation, sagebrush management, and weed control.
Mont. Code Ann. § 76-13-214 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-214
76-13-214 Obstruction of aerial wildfire suppression activities -- penalty -- exceptions
Status: in_force

76-13-214 . Obstruction of aerial wildfire suppression activities -- penalty -- exceptions. (1) A person may not obstruct, impede, prevent, or otherwise interfere with lawful aerial wildfire suppression activities by any means, including by the use of an unmanned aerial vehicle system.

(2) A person who violates subsection (1) is guilty of a misdemeanor and shall be punished by a fine of not more than $1,500.

(3) (a) Subsection (1) does not apply to the operation of an unmanned aerial vehicle system conducted by a unit or agency of the United States government or of a state, tribal, or local government, including any individual conducting an operation pursuant to a contract or other agreement entered into with the unit or agency, for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.

(b) Subsection (2) does not limit other remedies available for damages to any person or property or the recovery of wildfire suppression costs caused by a person who violates subsection (1).
Mont. Code Ann. § 76-1-304 — MT Code / Title 76 / Chapter 1 / Part 3 / Section 76-1-304
76-1-304 Quorum -- official action
Status: in_force

76-1-304 . Quorum -- official action. (1) A majority of members constitutes a quorum.

(2) An action of the planning board is not official unless a quorum is present and unless the action is authorized by a majority of the quorum at a regular or properly called special meeting.
Mont. Code Ann. § 76-15-403 — MT Code / Title 76 / Chapter 15 / Part 4 / Section 76-15-403
76-15-403 Operation of projects and works
Status: in_force

76-15-403 . Operation of projects and works. A conservation district and the supervisors of the conservation district may:

(1) conduct soil, vegetation, and water resources conservation projects on lands within the districts upon obtaining the consent of the owner of the lands or the necessary rights or interest in the lands;

(2) carry out preventive and control measures and works of improvement for flood prevention and the conservation, development, utilization, and disposal of water, including but not limited to engineering operations, range management, methods of cultivation, growing vegetation, changes in use of land, and the measures listed in 76-15-101 (3) on:

(a) lands within the district and owned or controlled by the state with the cooperation of the agency administering and having jurisdiction of the lands; or

(b) any other lands within the district upon obtaining the consent of the occupier of the lands or the necessary rights or interests in the lands;

(3) cooperate or enter into agreements with and, within the limits of appropriations duly made available to it by law, furnish financial or other aid to any governmental or other agency or any occupier of lands within the district, subject to any conditions that the supervisors consider necessary to advance the purposes of this chapter, to conduct or complete:

(a) erosion control and prevention operations; and

(b) works of improvement for flood prevention and the conservation, development, utilization, and disposal of water within the district;

(4) construct, improve, operate, and maintain any structures that are necessary or convenient for the performance of any of the operations authorized in this chapter;

(5) purchase, lease, or otherwise take over and administer projects undertaken by the United States or the state within the district boundaries for:

(a) soil conservation;

(b) flood prevention;

(c) drainage;

(d) irrigation;

(e) water management;

(f) erosion control; or

(g) erosion prevention;

(6) manage, as agent of the United States or of the state any of the types of projects identified in subsection (5) within its boundaries;

(7) act as agent for the United States or for the state in connection with the acquisition, construction, operation, or administration of any of the types of projects identified in subsection (5) within its boundaries;

(8) accept donations, gifts, and contributions in money, services, materials, or otherwise from the United States, from the state, or from any other source and use or expend funds or other contributions to conduct its operations;

(9) execute its duties and responsibilities under Title 75, chapter 7, part 1, pursuant to the procedures of this chapter; or

(10) execute projects for the conservation, development, storage, distribution, and utilization of water, including but not limited to projects for the following purposes:

(a) irrigation;

(b) flood prevention;

(c) drainage;

(d) fish and wildlife;

(e) recreation;

(f) development of power; or

(g) supplying water for fire protection, livestock, or public, domestic, industrial, or other uses.
Mont. Code Ann. § 76-7-206 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-206
76-7-206 Assignability of easements
Status: in_force

76-7-206 . Assignability of easements. For the purpose of this chapter, an environmental control easement is assignable unless the instrument of conveyance or ownership expressly provides otherwise. An assignee must be qualified under the terms of this chapter to hold an environmental control easement. If an assignment is made in violation of the provisions of this section or in violation of the express terms of the instrument creating the easement, the assignment is void and the environmental control easement interests and obligations remain with the assignor.
Mont. Code Ann. § 76-5-301 — MT Code / Title 76 / Chapter 5 / Part 3 / Section 76-5-301
76-5-301 Land use regulations
Status: in_force

76-5-301 . Land use regulations. (1) Upon transmittal of the flood plain information to officials of a political subdivision, the political subdivision has 6 months from the date of transmittal to adopt land use regulations that meet or exceed the minimum standards of the department. The regulations may include, for the purposes of flood plain management only, flood plain management regulations within sheetflood areas as determined by the federal emergency management agency.

(2) If within the 6-month period the political subdivision has failed to adopt the land use regulations, the department shall enforce the minimum standards within the designated flood plain or the designated floodway as established by the department under 76-5-202 through 76-5-205 , and an artificial obstruction or nonconforming use may not be established by any person within the designated flood plain or the designated floodway unless specifically authorized by the department.

(3) A political subdivision that has failed to adopt land use regulations that meet or exceed the minimum standards of the department within the 6-month period may subsequently adopt regulations, and if approved by the department, the regulations are effective within the designated flood plain or floodway and must be administered and enforced by the political subdivision.

(4) When necessary for compliance with federal flood insurance requirements, the department may shorten the 6-month period upon notification to the political subdivision and publication of a notice of the revised period in a newspaper of general circulation in the affected area once a week for 3 consecutive weeks.
Mont. Code Ann. § 76-15-905 — MT Code / Title 76 / Chapter 15 / Part 9 / Section 76-15-905
76-15-905 Coal bed methane protection program -- restrictions
Status: in_force

76-15-905 . Coal bed methane protection program -- restrictions. (1) There is a coal bed methane protection program administered by conservation districts that have coal beds within the exterior boundary of the district or whose water sources may be adversely affected by the extraction of coal bed methane. The purpose of the coal bed methane protection program is to compensate private landowners or water right holders for damage caused by coal bed methane development.

(2) A conservation district shall establish procedures, approved by the department, for evaluating claims for compensation submitted by a landowner or water right holder. The procedures must include:

(a) a method for submitting an application for compensation for damages caused by coal bed methane development;

(b) a process for determining the cost of the damage to land, surface water, or ground water, if any, caused by coal bed methane development;

(c) the development of eligibility requirements for receiving compensation that include an applicant's access to existing sources of state funding, including state-mandated payments, that compensate for damages; and

(d) criteria for ranking applications related to available resources.

(3) An eligible recipient for compensation includes private landowners and water right holders who can demonstrate as the result of damage caused by coal bed methane development:

(a) a loss of agricultural production or a loss in the value of land;

(b) a reduction in the quantity or quality of water available from a surface water or ground water source that affects the beneficial use of water; or

(c) the contamination of surface water or ground water that prevents its beneficial use.

(4) (a) Subject to the conditions of subsections (5) through (8), an eligible landowner may be compensated for the damages incurred by the landowner for loss of agricultural production and income, lost land value, and lost value of improvements caused by coal bed methane development. A payment made under this subsection (4)(a) may only cover land directly affected by coal bed methane development.

(b) Subject to the conditions of subsections (5) through (8), an eligible water right holder may be compensated for damages caused by the contamination, diminution, or interruption of surface water or ground water.

(5) In order to qualify for a payment of damages under this section, the landowner or water right holder shall demonstrate that it is unlikely that compensation will be made by the coal bed methane developer or operator who is liable for the damage to land or the reduction in or contamination of surface water or ground water as the result of coal bed methane development.

(6) Compensation made to a landowner or a water right holder under this section may not exceed 75% of the cost of the damages. The maximum amount paid to a landowner or water right holder may not exceed $50,000.

(7) Conservation district administrative expenses for services provided under this section are eligible costs for reimbursement from the coal bed methane protection account.

(8) (a) Except as provided in subsection (8)(b), compensation for damages allowed under this section may be made only after June 30, 2011.

(b) Compensation for an emergency may be made after June 30, 2005.
Mont. Code Ann. § 76-5-1117 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1117
76-5-1117 Bonds authorized -- procedure
Status: in_force

76-5-1117 . Bonds authorized -- procedure. Cities, towns, and counties are authorized to contract indebtedness and to issue special improvement district or rural improvement district bonds to provide funds for the payment of the cost of improvements contemplated by this part by following the procedures established for the issuance of such bonds under the provisions of Title 7, chapter 12, part 42, as to cities and towns and Title 7, chapter 12, part 21, as to counties. Payment and security for the bonds shall be provided by following the following procedures:

(1) Tax assessments for the payment of the bonds shall be levied in accordance with Title 7, chapter 12, parts 41 and 42, or Title 7, chapter 12, part 21, as to cities and counties, respectively, or 76-5-1114 (1).

(2) A revolving fund, to be pledged for the security of the bonds, must be established pursuant to the provisions of Title 7, chapter 12, part 42, as to cities and towns, and Title 7, chapter 12, part 21, as to counties, by the governing body authorizing the issuance of the bonds.
Mont. Code Ann. § 76-5-403 — MT Code / Title 76 / Chapter 5 / Part 4 / Section 76-5-403
76-5-403 Prohibited uses within floodway
Status: in_force

76-5-403 . Prohibited uses within floodway. The following nonconforming uses shall be prohibited within the designated floodway:

(1) a building for living purposes or place of assembly or permanent use by human beings;

(2) a structure or excavation that will cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, or reduce the carrying capacity of the floodway;

(3) the construction or permanent storage of an object subject to flotation or movement during flood level periods.
Mont. Code Ann. § 76-7-102 — MT Code / Title 76 / Chapter 7 / Part 1 / Section 76-7-102
76-7-102 Intent, findings, and purpose
Status: in_force

76-7-102 . Intent, findings, and purpose. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Environmental Control Easement Act. It is the legislature's intent that the requirements of this chapter provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.

(2) The legislature finds that:

(a) numerous sites throughout the state contain or may contain hazardous wastes or substances that may threaten the public health, safety, or welfare or the environment if certain uses are permitted on these sites or if certain activities are not performed on these sites;

(b) at some sites, protection of the public health, safety, or welfare or the environment may be enhanced by the application and enforcement of certain restrictions on the future use of the site or requirements for performance of certain activities;

(c) the creation of an enforceable easement mechanism for imposing restrictions on the use of a site and requiring performance of operations and maintenance activities may help protect the public health, safety, and welfare and the environment by:

(i) preventing or minimizing the exposure of the public to hazardous wastes or substances;

(ii) preventing the disturbance of important features of remediation work and remedial technologies employed at the site;

(iii) ensuring that the presence of hazardous wastes or substances and the features of remediation work and remedial technologies are properly considered in the future use or development of a site; or

(iv) requiring the performance of certain activities or the prohibition or limitation of certain activities, with respect to the site; and

(d) the expenditure of public funds for the acquisition or designation of interests and rights in real property to protect the public health, safety, and welfare and the environment is in the public's interest.

(3) It is the purpose of this chapter to authorize and enable federal public entities, other public bodies, and certain qualifying private organizations to provide for:

(a) the monitoring and protection of environmental control sites to ensure that those sites are not used for purposes that may threaten the public health, safety, or welfare or the environment;

(b) a process of reviewing the need for specialized construction, development, use, and safety measures if the owner or user of an environmental control site proposes a new use for which any contamination might present a risk to the public health, safety, or welfare or the environment; and

(c) a mechanism for prohibiting or limiting certain activities or requiring certain activities on an environmental control site to enhance protection of the public health, safety, or welfare or the environment.
Mont. Code Ann. § 76-3-104 — MT Code / Title 76 / Chapter 3 / Part 1 / Section 76-3-104
76-3-104 What constitutes subdivision
Status: in_force

76-3-104 . What constitutes subdivision. A subdivision comprises only those parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section when the parcels have been segregated from the original tract. The subdivision plat must show all the parcels whether contiguous or not.
Mont. Code Ann. § 76-16-309 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-309
76-16-309 Knowledge of state district boundaries responsibility of livestock owner
Status: in_force

76-16-309 . Knowledge of state district boundaries responsibility of livestock owner. A person herding or in control of livestock in the approximate vicinity of a state district shall ascertain the boundary lines of the state district.
Mont. Code Ann. § 76-3-503 — MT Code / Title 76 / Chapter 3 / Part 5 / Section 76-3-503
76-3-503 Hearing on proposed regulations
Status: in_force

76-3-503 . Hearing on proposed regulations. Before the governing body adopts subdivision regulations pursuant to 76-3-501 or 76-3-509 , it shall hold a public hearing on the regulations and shall give public notice of its intent to adopt the regulations and of the public hearing by publication of notice of the time and place of the hearing as provided in 7-1-2121 if the governing body is a county commission or as provided in 7-1-4127 for a time period in accordance with 7-1-4127 (7)(b) if the governing body is a city commission or a town council.
Mont. Code Ann. § 76-5-110 — MT Code / Title 76 / Chapter 5 / Part 1 / Section 76-5-110
76-5-110 Penalties for violation
Status: in_force

76-5-110 . Penalties for violation. Any person who violates 76-5-401 through 76-5-404 shall be guilty of a misdemeanor and shall upon conviction thereof be fined not more than $100 or be imprisoned in the county jail for not more than 10 days or be both so fined and imprisoned. Each day's continuance of a violation shall be deemed a separate and distinct offense.
Mont. Code Ann. § 76-16-308 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-308
76-16-308 Regulation of stock grazing in state district
Status: in_force

76-16-308 . Regulation of stock grazing in state district. A state district may:

(1) specify the breed, quality, and number of male breeding animals that each member must furnish when stock is grazing in common in the state district;

(2) regulate the driving of stock over, across, into, or through the range and collect fees for driving stock.
Mont. Code Ann. § 76-2-109 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-109
76-2-109 Effect on natural resources
Status: in_force

76-2-109 . Effect on natural resources. (1) Regulations adopted under this part may not regulate lands used for grazing, horticulture, agriculture, the growing of timber, or the complete use, development, or recovery of any mineral.

(2) (a) A provision of this part may not be construed to alter Montana law regarding the primacy of the mineral estate, to limit access to the mineral estate, or to limit development of the mineral estate.

(b) A regulation, resolution, or rule adopted pursuant to the provisions of this part may not prevent the complete use, development, or recovery of any mineral that is under the jurisdiction of the board of oil and gas conservation pursuant to Title 82, chapter 11, part 1.
Mont. Code Ann. § 76-13-423 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-423
76-13-423 When additional notification required
Status: in_force

76-13-423 . When additional notification required. (1) Except as provided in subsection (2), the department may require only one notification for each timber sale, even though multiple forest practices may be conducted.

(2) If an operator modifies the operator's proposed forest practices in a manner that substantially alters the potential watershed disturbance, the operator shall submit a revised notification to the department.
Mont. Code Ann. § 76-16-305 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-305
76-16-305 Acquisition and disposal of property
Status: in_force

76-16-305 . Acquisition and disposal of property. A state district may:

(1) purchase or market livestock and livestock products and purchase supplies and equipment. These supplies may include among other things grass, grass seed, or forage, whether attached to and upon or severed from the land.

(2) acquire forage-producing lands, including agricultural lands when necessary to comply with the purposes and directives of this chapter, by lease, purchase, cooperative agreements, or otherwise, either from the United States, the state of Montana, or the county or counties in which the lands are located or from private owners. All lands to which a state district may acquire title may be disposed of by exchange, sale, or otherwise.

(3) acquire or construct fences, reservoirs, or other facilities for the care of livestock and lease or purchase lands for such purposes.
Mont. Code Ann. § 76-21-102 — MT Code / Title 76 / Chapter 21 / Part 1 / Section 76-21-102
76-21-102 Terminated
Status: in_force

76-21-102 . Terminated. Sec. 14, Ch. 652, L. 1983.
Mont. Code Ann. § 76-5-104 — MT Code / Title 76 / Chapter 5 / Part 1 / Section 76-5-104
76-5-104 Presumption that depression is watercourse
Status: in_force

76-5-104 . Presumption that depression is watercourse. In the event of doubt as to whether a depression is a watercourse or drainway, it shall be presumed to be a watercourse.
Mont. Code Ann. § 76-25-209 — MT Code / Title 76 / Chapter 25 / Part 2 / Section 76-25-209
76-25-209 Natural resources, environment, and hazards
Status: in_force

76-25-209 . Natural resources, environment, and hazards. (1) The land use plan must:

(a) include inventories and maps of natural resources within the jurisdiction, including but not limited to agricultural lands, agricultural water user facilities, minerals, sand and gravel resources, forestry lands, and other natural resources identified by the local government;

(b) describe the natural resource characteristics of the jurisdictional area, including a summary of historical natural resource utilization, data on existing utilization, and projected future trends;

(c) include an inventory, maps, and description of the natural environment of the jurisdictional area, including a summary of important natural features and the conditions of and real and potential threats to soils, geology, topography, vegetation, surface water, groundwater, aquifers, floodplains, scenic resources, wildlife, wildlife habitat, wildlife corridors, and wildlife nesting sites within the jurisdiction; and

(d) include maps of, identify factors related to, and describe natural hazards within the jurisdictional area, including flooding, fire, earthquakes, steep slopes and other known geologic hazards and other natural hazards identified by the jurisdiction, with a summary of past significant events resulting from natural hazards that includes:

(i) a description of land use constraints resulting from natural hazards;

(ii) a description of the efforts that have been taken within the local jurisdiction to mitigate the impact of natural hazards; and

(iii) a description of the role that natural resources and the environment play in the local economy.

(2) The local government may incorporate by reference any information or policies identified in other relevant assessments of natural resources, environment, or hazards.

(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. § 76-16-410 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-410
76-16-410 Compensation to state district for range improvements
Status: in_force

76-16-410 . Compensation to state district for range improvements. Subsequent lessees or owners of land shall compensate a state district for the value of range improvements constructed with the consent of the owner upon lands leased by the state district. The value must be the value at the expiration date of the lease. If the owner and the state district cannot agree as to the value, the state district may either remove or abandon the improvement. If the subsequent lessee and the state district cannot agree as to the value, it must be fixed by the commission.
Mont. Code Ann. § 76-6-201 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-201
76-6-201 Conservation easements in general
Status: in_force

76-6-201 . Conservation easements in general. (1) Where a public body acquires under this chapter an interest in land less than fee, this acquisition shall be by conservation easement.

(2) A conservation easement may be applied to urban or nonurban land.
Mont. Code Ann. § 76-5-208 — MT Code / Title 76 / Chapter 5 / Part 2 / Section 76-5-208
76-5-208 Orders and rules
Status: in_force

76-5-208 . Orders and rules. (1) The department may adopt orders and rules to implement parts 1 through 4 of this chapter. All orders and rules must be on file at the offices of the department and in the office of the county clerk and recorder of each county affected by the order or rule.

(2) In addition to any requirement imposed by 76-5-202 through 76-5-205 , the department shall provide notice by mail to the titleholder of land adjacent to a watercourse or drainway that would be specifically affected by a proposed order. The notice must be provided at least 10 days prior to a hearing, if one is required, or at least 10 days prior to the effective date of the order if a hearing is not required.
Mont. Code Ann. § 76-16-207 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-207
76-16-207 Filing of map or plat of state district
Status: in_force

76-16-207 . Filing of map or plat of state district. A state district shall, upon completion of its organization, file with the commission and the county clerk and recorder of each county in which its lands lie a map or plat of the external boundaries of the state district showing the allocation of individual allotments, members running in common allotments, allotment names, and references to lands used as base properties, along with a copy of its articles of incorporation. If the boundaries of a state district are changed and the changes are approved by the commission after a hearing, the state district shall file with the county clerk or clerks and with the commission a revised map or plat indicating the changed boundaries.
Mont. Code Ann. § 76-13-407 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-407
76-13-407 Reduction of slash and debris along right-of-way
Status: in_force

76-13-407 . Reduction of slash and debris along right-of-way. (1) A person clearing right-of-way for any railroad, public highway, public trail, private road, trail, ditch, dike, pipeline or wire lines, or any other transmission or transportation utility right-of-way, except temporary roads located within the boundaries of the cutting area and which are used in the actual logging operations, shall reduce the hazard resulting from the clearing or from the cutting of material for the construction of the public or private utility unless exempted by the department. At least 10 days before commencement of the clearing, the person conducting the clearing shall notify the department of commencement of the clearing in the form and manner the department provides.

(2) Hazard reduction, excluding burning where this method is used, shall be done as rapidly as cutting or clearing progresses.

(3) This section applies to all clearing of rights-of-way across private land and on behalf of the state, county, highway districts, and road districts, whether the work is done by day labor or by contract, and unless unavoidable emergency prevents, provision shall be made by the proper officials conducting, directing, or letting the work for withholding until it is complete a sufficient portion of the payment to assure compliance with this part.
Mont. Code Ann. § 76-15-623 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-623
76-15-623 Administration of special assessment
Status: in_force

76-15-623 . Administration of special assessment. (1) Subject to 15-10-420 , when the board or boards of supervisors have determined that a special assessment is necessary, the board of county commissioners of the county in which there lies any portion of a project area may annually at the time of levying county taxes levy a special assessment on the taxable value of all taxable property in the project area. The levy must be known as the ".... (name of district) soil and water conservation district special assessment" and must be sufficient to raise the income reported to it in the estimate of the supervisors.

(2) Each lot or parcel of land to be assessed must be assessed with that part of the amount of money required that its taxable value bears to the total taxable value of all the lands to be assessed.
Mont. Code Ann. § 76-4-135 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-135
76-4-135 State regulations no more stringent than federal regulations or guidelines
Status: in_force

76-4-135 . State regulations no more stringent than federal regulations or guidelines. (1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.

(2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:

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

(b) the state 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 department'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 state standard or requirement.

(4) (a) A person affected by a rule of the department adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the department to review the rule. If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal 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 rule. The department may charge a petition filing fee in an amount not to exceed $250.

(b) A person may also petition the department for a rule review under subsection (4)(a) if the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.

(5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303 (1).
Mont. Code Ann. § 76-13-121 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-121
76-13-121 Permit for burning required
Status: in_force

76-13-121 . (Temporary) Permit for burning required. (1) During the wildfire season or an expansion of the wildfire season, a person may not ignite or set a fire, including a slash-burning fire, land-clearing fire, debris-burning fire, or, except as provided in subsection (2), an open fire without an official written permit to ignite or set the fire from the recognized agency for that protection area.

(2) (a) If no restrictions are in place, a permit is not needed for recreational fires measuring less than 48 inches in diameter that are surrounded by a nonflammable area or structure and for which a suitable source of extinguishing the fire is available.

(b) A recreational fire may not be ignited if special restrictions prohibiting recreational fires have been established by an authority having jurisdiction.
Mont. Code Ann. § 76-2-312 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-312
76-2-312 Exclusion for commission-manager plan municipalities
Status: in_force

76-2-312 . Exclusion for commission-manager plan municipalities. A city or town which has as its plan of government the commission-manager plan shall be excluded from the provisions of 76-2-310 and 76-2-311 which define extraterritorial authority to review proposed subdivisions.
Mont. Code Ann. § 76-2-325 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-325
76-2-325 Public access to board activities
Status: in_force

76-2-325 . Public access to board activities. (1) All meetings of the board shall be open to the public.

(2) The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
Mont. Code Ann. § 76-16-208 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-208
76-16-208 Adoption of bylaws and periodic review -- annual report
Status: in_force

76-16-208 . Adoption of bylaws and periodic review -- annual report. (1) A state district incorporated under this chapter shall within 60 days after its incorporation adopt bylaws approved by the commission. The bylaws may be amended or revised with the approval of the commission. Each incorporated state district shall review and update its bylaws to ensure compliance with this chapter and the general laws of this state. A review and update must be completed at reasonable intervals, not to exceed 5 years.

(2) Each state district incorporated under this chapter shall report annually to the commission any changes to the allocation of grazing preferences, redefinitions of grazing allotment boundaries, or dispositions of base properties within the state district. The annual reports must include an updated plat depicting current allocation of grazing preferences, grazing allotment boundaries, and a list of all members running in common allotments where more than one member may have grazing preferences.
Mont. Code Ann. § 76-16-409 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-409
76-16-409 Transfer of underlying property
Status: in_force

76-16-409 . Transfer of underlying property. (1) When the land to which a grazing preference is attached changes its control or ownership, the grazing preference changes with the land and the person to which the control or ownership changes shall secure a nonuse permit or shall pay the usual grazing fees.

(2) If the person fails to secure a nonuse permit or refuses to pay the grazing fees, the grazing preferences may be revoked by the state district.
Mont. Code Ann. § 76-4-107 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-107
76-4-107 Authority to inspect and monitor -- certification
Status: in_force

76-4-107 . Authority to inspect and monitor -- certification. (1) In order to carry out the objectives of this part, to monitor the installation of sewage disposal and water supply systems, and to prevent the occurrence of water pollution problems associated with subdivision development, the reviewing authority, whenever any water supply or sewage disposal system is proposed or has been constructed, may:

(a) enter any public or private property, at reasonable times and after presentation of appropriate credentials by an authorized representative of the reviewing authority, to inspect the system in order to ensure that the plans and specifications approved for the system have been adhered to and that the provisions of this part, rules, or orders are being satisfied;

(b) require as a condition of approval that records concerning the operation of a sewage disposal or water supply system be maintained or that monitoring equipment or wells be installed, used, and maintained for the collection of data related to water quality.

(2) The reviewing authority shall require certification from a registered professional engineer that a public water supply system or a public sewage disposal system required by rule to be designed by a registered professional engineer has been constructed according to approved plans and specifications.
Mont. Code Ann. § 76-13-801 — MT Code / Title 76 / Chapter 13 / Part 8 / Section 76-13-801
76-13-801 Terminated
Status: in_force

76-13-801 . Terminated. Sec. 7, Ch. 289, L. 2009.
Mont. Code Ann. § 76-8-102 — MT Code / Title 76 / Chapter 8 / Part 1 / Section 76-8-102
76-8-102 Buildings for lease or rent -- review procedure
Status: in_force

76-8-102 . Buildings for lease or rent -- review procedure. (1) Unless the buildings are exempt from review as provided in 76-8-103 or subject to review as provided in 76-8-106 , an application for the creation of buildings for lease or rent on a single tract must be reviewed as provided in this section.

(2) An application pursuant to this section for the creation of buildings for lease or rent must be submitted for review to:

(a) the governing body or its agent or agency in which the buildings are proposed to be located; and

(b) the department or local reviewing authority if review by the department or local reviewing authority is required by Title 76, chapter 4 or to the local board or department of health if review is required by Title 50.

(3) (a) Upon receipt of an application and any applicable fees, the governing body or its agent or agency shall within 10 working days determine whether the application contains the required materials and sufficient information for review. The governing body or its agent or agency shall notify the applicant in writing as to whether the application is complete. If the application is incomplete, the governing body shall identify any missing materials or insufficient information.

(b) After the governing body or its agent or agency has notified the applicant that the application is complete, the governing body shall approve, conditionally approve, or deny the application for the creation of buildings for lease or rent pursuant to this section within 60 working days. The applicant and the governing body may agree to extend the time for review in writing.

(c) Review and approval, conditional approval, or denial of an application for the creation of buildings for lease or rent pursuant to this section must be based upon the regulations in effect at the time an application is determined to be complete. If regulations change during the period that the application is determined to be complete, the determination of whether the application is complete must be based on the new regulations.

(4) The governing body may establish a reasonable fee to be paid by the landowner commensurate with the cost of reviewing applications submitted pursuant to this section.

(5) If the governing body denies, approves, or conditionally approves the proposed creation of buildings for lease or rent pursuant to this section, the governing body shall provide written notification to the landowner within the 60 working-day period provided in this section.
Mont. Code Ann. § 76-3-605 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-605
76-3-605 Hearing on subdivision application
Status: in_force

76-3-605 . Hearing on subdivision application. (1) Except as provided in 76-3-609 and 76-3-616 and subject to the regulations adopted pursuant to 76-3-504 (1)(o) and 76-3-615 , at least one public hearing on the subdivision application must be held by the governing body, its authorized agent or agency, or both and the governing body, its authorized agent or agency, or both shall consider all relevant evidence relating to the public health, safety, and welfare, including the environmental assessment if required, to determine whether the subdivision application should be approved, conditionally approved, or denied by the governing body.

(2) When a proposed subdivision is also proposed to be annexed to a municipality, the governing body of the municipality shall hold joint hearings on the subdivision application and annexation whenever possible.

(3) Notice of the hearing must be published as provided in 7-1-2121 if the governing body is a county commission or as provided in 7-1-4127 for a time period in accordance with 7-1-4127 (7)(b) if the governing body is a city commission or a town council. The subdivider, each property owner of record whose property is immediately adjoining the land included in the preliminary plat, and each purchaser under contract for deed of property immediately adjoining the land included in the preliminary plat must also be notified of the hearing by registered or certified mail postmarked not less than 15 business days prior to the date of the hearing.

(4) When a hearing is held by an agent or agency designated by the governing body, the agent or agency shall act in an advisory capacity and recommend to the governing body the approval, conditional approval, or denial of the proposed subdivision. This recommendation must be submitted to the governing body in writing not later than 10 working days after the public hearing.
Mont. Code Ann. § 76-12-112 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-112
76-12-112 Duties of board -- administrative rules and hearing requirements
Status: in_force

76-12-112 . Duties of board -- administrative rules and hearing requirements. (1) The board shall, after at least one public hearing, promulgate comprehensive regulations for the protection of acquired and designated natural areas within its jurisdiction. Such regulations shall be consistent with the intent of this part and shall be promulgated and enforced so as to protect the qualities of the natural areas. Special attention shall be given to protecting areas from recreational overuse.

(2) The regulations shall provide for meetings by the board for the receipt of testimony on the department's proposed designation of natural areas. No area shall be designated by the board unless the opportunity for public testimony has been afforded at meetings provided for in the regulations and positive notification of all involved landowners and lessees has been made.

(3) The board shall consider the department's recommendations as provided in 76-12-121 (4) and issue a statement of its decision.
Mont. Code Ann. § 76-25-503 — MT Code / Title 76 / Chapter 25 / Part 5 / Section 76-25-503
76-25-503 Appeals -- public hearing and notice
Status: in_force

76-25-503 . Appeals -- public hearing and notice. (1) Appeals of any final decisions made pursuant to this chapter must be made in accordance with this section.

(2) For a challenge to the adoption of or amendment to a land use plan, zoning regulation, zoning map, or subdivision regulation, a petition setting forth the basis for the challenge must be presented to the district court within 30 days of the date of the resolution or ordinance adopted by the governing body.

(3) (a) Any final administrative land use decision, including but not limited to approval or denial of a zoning permit, preliminary plat or final plat, imposition of a condition on a zoning permit or plat, approval or denial of a variance from a zoning or subdivision regulation, or interpretation of land use regulations or map may be appealed by the applicant or any aggrieved person to the planning commission.

(b) An appeal under subsection (3)(a) must be submitted in writing within 15 business days of the challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.

(c) (i) The planning commission shall hold a public hearing to hear the appeal de novo. The planning commission is not bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant has the burden of proving that the appealed decision was made in error.

(ii) Notice of the appeal must be published as provided in 7-1-2121 or 7-1-4127 , as applicable.

(d) A decision of the planning commission on appeal takes effect on the date when the planning commission issues a written decision.

(4) (a) Any final land use decision by the planning commission may be appealed by the applicant, planning administrator, or any aggrieved person to the governing body.

(b) An appeal under subsection (4)(a) must be submitted in writing within 15 business days of the challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.

(c) (i) The governing body shall hold a public hearing to hear the appeal de novo. The governing body is not bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant has the burden of proving that the appealed decision was made in error.

(ii) Notice of the appeal must be published as provided in 7-1-2121 or 7-1-4127 , as applicable.

(d) A decision of the governing body on appeal takes effect on the date when the governing body issues a written decision.

(5) (a) No person may challenge in district court a land use decision until that person has exhausted the person's administrative appeal process as provided in this section.

(b) Any final land use decision of the governing body may be challenged by presenting a petition setting forth the grounds for review of a final land use decision with the district court within 30 calendar days after the written decision is issued.

(c) A challenge in district court to a final land use decision of the governing body is limited to the issues raised by the challenger on administrative appeal.

(6) Every final land use decision made pursuant to this section must be based on the administrative record as a whole and must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.

(7) Nothing in this chapter is subject to any provision of Title 2, chapter 4.
Mont. Code Ann. § 76-7-103 — MT Code / Title 76 / Chapter 7 / Part 1 / Section 76-7-103
76-7-103 Definitions
Status: in_force

76-7-103 . Definitions. As used in this chapter, the following definitions apply:

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

(2) "Environmental control easement" or "easement" means an easement created under this chapter that burdens an environmental control site, that runs with the land, and that is binding on the owner and subsequent owners, lessees, and other users of the land. The easement may require the relinquishment of some or all rights to use the land or its surface or subsurface or the water in, upon, or under the land to the extent provided in the instrument granting the easement.

(3) "Environmental control site" or "site" means any site, including the surface and subsurface of the land and the surface and subsurface resources in, upon, or under the land, including, without limitation, minerals and water that may contain hazardous wastes or substances or that may require remediation, reclamation, or restoration pursuant to federal, state, or local law or regulation.

(4) "Federal public entity" means the United States of America, the United States environmental protection agency, or any other federal government agency or authority and its successors or assigns.

(5) "Governmental order" means a consent decree, judgment, decision, order, agreement, or other requirement authorized or imposed by or under any federal or state law affecting an environmental control site.

(6) "Hazardous wastes or substances" means those hazardous or toxic substances, wastes, materials, pollutants, or contaminants that are subject to regulation by federal, state, or local environmental protection laws or that are defined pursuant to 75-10-403 , 75-10-602 , and 75-10-702 .

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

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

(a) competent to own interests in real property;

(b) that qualifies and holds a general tax exemption under the federal Internal Revenue Code, 26 U.S.C. 501(c); and

(c) whose organizational purposes are designed to further the purposes of this chapter.
Mont. Code Ann. § 76-15-104 — MT Code / Title 76 / Chapter 15 / Part 1 / Section 76-15-104
76-15-104 Adjournment of hearings
Status: in_force

76-15-104 . Adjournment of hearings. At any hearing held pursuant to the notice, at the time and place designated in the notice, adjournment may be made from time to time without the necessity of renewing the notice for the adjourned dates.
Mont. Code Ann. § 76-1-202 — MT Code / Title 76 / Chapter 1 / Part 2 / Section 76-1-202
76-1-202 Qualifications of citizen members of city-county planning board
Status: in_force

76-1-202 . Qualifications of citizen members of city-county planning board. (1) The citizen members of the city-county planning board shall be resident freeholders in the area over which the planning board has jurisdiction; provided, however, that at least two of such members shall be resident freeholders in the area, if any, outside the city limits over which the planning board has jurisdiction and the two members appointed by the county commissioners shall reside outside the city limits but within the jurisdictional area of the planning board.

(2) Any citizen appointee may be removed from office by a majority vote of the governing body of the governmental unit represented by such appointee.
Mont. Code Ann. § 76-3-604 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-604
76-3-604 Review of subdivision application -- review for required elements and sufficiency of information
Status: in_force

76-3-604 . Review of subdivision application -- review for required elements and sufficiency of information. (1) (a) A subdivision application is considered to be received on the date of delivery to the reviewing agent or agency and when accompanied by the review fee submitted as provided in 76-3-602 .

(b) Within 5 working days of receipt of a subdivision application, the reviewing agent or agency shall determine whether the application contains all of the listed materials as required by 76-3-504 (1)(a) and shall notify the subdivider or, with the subdivider's written permission, the subdivider's agent of the reviewing agent's or agency's determination. If the reviewing agent or agency determines that elements are missing from the application, the reviewing agent or agency shall identify those elements in the notification.

(2) (a) Within 15 working days after the reviewing agent or agency notifies the subdivider or the subdivider's agent that the application contains all of the required elements as provided in subsection (1), the reviewing agent or agency shall determine whether the application and required elements contain detailed, supporting information that is sufficient to allow for the review of the proposed subdivision under the provisions of this chapter and the local regulations adopted pursuant to this chapter and shall notify the subdivider or, with the subdivider's written permission, the subdivider's agent of the reviewing agent's or agency's determination.

(b) If the reviewing agent or agency determines that information in the application is not sufficient to allow for review of the proposed subdivision, the reviewing agent or agency shall identify the insufficient information in its notification.

(c) A determination that an application contains sufficient information for review as provided in this subsection (2) does not ensure that the proposed subdivision will be approved or conditionally approved by the governing body and does not limit the ability of the reviewing agent or agency or the governing body to request additional information during the review process.

(3) The time limits provided in subsections (1) and (2) apply to each submittal of the application until:

(a) a determination is made that the application contains the required elements and sufficient information; and

(b) the subdivider or the subdivider's agent is notified.

(4) After the reviewing agent or agency has notified the subdivider or the subdivider's agent that an application contains sufficient information as provided in subsection (2), the governing body shall approve, conditionally approve, or deny the proposed subdivision within 60 working days or 80 working days if the proposed subdivision contains 50 or more lots, based on its determination of whether the application conforms to the provisions of this chapter and to the local regulations adopted pursuant to this chapter, unless:

(a) the subdivider and the reviewing agent or agency agree to an extension or suspension of the review period, not to exceed 1 year; or

(b) a subsequent public hearing is scheduled and held as provided in 76-3-615 .

(5) (a) If the governing body fails to comply with the time limits under subsection (4), the governing body shall pay to the subdivider a financial penalty of $50 per lot per month or a pro rata portion of a month, not to exceed the total amount of the subdivision review fee collected by the governing body for the subdivision application, until the governing body denies, approves, or conditionally approves the subdivision.

(b) The provisions of subsection (5)(a) do not apply if the review period is extended or suspended pursuant to subsection (4).

(6) If the governing body denies or conditionally approves the proposed subdivision, it shall send the subdivider a letter, with the appropriate signature, that complies with the provisions of 76-3-620 .

(7) (a) The governing body shall collect public comment submitted at a hearing or hearings regarding the information presented pursuant to 76-3-622 and shall make any comments submitted or a summary of the comments submitted available to the subdivider within 30 days after conditional approval or approval of the subdivision application and preliminary plat.

(b) The subdivider shall, as part of the subdivider's application for sanitation approval, forward the comments or the summary provided by the governing body to the:

(i) reviewing authority provided for in Title 76, chapter 4, for subdivisions that will create one or more parcels containing less than 20 acres; and

(ii) local health department or board of health for proposed subdivisions that will create one or more parcels containing 20 acres or more and less than 160 acres.

(8) (a) For a proposed subdivision that will create one or more parcels containing less than 20 acres, the governing body may require approval by the department of environmental quality as a condition of approval of the final plat.

(b) For a proposed subdivision that will create one or more parcels containing 20 acres or more, the governing body may condition approval of the final plat upon the subdivider demonstrating, pursuant to 76-3-622 , that there is an adequate water source and at least one area for a septic system and a replacement drainfield for each lot.

(c) 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, a determination may be made that an application for a proposed subdivision contains the required elements and sufficient information for review if the applicant demonstrates 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 .

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

(b) If regulations change during the review periods provided in subsections (1) and (2), the determination of whether the application contains the required elements and sufficient information must be based on the new regulations.

(10) Unless otherwise provided by law, the governing body may review but does not have approval authority of the governing documents of the subdivision or amendments to the governing documents unless the governing documents directly and materially impact a condition of subdivision approval.
Mont. Code Ann. § 76-15-206 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-206
76-15-206 Determination of administrative practicability of district
Status: in_force

76-15-206 . Determination of administrative practicability of district. After the department has made and recorded a determination that there is need in the interest of the public health, safety, and welfare for the organization of a district in a particular territory and has defined the boundaries of the district, it shall consider the question whether the operation of a district within the boundaries with the powers conferred upon conservation districts in this chapter is administratively practicable and feasible.
Mont. Code Ann. § 76-15-106 — MT Code / Title 76 / Chapter 15 / Part 1 / Section 76-15-106
76-15-106 Conservation district account
Status: in_force

76-15-106 . Conservation district account. There is a conservation district account in the state special revenue fund established by 17-2-102 to be administered by the department of natural resources and conservation for providing funding for conservation districts.
Mont. Code Ann. § 76-25-401 — MT Code / Title 76 / Chapter 25 / Part 4 / Section 76-25-401
76-25-401 Authority to adopt local subdivision regulations -- limitations
Status: in_force

76-25-401 . Authority to adopt local subdivision regulations -- limitations. (1) (a) Within its respective jurisdiction, a local government shall regulate the creation of lots in substantial compliance with its adopted land use plan and zoning regulations by adopting subdivision regulations.

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

(c) A municipality shall adopt subdivision regulations for those portions of the jurisdictional area outside the boundaries of the municipality that the governing body anticipates may be annexed into the municipality over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, subdivision regulations on property outside the municipal boundaries may not apply or be enforced until the areas are annexed or being annexed into the municipality.

(2) The subdivision regulations must provide a process for the application and consideration of subdivision exemptions, certificates of survey, preliminary plats, and final plats as necessary for the implementation of this chapter.

(3) (a) A local governing body may not require, as a condition for approval of a subdivision under this part:

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

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

(b) A dedication of real property prohibited in subsection (3)(a)(ii) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.

(4) The local governing body may not change, in the subdivision regulations or in the process for subdividing, any timelines or procedural requirements for an application to subdivide other than provided for in this part.
Mont. Code Ann. § 76-3-405 — MT Code / Title 76 / Chapter 3 / Part 4 / Section 76-3-405
76-3-405 Administration of oaths by registered land surveyor
Status: in_force

76-3-405 . Administration of oaths by registered land surveyor. (1) A registered land surveyor may administer and certify oaths when:

(a) it becomes necessary to take testimony for the identification of old corners or reestablishment of lost or obliterated corners;

(b) a corner or monument is found in a deteriorating condition and it is desirable that evidence concerning it be perpetuated;

(c) the importance of the survey makes it desirable to administer an oath to the surveyor's assistants for the faithful performance of their duty.

(2) A record of oaths must be preserved as part of the field notes of the survey and noted on the certificate of survey filed under 76-3-404 .
Mont. Code Ann. § 76-16-202 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-202
76-16-202 Notice and hearing on question of incorporation
Status: in_force

76-16-202 . Notice and hearing on question of incorporation. (1) The persons deciding to incorporate the state district shall cause notice of the hearing to be given by publishing a notice prescribed by the commission once a week for 2 consecutive weeks in a newspaper of general circulation in the area. The first publication must be at least 30 days prior to the date of hearing.

(2) The commission shall hear evidence offered in support of or in opposition to the creation of the state district and shall make a full inquiry into the advisability of its creation.
Mont. Code Ann. § 76-13-901 — MT Code / Title 76 / Chapter 13 / Part 9 / Section 76-13-901
76-13-901 Short title
Status: in_force

76-13-901 . Short title. This part may be cited as the "Prescribed Fire Manager Certification and Liability Act".
Mont. Code Ann. § 76-13-117 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-117
76-13-117 Terminated
Status: in_force

76-13-117 . Terminated. Sec. 6, Ch. 425, L. 2015.
Mont. Code Ann. § 76-1-301 — MT Code / Title 76 / Chapter 1 / Part 3 / Section 76-1-301
76-1-301 Planning board meetings
Status: in_force

76-1-301 . Planning board meetings. (1) The board shall fix the time for holding regular meetings, but it shall meet at least once in the months of January, April, July, and October.

(2) Special meetings of the planning board may be called by the president or by two members upon written request to the secretary. The secretary shall send to all members, at least 2 days in advance of a special meeting, a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if the time of the special meeting has been fixed in a regular meeting or if all members are present at the special meeting.
Mont. Code Ann. § 76-6-108 — MT Code / Title 76 / Chapter 6 / Part 1 / Section 76-6-108
76-6-108 Conveyance or lease of open-space lands
Status: in_force

76-6-108 . Conveyance or lease of open-space lands. A grantee may convey or lease any real property it has acquired or which has been designated for the purposes of this chapter. The conveyance or lease shall be subject to contractual arrangements that will preserve the property as open-space land and which are consistent with the express terms and conditions of the grant unless the property is to be converted or diverted from open-space land use in accordance with the provisions of 76-6-107 .
Mont. Code Ann. § 76-4-1001 — MT Code / Title 76 / Chapter 4 / Part 10 / Section 76-4-1001
76-4-1001 Penalty factors
Status: in_force

76-4-1001 . Penalty factors. (1) In determining the amount of an administrative or civil penalty to which subsection (4) applies, the department of environmental quality or the district court, as appropriate, shall take into account the following factors:

(a) the nature, extent, and gravity of the violation;

(b) the circumstances of the violation;

(c) the violator's prior history of any violation, which:

(i) must be a violation of a requirement under the authority of the same chapter and part as the violation for which the penalty is being assessed;

(ii) must be documented in an administrative order or a judicial order or judgment issued within 3 years prior to the date of the occurrence of the violation for which the penalty is being assessed; and

(iii) may not, at the time that the penalty is being assessed, be undergoing or subject to administrative appeal or judicial review;

(d) the economic benefit or savings resulting from the violator's action;

(e) the violator's good faith and cooperation;

(f) the amounts voluntarily expended by the violator, beyond what is required by law or order, to address or mitigate the violation or impacts of the violation; and

(g) other matters that justice may require.

(2) After the amount of a penalty is determined under subsection (1), the department of environmental quality or the district court, as appropriate, may consider the violator's financial ability to pay the penalty and may institute a payment schedule or suspend all or a portion of the penalty.

(3) The department of environmental quality may accept a supplemental environmental project as mitigation for a portion of the penalty. For purposes of this section, a "supplemental environmental project" is an environmentally beneficial project that a violator agrees to undertake in settlement of an enforcement action but which the violator is not otherwise legally required to perform.

(4) This section applies to penalties assessed by the department of environmental quality or the district court under Title 75, chapters 2, 5, 6, 11, and 20; Title 75, chapter 10, parts 2, 4, 5, and 12; and Title 76, chapter 4.

(5) The department of environmental quality may adopt rules to implement this section.
Mont. Code Ann. § 76-15-526 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-526
76-15-526 Treasurer's reports
Status: in_force

76-15-526 . Treasurer's reports. The treasurer shall report in writing at each regular meeting of the supervisors and as often at other times as the supervisors may request the amount of money on hand and the receipts and disbursements since the treasurer's last report. The report must be verified.
Mont. Code Ann. § 76-13-150 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-150
76-13-150 Fire suppression account -- fund transfer
Status: in_force

76-13-150 . Fire suppression account -- fund transfer. (1) There is a fire suppression account in the state special revenue fund to the credit of the department.

(2) The legislature may transfer money from other funds to the account, and the money in the account is subject to legislative fund transfers.

(3) Funds received for restitution by private parties must be deposited in the account.

(4) Money in the account may be used only for:

(a) fire suppression costs;

(b) fuel reduction and mitigation;

(c) forest restoration;

(d) grants for the purchase of fire suppression equipment for county cooperatives;

(e) forest management projects on federal land;

(f) support for collaborative groups that include at least one representative of an affected county commission that is engaged with a federal forest project and for local governments engaged in litigation related to federal forest projects;

(g) road maintenance on federal lands; and

(h) fire preparedness.

(5) In an even-numbered calendar year, after the transfers made pursuant to 17-7-130 , if the preliminary general fund ending balance at fiscal yearend was greater than 8.3% of all general revenue appropriations in the second year of the biennium, then the state treasurer shall transfer from the general fund to the fire suppression account funds sufficient to bring the fire suppression account fund balance to 6% of the general revenue appropriations in the second year of the biennium. The transfer may not cause the general fund ending fund balance to have a balance of less than 8.3% of all general revenue appropriations in the second year of the biennium.

(6) The provisions of subsection (5) do not apply in a fiscal year in which reductions required by 17-7-140 occur or if a transfer pursuant to subsection (5) would require reductions pursuant to 17-7-140 .

(7) If the balance in the account at the end of the most recently completed odd-numbered fiscal year exceeds 3% of all general revenue appropriations in the second year of the biennium, then up to 1% of all general revenue appropriations in the second year of the biennium may be used and is statutorily appropriated from the fire suppression account for the purposes in subsections (4)(b) through (4)(g). Of that amount, no more than 5% may be used for the purposes of subsection (4)(f).

(8) Up to 0.5% of all general revenue appropriations in the second year of the biennium is statutorily appropriated from the fire suppression account each year and may be used each year to the department for the item in subsection (4)(h).

(9) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the department for the purposes described in subsection (4).
Mont. Code Ann. § 76-15-710 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-710
76-15-710 Court procedure after petition is filed
Status: in_force

76-15-710 . Court procedure after petition is filed. (1) Upon the presentation of a petition as described in 76-15-709 , the court shall cause process to be issued against the defendant and shall hear the case. If 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 must constitute a part of the proceedings upon which the determination of the court is made.

(2) In all cases in which the person in possession of lands who fails to perform work, operations, or avoidances is not the owner, the owner of the lands must be joined as party defendant.

(3) The court may dismiss the petition, or it may require the defendant to perform the work, operations, or avoidances and may provide that, upon the failure of the defendant to initiate the performance within the time specified in the order of the court and to prosecute the performance to completion with reasonable diligence, the supervisors may enter upon the lands involved and perform the work or operations or otherwise bring the condition of the land into conformity with the requirements of the regulations and recover the costs and expenses of the work or operations, with interest at the rate of 10% a year, from the defendant.

(4) The court shall retain jurisdiction of the case until after the work has been completed. Upon completion of the work pursuant to the order of the court, the supervisors may file a petition with the court, a copy of which must be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and asking judgment for the costs and expenses with interest. The court has jurisdiction to enter judgment for the amount of the costs and expenses, with interest at the rate of 10% a year until paid, together with the costs of suit, including reasonable attorney fees to be fixed by the court.
Mont. Code Ann. § 76-4-127 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-127
76-4-127 Notice of certification that adequate storm water drainage and adequate municipal facilities will be provided
Status: in_force

76-4-127 . Notice of certification that adequate storm water drainage and adequate municipal facilities will be provided. (1) To qualify for the exemption from review set out in 76-4-125 (1)(d), the certifying authority shall send notice of certification to the reviewing authority that adequate storm water drainage and adequate municipal facilities will be provided for the subdivision. For a subdivision subject to Title 76, chapter 3 or 25, the certifying authority shall send notice of certification to the reviewing authority prior to final plat approval.

(2) The notice of certification must include the following:

(a) the name and address of the applicant;

(b) a copy of the preliminary plat included with the application for the proposed subdivision or a final plat when a preliminary plat is not necessary or, for a subdivision not subject to Title 76, chapter 3 or 25, a copy of the certificate of survey map or amended plat map or a declaration and floor plan, including the layout of each unit proposed to be recorded under Title 70, chapter 23, part 3;

(c) the number of parcels in the subdivision;

(d) a copy of any applicable zoning ordinances in effect;

(e) how construction of the sewage disposal and water supply systems or extensions will be financed;

(f) the relative location of the subdivision to the city or the county water and/or sewer district boundaries of the certifying authority;

(g) certification that adequate municipal or county water and/or sewer district facilities for the supply of water and disposal of sewage and solid waste will be provided. Facilities for subdivisions subject to 76-3-507 or 76-25-413 must be provided within the time required by the governing body under 76-3-507 or 76-25-413 , as applicable.

(h) if water supply, sewage disposal, solid waste, or storm water drainage facilities are not municipally owned, certification from the facility owners that adequate facilities will be available; and

(i) certification that the certifying authority has or will review and approve plans to ensure adequate storm water drainage.

(3) A municipality may be authorized to act as a reviewing authority under this section and may self-approve the municipality's own exemption.
Mont. Code Ann. § 76-7-203 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-203
76-7-203 Permissible easements
Status: in_force

76-7-203 . Permissible easements. (1) An environmental control easement under this chapter may prohibit or limit the following activities or uses:

(a) constructing or placing of buildings, camping trailers, housetrailers, mobile homes, roads, or other structures on or above the ground;

(b) dumping or placing of soil, debris, or other wastes or substances as landfill or dumping or placing of trash, waste, or unsightly or offensive materials;

(c) removing or destroying trees, shrubs, or other vegetation or planting or allowing growth of specific types of vegetation, such as crops for human or animal consumption or undesirable vegetation;

(d) excavating, dredging, or removing of gravel, soil, rock, or other materials or substances;

(e) using the surface of the land in a particular manner, such as for agricultural, residential, commercial, or industrial uses;

(f) subdividing the land, as described in 76-3-103 and 76-3-104 ;

(g) disturbing soil caps, soil surfaces, berms, drainage structures, or other structures or other activities that may cause erosion or migration of hazardous wastes or substances at or from the environmental control site;

(h) drilling or using water wells for potable or nonpotable purposes;

(i) other activities or uses detrimental to or interfering with the remediation or cleanup of the environmental control site or detrimental to the preservation of remedial structures, measures, or technologies employed at the environmental control site; and

(j) other activities or uses that may result in a risk or threat to the public health, safety, or welfare or the environment.

(2) An environmental control easement under this chapter may include or require the following:

(a) maintenance of environmental control site remedial structures or other remedial measures, such as soil surfaces, soil caps, berms, fences, or drainage improvements;

(b) rights in the holder of the easement or others for continuing access to the site as necessary to implement, operate, maintain, and monitor remedial work and technologies, including operation and maintenance, and to ensure implementation and enforcement of the requirements, restrictions, and limitations specified in the easement instrument;

(c) prompt notification to the holder of the easement or others of transfers of all or any portion of an environmental control site or interest in the site or of any proposed changes in land use at the site;

(d) compliance with all requirements of any applicable governmental order;

(e) arrangements for indemnification or for reimbursement of any costs and expenses of the easement holder or others or other methods of allocating costs and expenses for remedial actions, operations and maintenance, or other activities on the environmental control site or with respect to the site;

(f) other obligations that any federal public entity or other public body having jurisdiction over the property determines are necessary to implement, ensure noninterference with, or ensure the protection of remedial work performed under a governmental order; or

(g) other obligations that are necessary or advisable to reduce or eliminate risks or threats to the public health, safety, or welfare or the environment at environmental control sites.
Mont. Code Ann. § 76-25-206 — MT Code / Title 76 / Chapter 25 / Part 2 / Section 76-25-206
76-25-206 Housing
Status: in_force

76-25-206 . Housing. (1) A local governing body shall identify and analyze existing and projected housing needs for the projected population of the jurisdiction and provide regulations that allow for the rehabilitation, improvement, or development of the number of housing units needed, as identified in the land use plan and future land use map, including:

(a) a quantification of the jurisdiction's existing and projected needed housing types, including location, age, condition, and occupancy required to accommodate existing and estimated population projections;

(b) an inventory of sites, including zoned, unzoned, vacant, underutilized, and potential redevelopment sites, available to meet the jurisdiction's needed housing types;

(c) an analysis of any constraints to housing development, such as zoning, development standards, and infrastructure needs and capacity, and the identification of market-based incentives that may affect or encourage the development of needed housing types; and

(d) a detailed description of what actions the jurisdiction may take to accommodate the projected needed housing types identified in subsection (1)(a).

(2) The housing section of the land use plan and future land use map may incorporate by reference any information or policies identified in other housing needs assessments adopted by the governing body.

(3) If, after performing the analysis required in subsection (1), the local government determines that the total needed housing types may not be met due to lack of resources, development sites, infrastructure capacity, or other documented constraints, the local government shall establish the minimum number of housing units that may be rehabilitated, improved, or developed within the jurisdiction over the 20-year planning period and the actions the local government may take to remove constraints to the development of those units over that period.

(4) Progress toward the construction of the housing units identified as needed to meet projected housing needs during the 20-year planning period of the land use plan must be documented at each fifth year review of the land use plan as required in 76-25-202 .

(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.