Mont. Code Ann. § 76-25-413 — MT Code / Title 76 / Chapter 25 / Part 4 / Section 76-25-413
76-25-413 Public improvements and extension of capital facilities
Status: in_force

76-25-413 . Public improvements and extension of capital facilities. (1) Except as provided in subsections (1)(a) and (1)(c), the governing body shall require the subdivider to complete required improvements within the proposed subdivision prior to the approval of the final plat.

(a) (i) In lieu of the completion of the construction of any public improvements prior to the approval of a final plat, the governing body shall, at the subdivider's option, allow the subdivider to provide or cause to be provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to the governing body, providing for and securing the construction and installation of the improvements within a period specified by the governing body and expressed in the bonds or other security. The governing body shall reduce bond or security requirements commensurate with the completion of improvements. Failure of the local government to require the renewal of a bond does not waive the subdivider's responsibility to complete the required improvements prior to the approval of the final plat.

(ii) In lieu of requiring a bond or other means of security for the construction or installation of all the required public improvements under subsection (2)(a)(i), the governing body may enter into a subdivision improvements agreement with the subdivider that provides for an incremental payment, guarantee plan, or other method of completing the necessary improvements to serve the development as set forth in the preliminary plat approval.

(b) Approval by the governing body of a final plat prior to the completion of required improvements and without the provision of the security required under subsection (1)(a) is not an act of a legislative body for the purposes of 2-9-111 .

(c) The governing body may require a percentage of improvements or specific types of improvements necessary to protect public health and safety to be completed before allowing bonding, other reasonable security, or entering into a subdivision improvements agreement for purposes of filing a final plat. The requirement is applicable to approved preliminary plats.

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

(b) All fees, costs, or other money paid by a subdivider under this subsection (2) must be expended on the capital facilities for which the payments were required.
Mont. Code Ann. § 76-15-601 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-601
76-15-601 Establishment of project areas -- special assessments
Status: in_force

76-15-601 . Establishment of project areas -- special assessments. Whenever the public interest or convenience may require and upon the petition of a county, city, town, cooperative grazing association, or other special purpose district or by more than 50% of the qualified electors affected thereby, the board of supervisors is hereby authorized and empowered to establish project areas for carrying out projects to accomplish one or more of the purposes of the district and within which area special assessments can be made for carrying out project purposes.
Mont. Code Ann. § 76-13-409 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-409
76-13-409 Duty of purchaser to ensure compliance -- statement -- bond
Status: in_force

76-13-409 . Duty of purchaser to ensure compliance -- statement -- bond. (1) The initial purchaser of forest products that have been cut or are about to be cut from any private forest lands within the state shall, before making the purchase or contract to purchase, determine that the person engaged or about to engage in the cutting of these forest products has provided for the reduction or management of the fire hazard by entering into a fire hazard reduction agreement or that the person has been issued an exemption certificate as provided in 76-13-408 .

(2) The purchaser shall withhold sufficient money to meet the requirements of the bond provided for in 76-13-408 plus the fees for administration, inspection, and enforcement by the department as provided in the fire hazard reduction agreement. The purchaser shall transmit all money and fees that are withheld and a report of volumes of products purchased to the department on or before the 15th day of the following month, clearly identifying by number the fire hazard reduction agreement to which the withheld money, fees, and product volumes pertain. The purchaser shall keep accurate records of the purchase and the amounts withheld, which may be inspected by the department at any reasonable time.

(3) If forest products are not received or purchased in a given month, a report showing a zero balance and stating that products were not purchased must be submitted to the department.

(4) The department may require the purchaser to post a bond to the state in a form and for an amount as may be prescribed by the department to ensure faithful compliance with this part.
Mont. Code Ann. § 76-5-1114 — MT Code / Title 76 / Chapter 5 / Part 11 / Section 76-5-1114
76-5-1114 Determination of assessment
Status: in_force

76-5-1114 . Determination of assessment. (1) The special assessment shall be:

(a) levied against each lot or parcel of land in the benefited area for that portion of the money required which its area bears to the total area of all of the lands to be assessed; or

(b) at the option of the governing body of the city, town, or county, as the case may be, based upon the taxable valuation, as stated in the last-completed county assessment roll, of the lots or parcels of land, exclusive of improvements thereon, within said benefited area; in which case each lot or parcel of land to be assessed shall be assessed with that part of the amount of money required which its taxable valuation bears to the total taxable valuation of all of the lands to be assessed.

(2) However, where the benefited area lies in more than one county or lies both within a county and also a city or town, the same method of assessment shall be used for each governing body.
Mont. Code Ann. § 76-13-413 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-413
76-13-413 Failure to submit withholding -- remedy
Status: in_force

76-13-413 . Failure to submit withholding -- remedy. (1) If a purchaser does not submit withheld money and required reports on or before the 15th day of the following month as provided in 76-13-409 , the purchaser must be notified by certified mail that the purchaser is in noncompliance and be given 15 days to submit all money and reports then due. If the purchaser fails to submit all money due within the required time, the department may initiate a lien upon the real property of the purchaser and may initiate proceedings to enjoin further processing of all wood products until all money due is paid in full and all required reports are submitted.

(2) If payment and reports are not received by the department within the 15-day period after notification as provided in subsection (1), a penalty of 5% of the payment amount due must be assessed. The department may abate the penalty if the purchaser establishes that the failure to submit the amount due or the reports as required was due to reasonable cause and was not due to neglect on the purchaser's part. The department, in addition to the penalty, may impose interest at the rate of 10% a year on any balance remaining unpaid.

(3) All money withheld by a purchaser for the contractor's bond and for department fees is considered to be excise taxes withheld for the benefit of the state within the meaning of 11 U.S.C. 507.
Mont. Code Ann. § 76-3-401 — MT Code / Title 76 / Chapter 3 / Part 4 / Section 76-3-401
76-3-401 Survey requirements for lands other than subdivisions
Status: in_force

76-3-401 . Survey requirements for lands other than subdivisions. All divisions of land for sale other than a subdivision after July 1, 1974, into parcels which 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 76-3-406 .
Mont. Code Ann. § 76-25-502 — MT Code / Title 76 / Chapter 25 / Part 5 / Section 76-25-502
76-25-502 Variances
Status: in_force

76-25-502 . Variances. (1) All land use regulations must include a process for the submission and review of variances.

(2) The application for a variance must be for relief from land or building form design standards or subdivision design and improvement standards.

(3) Variance applications must be considered and approved or approved with conditions before application or in conjunction with application for a zoning permit or subdivision approval.

(4) The granting of a variance must meet all of the following criteria:

(a) the variance is not detrimental to public health, safety or general welfare;

(b) the variance is due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions;

(c) strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and that is not self-imposed;

(d) the variance may not cause a substantial increase in public costs; and

(e) the variance may not place the property in nonconformance with any other regulations.

(5) Additional criteria may apply if the variance is associated with a floodplain or floodway pursuant to the requirements of Title 76, chapter 5.

(6) Variance requests must be reviewed and determined by the planning administrator. The planning administrator's decision is final and no further action may be taken except as provided in 76-25-503 .
Mont. Code Ann. § 76-4-112 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-112
76-4-112 Easements and restrictive covenants
Status: in_force

76-4-112 . Easements and restrictive covenants. (1) The reviewing authority may require the owner of a proposed subdivision to grant an easement or enter into a restrictive covenant pursuant to rules adopted by the department for the purpose of:

(a) ensuring the long-term operation and maintenance of water supply, storm water drainage, and sewage disposal facilities;

(b) protecting state waters; or

(c) prohibiting the placement of water wells within a ground water mixing zone.

(2) An easement or covenant required under this section must run with the land. The easement or covenant may be enforced by the reviewing authority. The easement or covenant may not be terminated without the consent of the reviewing authority.
Mont. Code Ann. § 76-13-406 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-406
76-13-406 Limitation on liability
Status: in_force

76-13-406 . Limitation on liability. The department and other recognized fire protection agencies, including any agency of the United States, with which the department has entered into an agreement for fire hazard reduction or management as provided in 76-13-405 and any officer, official, or employee of the department or other recognized fire protection agency is not liable for any damage to the land, product, improvement, or other things of value upon the lands on which the fire hazards are being managed or reduced in accordance with provisions of this part, the rules adopted under 76-13-403 , and the fire hazard reduction agreement when reasonable care and caution has been used and the work is being or has been performed in compliance with the rules provided in 76-13-403 .
Mont. Code Ann. § 76-14-113 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-113
76-14-113 Eligibility for loans
Status: in_force

76-14-113 . Eligibility for loans. (1) Any person may apply for a loan to finance rangeland improvements to be constructed, developed, and operated in Montana who:

(a) is a resident of Montana;

(b) is engaged in farming or ranching; and

(c) possesses the necessary expertise to make a rangeland loan practical.

(2) All loans must be for rangeland improvement or development exclusively.

(3) An application for a loan must be in the form prescribed by the department and accompanied by a resource conservation plan, which may be prepared in consultation with the United States natural resources conservation service.
Mont. Code Ann. § 76-6-207 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-207
76-6-207 Recording and description of easement
Status: in_force

76-6-207 . Recording and description of easement. (1) All conservation easements must be recorded in the county where the land lies so as to effect the land's title in the manner of other conveyances of interest in land and must describe the land subject to the conservation easement by adequate legal description or by reference to a recorded plat showing its boundaries.

(2) (a) The county clerk and recorder shall, upon recording, place a copy of the conservation easement in a separate file within the office of the county clerk and recorder.

(b) The county clerk and recorder shall provide a copy of the conservation easement to the department of revenue office in that county within 30 days of the receipt of the original conservation easement.
Mont. Code Ann. § 76-6-205 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-205
76-6-205 Assignability of easements
Status: in_force

76-6-205 . Assignability of easements. For the purposes of this chapter, all conservation easements shall be assignable unless the instrument of conveyance or ownership expressly stipulates otherwise. No conservation easement shall be unenforceable on account of the benefit being assignable or being assigned to any other government body or private organization unless such assignment has violated the express terms of the instrument of conveyance or ownership. The assignees must be qualified under the terms of this chapter to hold a conservation easement.
Mont. Code Ann. § 76-15-530 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-530
76-15-530 Conservation district appropriations -- administration
Status: in_force

76-15-530 . Conservation district appropriations -- administration. (1) The state treasurer shall draw warrants payable from appropriations of allocations authorized as provided under 15-35-108 on order from the department.

(2) The department shall administer the conservation district appropriations referred to in subsection (1). The money must be distributed to the conservation districts on the basis of need. A conservation district may submit an application to the department for a grant of funds for purposes that conservation districts are authorized to perform.

(3) A conservation district is not eligible to receive a grant unless it has exhausted its authorized mill levies.

(4) The department may adopt rules implementing this section that provide for the form and content of applications and the criteria, terms, and conditions for making grants.
Mont. Code Ann. § 76-13-108 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-108
76-13-108 Person responsible for performance of duties
Status: in_force

76-13-108 . Person responsible for performance of duties. (1) If the owner does not appear upon the public records as the holder of the legal title to the land or timber, the owner is nevertheless primarily responsible for the performance of the acts and duties imposed upon the owner by part 2 and this part.

(2) When the owner of the timber is not the owner of the land, the primary responsibility for the performance of the acts and duties imposed by part 2 and this part is upon the owner of the timber.

(3) When the state has title to forest lands within an organized forest protection district, it must be considered as an owner and it shall list its lands and pay the assessments to the recognized agencies responsible for lands in organized forest protection districts.
Mont. Code Ann. § 76-4-113 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-113
76-4-113 Notification to purchasers
Status: in_force

76-4-113 . Notification to purchasers. The developer or owner of an approved subdivision shall provide each purchaser of property within the subdivision with a copy of the plat or certificate of survey and the certificate of subdivision approval specifying the approved type and locations of water supply, storm water drainage, and sewage disposal facilities and information regarding connection to municipal, county water and/or sewer district, or regional authority facilities provided for under 76-4-130 . Each subsequent seller of property within the subdivision shall include within the instruments of transfer a reference to the conditions of the certificate of subdivision approval. The seller of any lot recorded with the exemption in 76-4-125 (1)(c) shall include within the instruments of transfer a reference to that exclusion and a statement that the lot has not been reviewed or approved under this part. A written verification of notice that is signed by both the seller and the purchaser and is recorded with the county clerk and recorder constitutes conclusive evidence of compliance with this section for that transaction.
Mont. Code Ann. § 76-16-307 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-307
76-16-307 Leasing of state lands
Status: in_force

76-16-307 . Leasing of state lands. State land that is situated within the boundaries of a state district created under this chapter may be leased by one or more members of a state district if the lease is in accordance with existing laws and regulations of the department. The board of directors of a state district may assist members of a state district in acquiring and administering a state grazing lease. The commission shall require that all state districts comply with this section.
Mont. Code Ann. § 76-2-316 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-316
76-2-316 Continuation of nonconforming uses
Status: in_force

76-2-316 . Continuation of nonconforming uses. (1) The zoning regulations must allow for the nonconforming use of land or buildings legal at the time or prior to the time that a zoning regulation or amendment to the regulation is adopted, but the local government may provide grounds for discontinuing nonconforming uses based on changes to or abandonment of the use of the land or buildings after the adoption of a zoning regulation or amendment.

(2) Any ambiguity or uncertainty in the zoning regulations as to whether a nonconforming use is allowed or whether the use was allowed when it was commenced must be interpreted in favor of the use in question.
Mont. Code Ann. § 76-15-103 — MT Code / Title 76 / Chapter 15 / Part 1 / Section 76-15-103
76-15-103 Definitions
Status: in_force

76-15-103 . Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Agency of this state" includes the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state.

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

(3) "District" or "conservation district" means a governmental subdivision of this state and a public body corporate and politic organized in accordance with this chapter, for the purposes, with the powers, and subject to the restrictions set forth in this chapter.

(4) "Due notice" means notice published at least twice, with an interval of at least 14 days between the two publication dates, in a newspaper or other publication of general circulation within the proposed area or by posting at a reasonable number of conspicuous places within the appropriate area. The posting must include, when possible, posting at public places where it is customary to post notices concerning county or municipal affairs generally.

(5) "Government" or "governmental" includes the government of this state, the government of the United States, and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them.

(6) "Land occupier" or "occupier of land" includes a person, firm, corporation, municipality, or other entity that holds title to or is in possession of lands lying within a district organized under this chapter, whether as owner, lessee, renter, tenant, or otherwise.

(7) "Petition" means a petition filed under 76-15-201 for the creation of a district.

(8) "Qualified elector" means an elector as defined in Title 13.

(9) "Supervisor" means one of the members of the governing body of a district, elected or appointed in accordance with this chapter.

(10) "United States" or "agencies of the United States" includes the United States of America, the natural resource conservation service of the United States department of agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.
Mont. Code Ann. § 76-4-125 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-125
76-4-125 Land divisions excluded from review
Status: in_force

76-4-125 . Land divisions excluded from review. (1) A subdivision excluded from the provisions of chapter 3 or chapter 25 must be submitted for review according to the provisions of this part, except that the following divisions or parcels, unless the exclusions are used to evade the provisions of this part, are not subject to review:

(a) the exclusions cited in 76-3-201 , 76-3-207 (1)(f), and 76-25-402 (1)(a) through (1)(h);

(b) divisions made for the purpose of acquiring additional land to become part of an approved parcel, provided that water or sewage disposal facilities may not be constructed on the additional acquired parcel and that the division does not fall within a previously platted or approved subdivision;

(c) divisions made for purposes other than the construction of water supply or sewage or solid waste disposal facilities as the department specifies by rule;

(d) as certified pursuant to 76-4-127 :

(i) new divisions subject to review under chapter 3 or chapter 25;

(ii) divisions or previously divided parcels recorded with sanitary restrictions; or

(iii) divisions or previously divided parcels of land that are exempt from review under 76-3-203 , 76-3-207 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f), or 76-25-402 (1)(i), (1)(m), or (1)(n);

(e) subject to the provisions of subsection (2), a remainder of an original tract created by segregating a parcel from the tract for purposes of transfer if:

(i) the remainder is served by a public or multiple-user sewage system approved before January 1, 1997, pursuant to local regulations or this chapter; or

(ii) the remainder is 1 acre or larger and has an individual sewage system serving a discharge source that was in existence prior to April 29, 1993, and, if required when installed, the system was approved pursuant to local regulations or this chapter; and

(f) the sale of cabin or home sites as provided for and subject to the limitations in 77-2-318 (2).

(2) Consistent with the applicable provisions of 50-2-116 , a local health officer may require that, prior to the filing of a plat or a certificate of survey subject to review under this part for the parcel to be segregated from the remainder referenced in subsection (1)(e)(ii), the remainder include acreage or features sufficient to accommodate a replacement drainfield.

(3) A previously divided parcel that meets the eligibility criteria for an existing exemption from this part may use the exemption in lieu of obtaining a certificate of subdivision approval if the appropriate document, exemption certificate, certificate of survey, or subdivision plat filed with the county clerk and recorder cites the applicable exemption in its entirety.

(4) At the request of the owner, the original certificate of subdivision approval shall be reissued for a parcel previously approved under this part if:

(a) the parcel was subsequently divided without review and approval under this part; and

(b) the unapproved parcels are aggregated to return to the original divided parcel as originally approved.
Mont. Code Ann. § 76-15-1012 — MT Code / Title 76 / Chapter 15 / Part 10 / Section 76-15-1012
76-15-1012 Terms and extensions
Status: in_force

76-15-1012 . Terms and extensions. (1) Except as provided in 76-15-1011 , prior to the issuance of a contract it must be determined that the contract meets the selection criteria for proposals and bidding as described in 18-4-303 and 18-4-304 .

(2) A contract may not be made for a period of more than 7 years.

(3) A contract may be extended or renewed if:

(a) the terms of the extension or renewal, if any, are included in the solicitation;

(b) funds are available for the first fiscal period at the time of the agreement; and

(c) the total contract period, including any extension or renewal, does not exceed 7 years.

(4) Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of funds for the fiscal periods.

(5) If funds are not available to support continuation of performance in a subsequent fiscal period, the contract must be canceled.
Mont. Code Ann. § 76-4-133 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-133
76-4-133 Installation inspection
Status: in_force

76-4-133 . Installation inspection. A person who owns or controls a parcel of land that has been approved under this chapter for the installation of an individual, shared, or multiple-user sewage system shall:

(1) have the system inspected during installation by the local health officer, as defined in 50-1-101 , or by the installer or other person designated by the local health officer; and

(2) file with the local board of health a certification by the inspector that the system has been installed in compliance with the certificate of subdivision approval and any conditions of approval.
Mont. Code Ann. § 76-4-136 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-136
76-4-136 Exemption from environmental review
Status: in_force

76-4-136 . Exemption from environmental review. The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when reviewing applications under this part for subdivisions.
Mont. Code Ann. § 76-2-210 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-210
76-2-210 Enforcement and interpretation of zoning provisions
Status: in_force

76-2-210 . Enforcement and interpretation of zoning provisions. (1) If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this part or of any resolution adopted under this part, the county, in addition to other remedies, may institute any appropriate action or proceedings to:

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

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

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

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

(2) In interpreting a use and in determining whether a use violates this part or a resolution adopted under this part, any ambiguity or uncertainty in the zoning regulations as to whether the use is in violation must be interpreted in favor of the use in question.

(3) For the purposes of enforcing subsections (1)(a) through (1)(c), the county shall attempt to obtain voluntary compliance at least 30 days before filing a complaint for a violation of this part that is subject to the penalties under 76-2-211 .

(4) The board of county commissioners may appoint enforcing officers to supervise and enforce the provisions of the zoning resolutions.
Mont. Code Ann. § 76-15-312 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-312
76-15-312 Term of office and vacancies
Status: in_force

76-15-312 . Term of office and vacancies. (1) (a) The term of office of each supervisor is 4 years, except as provided in subsection (1)(b).

(b) The supervisors who are appointed by the department pursuant to 76-15-305 must be designated to serve for terms of 2 years from the date of their appointment, after which the offices must be filled by election. A supervisor appointed pursuant to 76-15-311 shall serve a term of 3 years.

(c) An elected supervisor holds office until a successor has been elected and has qualified.

(2) A vacancy is created when any of the following events occurs before the expiration of the term of the incumbent:

(a) death;

(b) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent is mentally ill;

(c) resignation;

(d) removal from office;

(e) unexcused absence from three consecutive regular meetings of the board of supervisors;

(f) ceasing to reside in the district;

(g) conviction of a felony or a violation of official duties; or

(h) the decision of a court declaring void the incumbent's election or appointment.

(3) For the purpose of subsection (2)(e), a majority vote of the board of supervisors may excuse a supervisor from attending a meeting.

(4) A vacancy occurring in the office of an elected supervisor must be filled by appointment by the remaining supervisors until the next election, when a successor must be elected to serve the unexpired term. The election must be conducted in accordance with Title 13, chapter 1, part 5, in the year following the appointment.
Mont. Code Ann. § 76-7-205 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-205
76-7-205 Qualified private organizations
Status: in_force

76-7-205 . Qualified private organizations. If the grantee or holder of an environmental control easement is a qualified private organization, then the organization has the following additional obligations:

(1) The organization shall provide to the state or federal agency that approved the environmental control easement pursuant to 76-7-201 an annual report on or before April 30 of each year providing a description of actions taken to monitor the environmental control site, the status of compliance with the environmental control easement, and any other information that the state or federal agency may require relating to compliance with the provisions of the environmental control easement.

(2) Within 15 days following the discovery of any material violation of the environmental control easement, the organization shall provide to the state or federal agency that approved the environmental control easement pursuant to 76-7-201 a written report setting forth the nature of the violation, the remedies that the grantee intends to undertake to correct the violation, and any other information that the state or federal agency may request.

(3) The organization shall notify, in writing, the state or federal agency that approved the environmental control easement pursuant to 76-7-201 of the organization's dissolution, the cessation of operations, or the occurrence of any other event that renders the organization incapable of performing its obligations under the terms of the environmental control easement.
Mont. Code Ann. § 76-2-209 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-209
76-2-209 Effect on natural resources
Status: in_force

76-2-209 . Effect on natural resources. (1) Except as provided in 82-4-431 , 82-4-432 , and subsection (2) of this section, a resolution or rule adopted pursuant to the provisions of this part, except 76-2-206 , may not prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources by the owner of any mineral, forest, or agricultural resource.

(2) The complete use, development, or recovery of a mineral by an operation that mines sand and gravel or an operation that mixes concrete or batches asphalt may be reasonably conditioned or prohibited on a site that is located within a geographic area zoned as residential, as defined by the board of county commissioners and in effect prior to the filing of a permit application or at the time a written request is received for a preapplication meeting pursuant to 82-4-432 .

(3) Zoning regulations adopted under this chapter and in effect prior to the filing of a permit application or at the time a written request is received for a preapplication meeting pursuant to 82-4-432 may reasonably condition, but not prohibit, the complete use, development, or recovery of a mineral by an operation that mines sand and gravel and may condition an operation that mixes concrete or batches asphalt in all zones other than residential.
Mont. Code Ann. § 76-15-315 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-315
76-15-315 Administrative functions of supervisors
Status: in_force

76-15-315 . Administrative functions of supervisors. (1) The supervisors may employ a secretary and other officers, agents, and employees, permanent and temporary, that they may require and shall determine their qualifications, duties, and compensation.

(2) The supervisors may delegate to their presiding officer, to one or more supervisors, or to one or more agents or employees powers and duties that they consider proper.

(3) The supervisors shall furnish to the department copies of ordinances, rules, orders, contracts, forms, and other documents that they adopt or employ and other information concerning their activities that may be required in the performance of their duties under this chapter.

(4) The supervisors shall:

(a) provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property;

(b) provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and

(c) provide for an annual audit of the accounts of receipts and disbursements.
Mont. Code Ann. § 76-14-103 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-103
76-14-103 Definitions
Status: in_force

76-14-103 . Definitions. As used in this part, the following definitions apply:

(1) "Committee" means the Montana rangeland resources committee selected as provided in 2-15-3305 (2).

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

(3) "Montana rangeland resource program" means the rangeland resource program administered by the conservation districts division of the department of natural resources and conservation in concert with the Montana conservation districts law and the Grass Conservation Act to maintain and enhance the rangeland resources of the state.

(4) "Person" means any individual or association, partnership, corporation, or other business entity.

(5) "Range condition" means the current condition of the vegetation on a range site in relation to the natural potential plant community for that site.

(6) "Range management" means a distinct discipline founded on ecological principles and dealing with the husbandry of rangelands and range resources.

(7) "Rangeland" means land on which the native vegetation (climax or natural potential) is predominantly grasses, grasslike plants, forbs, or shrubs suitable for grazing or browsing use.

(8) "State coordinator" means the state coordinator for the Montana Rangeland Resources Act provided for in 2-15-3304 .

(9) "Tame pastureland" means land that has been modified by mechanical cultivation and that has current vegetation consisting of native or introduced species, or both.

(10) "Users of rangeland" means all persons, including but not limited to ranchers, farmers, hunters, anglers, recreationists, and others appreciative of the functional, productive, aesthetic, and recreational uses of rangelands.
Mont. Code Ann. § 76-4-134 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-134
76-4-134 Owner request for review
Status: in_force

76-4-134 . Owner request for review. The department may review any parcel of land submitted for review by the owner of the parcel to determine whether the parcel may be developed with water and wastewater systems and to provide adequate solid waste disposal and storm water management. Upon making the determinations, the department may issue a certificate of subdivision approval for the parcel.
Mont. Code Ann. § 76-13-415 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-415
76-13-415 Forestry extension service account -- purpose -- appropriation
Status: in_force

76-13-415 . Forestry extension service account -- purpose -- appropriation. (1) There is a forestry extension service account in the current restricted fund provided for in 17-2-102 .

(2) There must be deposited in the account:

(a) all revenue from the fire hazard reduction agreement provided for in 76-13-414 (2)(c);

(b) all revenue from the master fire hazard reduction agreement provided for in 76-13-414 (3)(b); and

(c) money received by the department in the form of legislative appropriations, reimbursements, gifts, federal funds, or appropriations from any source intended to be used for the purposes of this account.

(3) Money in the account is available to the Montana university system by appropriation for the uses set forth in subsection (4). Any unencumbered and unexpended balance remaining in this account at the end of a fiscal year does not lapse but must be carried forward for the purposes of this section until expended or appropriated.

(4) Except as provided in subsection (5), money in the account may be used by the university system only to fund forestry services through the Montana cooperative extension service of Montana state university-Bozeman. The forestry services must be conducted at Montana state university-Bozeman, the university of Montana-Missoula, and Flathead Valley community college.

(5) The use of money in this account by the Montana university system is contingent upon the university system funding the extension service's forestry and natural resources program at a biennial level of at least $108,000 from sources other than the account.
Mont. Code Ann. § 76-6-110 — MT Code / Title 76 / Chapter 6 / Part 1 / Section 76-6-110
76-6-110 Authorization and funding for planning commission
Status: in_force

76-6-110 . Authorization and funding for planning commission. (1) The state, counties, cities, towns, or other municipalities in an urban area, acting jointly or in cooperation, are authorized to perform comprehensive planning for the urban area and to establish and maintain a planning commission for this purpose and related planning activities.

(2) Funds may be appropriated and made available for the comprehensive planning. Financial or other assistance from the federal government and any other public or private sources may be accepted and utilized for the planning.
Mont. Code Ann. § 76-15-208 — MT Code / Title 76 / Chapter 15 / Part 2 / Section 76-15-208
76-15-208 Administration of hearings and referenda
Status: in_force

76-15-208 . Administration of hearings and referenda. (1) The department shall pay all expenses for the issuance of the notices and the conduct of the hearings and referenda and shall supervise the conduct of the hearings and referenda. It shall adopt appropriate rules governing the conduct of the hearings and referenda and providing for the registration prior to the date of the referendum of all eligible voters or prescribing some other appropriate procedure for the determination of those eligible as voters in the referendum.

(2) No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice thereof has been given substantially as herein provided and the referendum has been fairly conducted.
Mont. Code Ann. § 76-9-103 — MT Code / Title 76 / Chapter 9 / Part 1 / Section 76-9-103
76-9-103 Planning -- effect on shooting ranges
Status: in_force

76-9-103 . Planning -- effect on shooting ranges. The laws of this state concerning planning or growth policies, as defined in 76-1-103 , may not be construed to authorize an ordinance, resolution, or rule that would:

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

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

(3) prevent the erection or construction of safety improvements on existing shooting ranges.
Mont. Code Ann. § 76-3-507 — MT Code / Title 76 / Chapter 3 / Part 5 / Section 76-3-507
76-3-507 Provision for security requirements to ensure construction of public improvements
Status: in_force

76-3-507 . Provision for security requirements to ensure construction of public improvements. (1) Except as provided in subsections (2) and (4), the governing body shall require the subdivider to complete required improvements within the proposed subdivision prior to the approval of the final plat.

(2) (a) In lieu of the completion of the construction of any public improvements prior to the approval of a final plat, the governing body shall at the subdivider's option allow the subdivider to provide or cause to be provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to the governing body, providing for and securing the construction and installation of the improvements within a period specified by the governing body and expressed in the bonds or other security. The governing body shall reduce bond or security requirements commensurate with the completion of improvements.

(b) In lieu of requiring a bond or other means of security for the construction or installation of all the required public improvements under subsection (2)(a), the governing body may approve an incremental payment or guarantee plan. The improvements in a prior increment must be completed or the payment or guarantee of payment for the costs of the improvements incurred in a prior increment must be satisfied before development of future increments.

(3) Approval by the governing body of a final plat prior to the completion of required improvements and without the provision of the security required under subsection (2) is not an act of a legislative body for the purposes of 2-9-111 .

(4) The governing body may require a percentage of improvements or specific types of improvements necessary to protect public health and safety to be completed before allowing bonding or other reasonable security under subsection (2)(a) for purposes of filing a final plat. The requirement is applicable to approved preliminary plats.

(5) If capacity for the subdivision was approved under a development plan as provided for in 75-6-130 , the governing body shall require the subdivider to complete the water and sewer improvements within and to the proposed subdivision prior to the approval of the final plat. The subdivider shall provide a letter from the department that states that certification and as-builts for the subdivision have been received and that the municipality or eligible county water and/or sewer district is in compliance with the applicable development plan.
Mont. Code Ann. § 76-4-129 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-129
76-4-129 Joint application form and concurrent review
Status: in_force

76-4-129 . Joint application form and concurrent review. The review required by this part and the provisions of chapter 3 may occur concurrently subject to the requirements of 76-4-115 .
Mont. Code Ann. § 76-6-102 — MT Code / Title 76 / Chapter 6 / Part 1 / Section 76-6-102
76-6-102 Intent, findings, and policy
Status: in_force

76-6-102 . Intent, findings, and policy. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Open-Space Land and Voluntary Conservation 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) the rapid growth and spread of urban development are creating critical problems of service and finance for the state and local governments;

(b) the present and future rapid population growth in urban areas is creating severe problems of urban and suburban living;

(c) this population spread and its attendant development are disrupting and altering the remaining natural areas, biotic communities, and geological and geographical formations and thereby providing the potential for the destruction of scientific, educational, aesthetic, and ecological values;

(d) the present and future rapid population spread throughout the state of Montana into its open spaces is creating serious problems of lack of open space and overcrowding of the land;

(e) to lessen congestion and to preserve natural, ecological, geographical, and geological elements, the provision and preservation of open-space lands are necessary to secure park, recreational, historic, and scenic areas and to conserve the land, its biotic communities, its natural resources, and its geological and geographical elements in their natural state;

(f) the acquisition or designation of interests and rights in real property by certain qualifying private organizations and by public bodies to provide or preserve open-space land is essential to the solution of these problems, the accomplishment of these purposes, and the health and welfare of the citizens of the state;

(g) the exercise of authority to acquire or designate interests and rights in real property to provide or preserve open-space land and the expenditure of public funds for these purposes would be for a public purpose; and

(h) the statutory provision enabling certain qualifying private organizations to acquire interests and rights in real property to provide or preserve open-space land is in the public interest.
Mont. Code Ann. § 76-2-105 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-105
76-2-105 Continuation of nonconforming uses
Status: in_force

76-2-105 . Continuation of nonconforming uses. (1) The zoning regulations must allow for the nonconforming use of land or buildings legal at the time or prior to the time that a zoning regulation or amendment to the regulation was adopted, but the board of county commissioners may provide grounds for discontinuing nonconforming uses based on changes to or abandonment of the use of the land or buildings after the adoption of a zoning regulation or amendment.

(2) Any ambiguity or uncertainty in the zoning regulations as to whether a nonconforming use is allowed or whether the use was allowed when it was commenced must be interpreted in favor of the nonconforming use.
Mont. Code Ann. § 76-15-808 — MT Code / Title 76 / Chapter 15 / Part 8 / Section 76-15-808
76-15-808 Criteria for decision on discontinuance
Status: in_force

76-15-808 . Criteria for decision on discontinuance. (1) In making the determination, the department shall give due regard and weight to the attitudes of the qualified electors lying within the district, the number of qualified electors eligible to vote in the referendum who voted, the proportion of the votes cast in the referendum in favor of the discontinuance of the district or part of the district to the total number of votes cast, the approximate wealth and income of the qualified electors of the district, the probable expense of carrying on erosion control operations within the district, and such other economic and social factors as may be relevant to the determination, having due regard to the legislative findings set forth in 76-15-101 and 76-15-102 .

(2) The department may not determine that the continued operation of the district or part of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum are cast in favor of the continuance of the district or part of the district.
Mont. Code Ann. § 76-2-114 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-114
76-2-114 Housing fees and dedication of real property prohibited
Status: in_force

76-2-114 . Housing fees and dedication of real property prohibited. (1) A local governing body may not adopt a resolution under this part that includes a requirement to:

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

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

(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. § 76-13-424 — MT Code / Title 76 / Chapter 13 / Part 4 / Section 76-13-424
76-13-424 Emergency forest practices
Status: in_force

76-13-424 . Emergency forest practices. Nothing in 76-13-420 through 76-13-424 precludes an operator from undertaking any forest practice in an emergency to prevent watershed damage or the loss of timber resources.
Mont. Code Ann. § 76-15-506 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-506
76-15-506 Bonds authorized -- election
Status: in_force

76-15-506 . Bonds authorized -- election. (1) Whenever a board of supervisors deems it necessary, it may issue bonds payable from revenues, assessments, or both, or the district may use other financing as provided for by this part and part 6 for the cost of works.

(2) The board of supervisors may call an election to be held in accordance with Title 13, chapter 1, part 5.

(3) If from the returns of the election it appears that the majority of votes cast at the election was in favor of and assented to the incurring of the indebtedness, then the board of supervisors may by resolution provide for the issuance of the bonds.

(4) The issuance of bonds must be carried out in accordance with 7-7-4426 and 7-7-4432 through 7-7-4435 . The validity of the bonds, use of the bond revenue, and the refunding of the bonds must be done in accordance with the provisions of 7-7-4425 , 7-7-4430 , 7-7-4501 (2) and (3), and 7-7-4502 through 7-7-4505 .

(5) Any bonds issued under this part and part 6 have the same force, value, and use as bonds issued by a municipality and are exempt from taxation as property within the state of Montana.
Mont. Code Ann. § 76-1-501 — MT Code / Title 76 / Chapter 1 / Part 5 / Section 76-1-501
76-1-501 Jurisdictional area of county planning board
Status: in_force

76-1-501 . Jurisdictional area of county planning board. The board of county commissioners shall by resolution establish the jurisdictional area of the county planning board. The jurisdictional area shall include the area which is both outside the incorporated limits of any city in the county as well as outside the jurisdictional area of an existing city-county planning board established pursuant to 76-1-504 through 76-1-507 . Should any city or town become represented on the county planning board pursuant to 76-1-111 , the jurisdictional area of the county planning board shall be extended to include that city or town.
Mont. Code Ann. § 76-2-401 — MT Code / Title 76 / Chapter 2 / Part 4 / Section 76-2-401
76-2-401 Definitions
Status: in_force

76-2-401 . Definitions. As used in 76-2-402 , the following definitions apply:

(1) "Agency" means a board, bureau, commission, department, an authority, or other entity of state or local government.

(2) "Local zoning regulations" means zoning regulations adopted pursuant to Title 76, chapter 2.
Mont. Code Ann. § 76-2-306 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-306
76-2-306 Interim zoning ordinances
Status: in_force

76-2-306 . Interim zoning ordinances. (1) Except as provided in 76-2-340 , the city or town council or other legislative body of the municipality, to protect the public safety, health, and welfare and without following the procedures otherwise required prior to the adoption of a zoning ordinance, may adopt as an urgency measure an interim zoning ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time.

(2) An interim zoning ordinance may be applicable only within the city limits and up to 1 mile beyond the corporate boundaries of the city or town and takes effect upon passage if a hearing is first held 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 is no longer in effect 6 months from the date of its adoption. However, after notice pursuant to 76-2-303 and pursuant to public hearing, the legislative body may extend the interim zoning ordinance for 1 year. Any extension requires a two-thirds vote for passage and becomes effective upon passage. No more than two extensions may be adopted.
Mont. Code Ann. § 76-3-211 — MT Code / Title 76 / Chapter 3 / Part 2 / Section 76-3-211
76-3-211 Agricultural covenant -- change in use
Status: in_force

76-3-211 . Agricultural covenant -- change in use. (1) A change in use for anything other than agricultural purposes subjects a division of land that received an exemption under 76-3-207 (1)(c) to subdivision review under parts 5 and 6 of this chapter. However, the governing body, in its discretion, may revoke the covenant provided for in 76-3-207 (1)(c) for the purposes of this chapter and the division may proceed without subdivision review if:

(a) the original lot lines are restored through aggregation of the covenanted land prior to or in conjunction with the revoking of the covenant;

(b) a government or public entity seeks to use the land for public purposes as defined in the governing body's review criteria pursuant to 76-3-504 (1)(p); or

(c) the land is annexed into a municipality.

(2) If a governing body proposes to revoke a covenant pursuant to subsection (1)(b), the governing body shall hold a public hearing. Within 15 days of the hearing, the governing body shall issue written findings of fact and a decision based on the record. If the governing body approves the revoking of the covenant, the approval must be recorded with the clerk and recorder.

(3) The revocation of a covenant pursuant to this section does not affect sanitary restrictions imposed under Title 76, chapter 4.
Mont. Code Ann. § 76-15-723 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-723
76-15-723 Petition for variance
Status: in_force

76-15-723 . Petition for variance. (1) A qualified elector may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardship in the way of the elector carrying out upon the elector's lands the strict letter of the land use regulations prescribed by ordinance approved by the supervisors and asking the board to authorize a variance from the terms of the land use regulations in the application of the regulations to the lands occupied by the petitioner.

(2) Copies of the petition must be served by the petitioner upon the presiding officer of the supervisors of the district within which the petitioner's lands are located and upon the department.
Mont. Code Ann. § 76-4-106 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-106
76-4-106 Cooperation with other governmental agencies
Status: in_force

76-4-106 . Cooperation with other governmental agencies. (1) The reviewing authority may require the use of records of all state, county, and municipal agencies and may seek the assistance of those agencies.

(2) State, county, and municipal officers and employees, including local health officers and sanitarians, shall cooperate with the reviewing authority in furthering the purposes of this part so far as is practical and consistent with their own duties.

(3) A local reviewing authority without a registered sanitarian or a registered professional engineer to conduct a review under this part may contract with another local reviewing authority for the services of its registered sanitarian or registered professional engineer to conduct the review.
Mont. Code Ann. § 76-1-503 — MT Code / Title 76 / Chapter 1 / Part 5 / Section 76-1-503
76-1-503 Resolution of conflicts involving jurisdictional area of county planning boards
Status: in_force

76-1-503 . Resolution of conflicts involving jurisdictional area of county planning boards. (1) In case an unincorporated area is within the potential jurisdiction of more than one planning board, then the boundary between the conflicting areas shall be determined by agreement between the planning boards involved with the approval of their respective governing bodies. Any map showing the boundary line so agreed upon and approved shall be filed as provided in 76-1-502 and thereafter shall fix the limit of territorial jurisdiction with respect to planning boards.

(2) In case the jurisdictional area of a city-county planning board, which is established subsequent to the establishment of a county planning board, is potentially within the jurisdiction of the county planning board, then the property outside any incorporated city between the conflicting areas shall be determined by agreement between the planning boards involved with the approval of the respective governing bodies, and a map showing the boundary lines so agreed upon shall be filed as provided in 76-1-502 and thereafter shall fix the limits of the territorial jurisdiction of the respective planning boards.
Mont. Code Ann. § 76-15-1005 — MT Code / Title 76 / Chapter 15 / Part 10 / Section 76-15-1005
76-15-1005 Requirements for purchases or construction contracts
Status: in_force

76-15-1005 . Requirements for purchases or construction contracts. For contracts for the purchase of vehicles, machinery, equipment, materials, or supplies or for construction, repair, restoration, or maintenance under this chapter in excess of the limit provided in 7-5-2301 , supervisors shall comply with the provisions of 76-15-1006 and award a contract according to the selection criteria for proposals and bidding as described in 18-4-303 and 18-4-304 .
Mont. Code Ann. § 76-16-414 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-414
76-16-414 Equalization of state district assets
Status: in_force

76-16-414 . Equalization of state district assets. (1) Whenever a state district possesses reserves, the values of which are greater than its liabilities, and the state district determines that a part of the reserves is in excess of its reasonable needs to operate the state district, the state district may refund to the permittee members their proportionate share of the reserves as determined at the last annual accounting.

(2) Whenever a state district possesses reserves and physical assets, the values of which are greater than its liabilities, and a permittee member loses a grazing preference or any portion of a grazing preference, the permittee member is entitled to receive a proportionate share of the value of the excess from the state district, as determined by the annual accounting of the state district. Valuation must be as prescribed by the bylaws of the state district. The state district may set off the amount of any claim it may have against a former member.

(3) Whenever a new member receives a grazing preference, the new member shall, as a condition of receiving the grazing preference, pay to the state district the value of the equitable interest in the physical assets and reserve fund that accrues to the new member by virtue of membership. The value must be determined at the time of receiving a grazing preference, as prescribed by the bylaws of the state district, and upon the basis of the determination of value of physical assets and reserves made at the last annual accounting.
Mont. Code Ann. § 76-15-501 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-501
76-15-501 Financial management
Status: in_force

76-15-501 . Financial management. A conservation district and the supervisors of the conservation district may:

(1) borrow money and incur indebtedness and issue bonds or other evidence of indebtedness;

(2) refund or retire an indebtedness or lien against the district or property of the district;

(3) establish and collect rates, fees, tolls, rents, or other charges for the use of facilities or for services or materials provided. Revenue from these sources may be expended in carrying out the purposes and provisions of this chapter.

(4) subject to 15-10-420 , levy taxes as provided in this part to pay any obligation of the district and to accomplish the purposes of this chapter as provided in this chapter;

(5) apply for and receive federal revenue sharing funds in order to carry out the purposes and provisions of this chapter;

(6) establish a conservation practice loan program as provided in this part; or

(7) apply for, accept, administer, and expend funds, grants, and loans from the state or federal government or any other source.
Mont. Code Ann. § 76-13-206 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-206
76-13-206 What constitutes compliance with duty to protect against fire
Status: in_force

76-13-206 . What constitutes compliance with duty to protect against fire. An owner of land within an organized wildland fire protection district while a member of or while participating in a recognized agency for wildland fire protection or within areas protected by a county must be considered to have fully complied with the requirements of 76-13-212 .
Mont. Code Ann. § 76-6-210 — MT Code / Title 76 / Chapter 6 / Part 2 / Section 76-6-210
76-6-210 Enforcement
Status: in_force

76-6-210 . Enforcement. (1) Conservation easements may be enforced by injunction or proceedings in equity. Representatives of the grantee of the conservation easement shall be entitled to enter the land in a reasonable manner and at reasonable times to assure compliance.

(2) No conservation easement shall be unenforceable on account of lack of privity of estate or contract or lack of benefit to particular land or on account of such conservation easement not being an appurtenant easement or because such easement is an easement in gross.
Mont. Code Ann. § 76-13-702 — MT Code / Title 76 / Chapter 13 / Part 7 / Section 76-13-702
76-13-702 Duties -- authority
Status: in_force

76-13-702 . Duties -- authority. To implement the policy of 76-13-701 , the department of natural resources and conservation:

(1) shall support sustainable forest management practices, including forest restoration, on public forests in Montana consistent with all applicable laws and administrative requirements;

(2) shall provide technical information and educational assistance to nonindustrial, private forest landowners;

(3) shall promote forest management activities within and adjacent to the wildland-urban interface and promote the implementation of community wildfire protection plans;

(4) shall promote a viable forest and wood products industry and other businesses and individual activities that rely on public forest lands;

(5) shall represent the state's interest in the federal forest management planning and policy process, including establishing cooperative agency status and coordination with federal agencies;

(6) shall advocate that Montana be included in federal legislation to establish a good neighbor policy that would allow the secretary of the interior or the secretary of agriculture to enter into a cooperative agreement or contract that would authorize the state forester to provide watershed restoration and protection services on federal land. Watershed restoration and protection services included in the good neighbor policy must include the authority to:

(a) treat insect-infested trees;

(b) reduce hazardous fuels; and

(c) conduct any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.

(7) may assist local government entities in establishing cooperative agency status and coordination with federal agencies;

(8) shall promote the development of an independent, long-term sustained yield calculation on Montana's federal forests;

(9) has the authority to intervene in litigation or appeals on federal forest management projects that:

(a) comply with the policy in 76-13-701 and in which local and state interests are clearly involved; or

(b) involve fuel-loading conditions that the department considers to be a significant threat to public health and safety or to hamper watershed restoration and protection;

(10) has the authority to enter into agreements with federal agencies to participate in forest management activities on federal lands; and

(11) shall participate in and facilitate collaboration between traditional forest interests in reaching consensus-based solutions on federal land management issues.
Mont. Code Ann. § 76-14-105 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-105
76-14-105 Role of state coordinator
Status: in_force

76-14-105 . Role of state coordinator. The state coordinator shall:

(1) serve as an advisor, counselor, and coordinator for and between persons and agencies involved in range management;

(2) strive to create understanding and compatibility between the many users of rangeland, including hunters, anglers, recreationists, ranchers, and others;

(3) promote and coordinate the adoption and implementation of sound range management plans to minimize conflicts between governmental agencies and private landowners;

(4) participate in zoning and planning studies to ensure that native ranges are adequately represented at sessions for development of zoning and planning regulations;

(5) coordinate range management research to help prevent duplication and overlap of effort in this area.
Mont. Code Ann. § 76-15-524 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-524
76-15-524 Receipt and crediting of district funds -- responsibility on bond
Status: in_force

76-15-524 . Receipt and crediting of district funds -- responsibility on bond. The treasurer of the principal county shall receive and receipt for all county tax money of the district and for conservation practice loan repayments, including principal, interest, if any, administrative fees or charges for loans, and interest paid and collected on deposits or investments under a conservation practice loan program and place the same to the credit of the district. The treasurer is responsible for the official bond and for its safekeeping and disbursement, in the manner provided in this part and part 6, of the money of the district held by the treasurer.
Mont. Code Ann. § 76-8-103 — MT Code / Title 76 / Chapter 8 / Part 1 / Section 76-8-103
76-8-103 Buildings for lease or rent -- exemptions
Status: in_force

76-8-103 . Buildings for lease or rent -- exemptions. (1) A building created for lease or rent on a single tract is exempt from the provisions of this part if:

(a) the building is in conformance with applicable zoning regulations adopted pursuant to Title 76, chapter 2, parts 1 through 3, provided that the zoning contains the elements of 76-8-107 ; or

(b) when applicable zoning regulations are not in effect:

(i) the building was in existence or under construction before September 1, 2013;

(ii) the building provides accommodations as defined in 15-68-101 that are subject to the lodging facility use tax under Title 15, chapter 65, except for spaces created for recreational camping vehicles or mobile home parks;

(iii) the building is created for lease or rent for farming or agricultural purposes;

(iv) the building is not served by water and wastewater and will not be leased or rented;

(v) the building is served by water and wastewater and the landowner records a notarized declaration with the clerk and recorder of the county in which the property is located stating that the proposed building will not be leased or rented. The declaration recorded pursuant to this subsection (1)(b)(v) runs with the land and is binding on the landowner and all subsequent landowners and successors in interest to the property. The declaration must include but is not limited to:

(A) the name and address of the landowner;

(B) a legal description of the tract upon which the proposed building will be located; and

(C) a specific description of the building on the tract of record.

(2) Any building that is exempt under subsection (1) from the provisions of this part and that is or will be served by water or wastewater must be in compliance with the provisions of 76-8-106 .

(3) The exemption provided in subsection (1)(b)(i) is limited to the first three buildings created for lease or rent on a single tract.
Mont. Code Ann. § 76-1-204 — MT Code / Title 76 / Chapter 1 / Part 2 / Section 76-1-204
76-1-204 Vacancies on county and city-county planning boards
Status: in_force

76-1-204 . Vacancies on county and city-county planning boards. (1) Vacancies occurring on the board of official members and by death or resignation of citizen members shall be filled for the unexpired term by the governing bodies having appointed them.

(2) Vacancies occurring in citizen members on the county planning board at the end of a term shall be filled by the board of county commissioners.

(3) Vacancies occurring in citizen members on the city-county planning board at the end of a term shall be filled alternately by the mayor and the board of county commissioners represented on the board, commencing with the mayor.

(4) In the event more than one city is represented on a board, the representation and appointments to be made by the respective cities and counties shall be by agreement and rule of the board.
Mont. Code Ann. § 76-15-542 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-542
76-15-542 Conservation practice loan account
Status: in_force

76-15-542 . Conservation practice loan account. (1) The supervisors of a district may allocate a portion of the regular assessment for each fiscal year to a segregated and separate conservation practice loan account within the treasury of the principal county for the purpose of providing funds for conservation practice loans.

(2) Conservation practice loan repayments, including principal, interest, if any, and administrative fees or charges for loans must be deposited in the conservation practice loan account. Interest earned from deposits or investment of funds must be credited to the conservation practice loan account unless the district directs the county treasurer to deposit the interest earned into the conservation district general operating account.

(3) The funds in the conservation practice loan account may be used for conservation practice loans and for the administrative expenses of a conservation practice loan program. Interest paid and collected on the deposits or investments of a conservation practice loan account may be used for the general operations of a conservation district.
Mont. Code Ann. § 76-15-105 — MT Code / Title 76 / Chapter 15 / Part 1 / Section 76-15-105
76-15-105 Duties of department
Status: in_force

76-15-105 . Duties of department. In addition to the duties hereinafter conferred upon the department, it shall:

(1) offer assistance as may be appropriate to the supervisors of conservation districts in the carrying out of their powers and programs;

(2) keep the supervisors of each of the several districts informed of the activities and experiences of all other districts and facilitate an interchange of advice and experiences between the districts and cooperation between them;

(3) coordinate the programs of the several conservation districts hereunder so far as this may be done by advice and consultation;

(4) secure the cooperation and assistance of the United States and of agencies of this state in the work of the districts;

(5) disseminate information throughout the state concerning the activities and programs of the conservation districts; and

(6) encourage the formation of districts in areas where their organization is desirable.
Mont. Code Ann. § 76-3-205 — MT Code / Title 76 / Chapter 3 / Part 2 / Section 76-3-205
76-3-205 Exemption for airport land and state-owned lands -- exception
Status: in_force

76-3-205 . Exemption for airport land and state-owned lands -- exception. (1) A division of land created by lease or rental of contiguous airport-related land owned by a city, a county, the state, or a municipal or regional airport authority is not subject to the requirements of this chapter if the lease or rental is for onsite weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or air carrier-related activities.

(2) A division of state-owned land is not subject to the requirements of this chapter unless the division creates a second or subsequent parcel from a single tract for sale, rent, or lease for residential purposes after July 1, 1974.
Mont. Code Ann. § 76-16-203 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-203
76-16-203 Certificate of approval
Status: in_force

76-16-203 . Certificate of approval. If the creation of the state district appears feasible, beneficial, and desirable to those who own or control more than 50% of the lands to be included in the state district, the commission may issue a certificate of approval.
Mont. Code Ann. § 76-5-202 — MT Code / Title 76 / Chapter 5 / Part 2 / Section 76-5-202
76-5-202 Designation of flood plains and floodways
Status: in_force

76-5-202 . Designation of flood plains and floodways. (1) When sufficient data has been acquired by the department, the department shall establish, by order after a public hearing, the designated flood plain within which a political subdivision may establish land use regulation.

(2) When sufficient data has been acquired, the department shall establish, by order after a public hearing, the designated floodway within which a political subdivision may establish land use regulation.

(3) These designations must be based upon reasonable hydrological certainty. Designations made according to a flood hazard boundary map prepared by the federal emergency management agency have a rebuttable presumption of reasonable hydrological certainty.

(4) The department shall record all designated flood plains or designated floodways in the office of the county clerk and recorder of each county in which those flood plains or floodways are found.
Mont. Code Ann. § 76-2-101 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-101
76-2-101 Planning and zoning commission and district
Status: in_force

76-2-101 . Planning and zoning commission and district. (1) Subject to the provisions of subsection (5), whenever the public interest or convenience may require and on petition of 60% of the affected real property owners in the proposed district, the board of county commissioners may create a planning and zoning district and may appoint a planning and zoning commission consisting of up to seven members.

(2) A planning and zoning district may not be created in an area that has been zoned by an incorporated city pursuant to 76-2-310 and 76-2-311 .

(3) For the purposes of this part, the word "district" means any area that consists of not less than 40 acres.

(4) An action challenging the process to create a planning and zoning district must begin within 6 months after the date of the order by the board of county commissioners creating the district.

(5) (a) Before the board of county commissioners determines whether the number of affected real property owners necessary to meet the petition requirement of subsection (1) has been met, draft documents of the proposed materials that may potentially govern the proposed district must be made available to the board of county commissioners. Draft documents of the proposed materials required in this subsection (5) may include but are not limited to drafts of:

(i) a development pattern as provided in 76-2-104 ;

(ii) a resolution as provided in 76-2-107 ; and

(iii) the land use and zoning regulations as provided in 76-2-107 .

(b) The final adopted development pattern, resolutions, and other materials that govern the zoning district as required in 76-2-104 and 76-2-107 must be similar to the draft documents provided to the county commissioners as required in subsection (5)(a).
Mont. Code Ann. § 76-16-209 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-209
76-16-209 Alteration of state district
Status: in_force

76-16-209 . Alteration of state district. (1) A state district may change the boundaries of the state district, merge with another state district organized under this chapter, or subdivide.

(2) A merger may not be made unless consented to by a majority of the members of each merging state district and approved by the commission after a hearing.

(3) A subdivision may not be made unless consented to by a majority of the members in the affected area and approved by the commission after a hearing.
Mont. Code Ann. § 76-13-152 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-152
76-13-152 Report by department of natural resources and conservation
Status: in_force

76-13-152 . Report by department of natural resources and conservation. By November 1 of each fiscal year, the department of natural resources and conservation shall report in accordance with 5-11-210 to the natural resources and transportation budget committee provided for in 5-12-501 on the expenditures made pursuant to each subsection of 76-13-150 (4) for that fiscal year.
Mont. Code Ann. § 76-17-102 — MT Code / Title 76 / Chapter 17 / Part 1 / Section 76-17-102
76-17-102 Montana public land access network grant program -- donations -- rulemaking
Status: in_force

76-17-102 . (Temporary) Montana public land access network grant program -- donations -- rulemaking. (1) There is a Montana public land access network grant program. An individual or organization may seek a grant from the program to secure public access through private land to public land, as defined in 15-30-2380 , for which there is no other legal public access or to enhance existing access to public land.

(2) The grant program is funded by private donations. State agencies shall, as appropriate, facilitate private donations to the Montana public land access network account established in 76-17-103 , including but not limited to the following methods:

(a) a donation by a person of $1 or more above the price of a conservation license purchased pursuant to 87-2-202 ; and

(b) a donation by a person, as defined in 2-4-102 , through the websites of the department of natural resources and conservation, the department of fish, wildlife, and parks, and the state of Montana.

(3) (a) The department of natural resources and conservation shall adopt a logo for the Montana public land access network grant program, using the acronym "MT-PLAN". The department of natural resources and conservation and the department of fish, wildlife, and parks shall use the logo on signs and maps indicating the locations and access points of public lands made accessible through the grant program.

(b) Subject to the limitations provided in 76-17-103 (4), either department may be reimbursed from the Montana public land access network account established in 76-17-103 for reasonable costs, as determined by the board, that are associated with subsection (3)(a).

(4) The department of natural resources and conservation may adopt rules to implement the provisions of this part. (Terminates June 30, 2027--sec. 10, Ch. 374, L. 2017.)
Mont. Code Ann. § 76-16-318 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-318
76-16-318 Unlawful recovery of trespassing livestock
Status: in_force

76-16-318 . Unlawful recovery of trespassing livestock. Any person taking or rescuing from the possession of a state district or an agent of a state district any animal taken up and impounded pursuant to 76-16-310 through 76-16-317 is guilty of a misdemeanor and upon conviction shall be punishable by a fine not exceeding $200.
Mont. Code Ann. § 76-1-221 — MT Code / Title 76 / Chapter 1 / Part 2 / Section 76-1-221
76-1-221 Membership of city planning board
Status: in_force

76-1-221 . Membership of city planning board. (1) A city planning board shall consist of not less than seven members to be appointed as follows:

(a) one member to be appointed by the city council from its membership;

(b) one member to be appointed by the city council, who may in the discretion of the city council be an employee or hold public office in the city or county in which the city is located;

(c) one member to be appointed by the mayor upon the designation by the county commissioners of the county in which the city is located;

(d) four citizen members to be appointed by the mayor, two of whom shall be resident freeholders within the urban area, if any, outside of the city limits over which the planning board has jurisdiction under this chapter and two of whom shall be resident freeholders within the city limits.

(2) The clerk of the city council shall certify members appointed by its body. The certificates shall be sent to and become a part of the records of the planning board. The mayor shall make similar certification for the appointment of citizen members.
Mont. Code Ann. § 76-13-102 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-102
76-13-102 Definitions
Status: in_force

76-13-102 . Definitions. Unless the context requires otherwise, in part 2 and this part, the following definitions apply:

(1) "Conservation" means the protection and wise use of forest, range, water, and soil resources in keeping with the common welfare of the people of this state.

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

(3) "Forest land" means land that has enough timber, standing or down, slash, or brush to constitute in the judgment of the department a fire menace to life or property. Grassland and agricultural areas are included when those areas are intermingled with or contiguous to and no further than one-half mile from areas of forest land.

(4) (a) "Forest practices" means the harvesting of trees, road construction or reconstruction associated with harvesting and accessing trees, site preparation for regeneration of a timber stand, reforestation, and the management of logging slash.

(b) The term does not include activities for the purpose of:

(i) the operation of a nursery or Christmas tree farm;

(ii) the harvest of Christmas trees;

(iii) the harvest of firewood; or

(iv) the cutting of trees for personal use by an owner or operator.

(5) "Operator" means a person responsible for conducting forest practices. An operator may be the owner, the owner's agent, or a person who, through contractual agreement with the landowner, is obligated to or entitled to conduct forest practices or to carry out a timber sale.

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

(7) "Person" means an individual, corporation, partnership, or association of any kind.

(8) "Recognized agency" means an agency organized for the purpose of providing fire protection and recognized by the department as giving adequate fire protection to lands in accordance with rules adopted by the department.

(9) "Timber sale" means a series of forest practices designed to access, harvest, and regenerate trees on a defined land area.

(10) "Unmanned aerial vehicle" means an aircraft that is operated without direct human intervention from, on, or within the aircraft.

(11) "Unmanned aerial vehicle system" means the entire system used to operate an unmanned aerial vehicle, including:

(a) the unmanned aerial vehicle;

(b) communications equipment;

(c) navigation equipment;

(d) controllers;

(e) support equipment; and

(f) autopilot functionality.

(12) "Wildfire" means an unplanned, unwanted fire burning uncontrolled on wildland and consuming vegetative fuels.

(13) "Wildfire season" means the period of each year beginning May 1 and ending September 30, inclusive.

(14) "Wildfire suppression activities" means any action, response, or effort by a recognized agency to contain, extinguish, or suppress a wildfire.

(15) "Wildland" means an area in which development is essentially nonexistent, except for roads, railroads, powerlines, and similar facilities, and in which structures, if any, are widely scattered.

(16) "Wildland fire" means a fire burning uncontrolled on forest lands.

(17) "Wildland fire protection" means the work of prevention, detection, and suppression of wildland fires and includes training required to perform those functions.

(18) "Wildland fire protection district" means a definite land area, the boundaries of which are fixed and in which wildland fire protection is provided through the medium of an agency recognized by the department.

(19) "Wildland-urban interface" means the line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels.
Mont. Code Ann. § 76-7-213 — MT Code / Title 76 / Chapter 7 / Part 2 / Section 76-7-213
76-7-213 Liability
Status: in_force

76-7-213 . Liability. (1) The creation and approval of an environmental control easement do not waive or release any statutory liability or other obligation of a person for hazardous wastes or substances at an environmental control site. A federal public entity or public body may enforce any applicable law or obligation without regard to any allocation of liability in an easement instrument and without regard to exhaustion of remedies against any party to an easement instrument.

(2) An owner of a site to which the environmental control easement applies and any lessee or licensee of the land are liable for any violation of the provisions of the easement and are liable for abating the violation and for all damages, costs, and attorney fees arising from or attributable to the violation.

(3) Notwithstanding any other provision of law, the holder or other named beneficiary of an environmental control easement or other person enforcing the easement is not liable for hazardous wastes or substances at the environmental control site or for the release of a hazardous or deleterious substance from a facility at the site based upon its ownership of the easement or based upon its maintenance, monitoring, enforcement, or other actions with respect to the easement.
Mont. Code Ann. § 76-13-123 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-123
76-13-123 Failure to extinguish recreational fire
Status: in_force

76-13-123 . Failure to extinguish recreational fire. A person who fails to extinguish a recreational fire that the person has set or ignited or in which the person has been left in charge or who negligently allows the fire to spread from the area described in 76-13-121 is subject to the penalty provided in 50-63-102 and is subject to the provisions of 50-63-103 .
Mont. Code Ann. § 76-1-409 — MT Code / Title 76 / Chapter 1 / Part 4 / Section 76-1-409
76-1-409 Acceptance and administration of government funds and services
Status: in_force

76-1-409 . Acceptance and administration of government funds and services. Upon approval of the governing bodies represented on the board, a planning board may accept, receive, and expend funds, grants, and services from the federal government or its agencies and instrumentalities, from state or local governments or their agencies and instrumentalities, or from civic sources; may contract with respect thereto; and may provide such information and reports as may be necessary to secure such financial aid.
Mont. Code Ann. § 76-2-903 — MT Code / Title 76 / Chapter 2 / Part 9 / Section 76-2-903
76-2-903 Local ordinances
Status: in_force

76-2-903 . Local ordinances. A city, county, taxing district, or other political subdivision of this state may not adopt an ordinance or resolution that prohibits any existing agricultural activities or forces the termination of any existing agricultural activities outside the boundaries of an incorporated city or town. Zoning and nuisance ordinances may not prohibit agricultural activities that were established outside the corporate limits of a municipality and then incorporated into that municipality by annexation.
Mont. Code Ann. § 76-16-106 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-106
76-16-106 Commission fees
Status: in_force

76-16-106 . Commission fees. (1) The commission may impose fees against the state districts in an amount not in excess of 10 cents per animal unit month of grazing preference, based upon the number of animal unit months per year for which the state district grants permits, to defray expenses incurred by the commission in carrying out its powers and duties under this chapter.

(2) These fees must be held in the state special revenue fund to be expended by order and direction of the commission for the operation and administration of the commission under this chapter.

(3) If a state district fails or refuses to pay the fee on or before October 1 of each year and after the state district is provided with a full report from the department of all money collected and expended by it for its fiscal year preceding that date, the commission may compel and levy collection and payment by writ of mandate or other appropriate remedy against the state district.
Mont. Code Ann. § 76-12-101 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-101
76-12-101 Short title
Status: in_force

76-12-101 . Short title. This part shall be known and may be cited as the "Montana Natural Areas Act of 1974".
Mont. Code Ann. § 76-2-229 — MT Code / Title 76 / Chapter 2 / Part 2 / Section 76-2-229
76-2-229 Termination of zoning district
Status: in_force

76-2-229 . 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 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 76-2-205 (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 this part that encompasses the land within the zoning district to be terminated.
Mont. Code Ann. § 76-16-213 — MT Code / Title 76 / Chapter 16 / Part 2 / Section 76-16-213
76-16-213 Final report on dissolution proceedings
Status: in_force

76-16-213 . Final report on dissolution proceedings. A final report of all dissolution proceedings must be made to the commission by the directors. Upon the approval of the report, the commission shall order the state district dissolved.
Mont. Code Ann. § 76-16-404 — MT Code / Title 76 / Chapter 16 / Part 4 / Section 76-16-404
76-16-404 Application for grazing preferences
Status: in_force

76-16-404 . Application for grazing preferences. Any person entitled to grazing preferences within any state district based on dependent commensurate property or commensurate property shall make application within 1 year after the state district is organized to qualify for grazing preference. However, all permittees must be entitled to benefits accruing under 76-16-401 through 76-16-403 .
Mont. Code Ann. § 76-2-309 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-309
76-2-309 Conflict with other laws
Status: in_force

76-2-309 . Conflict with other laws. (1) Wherever the regulations made under authority of this part require a greater width or size of yards, courts, or other open spaces, require a lower height of building or a fewer number of stories, require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this part must govern.

(2) Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, require a lower height of building or a fewer number of stories, require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this part, except for restrictions provided in 76-2-304 (3) and (4), the provisions of the other statute or local ordinance or regulation must govern.
Mont. Code Ann. § 76-4-108 — MT Code / Title 76 / Chapter 4 / Part 1 / Section 76-4-108
76-4-108 Enforcement
Status: in_force

76-4-108 . Enforcement. (1) If the reviewing authority has reason to believe that a violation of this part or a rule adopted or an order issued under this part has occurred, the reviewing authority may have written notice and an order served personally or by certified mail on the alleged violator or the alleged violator's agent. The notice must state the provision alleged to be violated, the facts alleged to constitute the violation, the corrective action required by the reviewing authority, and the time within which the action is to be taken. A notice and order issued by the department under this section may also assess an administrative penalty as provided in 76-4-109 . The alleged violator may, no later than 30 days after service of a notice and order under this section, request a hearing before the local reviewing authority if it issued the notice of violation or the board if the department issued the notice of violation. A request for a hearing must be filed in writing with the appropriate entity and must state the reason for the request. If a request is filed, a hearing must be held within a reasonable time.

(2) In addition to or instead of issuing an order, the reviewing authority may initiate any other appropriate action to compel compliance with this part.

(3) The provisions of this part may be enforced by a reviewing authority other than the department or board only for those divisions described in 76-4-104 (4). If a local reviewing authority fails to adequately enforce the provisions of this part, the department or the board may compel compliance with this part under the provisions of this section.

(4) When a local reviewing authority exercises the authority delegated to it by this section, the local reviewing authority is legally responsible for its actions under this part.

(5) If the department or a local reviewing authority determines that a violation of this part, a rule adopted under this part, or an order issued under this part has occurred, the department or the local reviewing authority may revoke its certificate of approval for the subdivision and reimpose sanitary restrictions following written notice to the alleged violator. Upon revocation of a certificate, the person aggrieved by revocation may request a hearing. A hearing request must be filed in writing within 30 days after receipt of the notice of revocation and must state the reason for the request. The hearing is before the board if the department revoked the certificate or before the local reviewing authority if the local reviewing authority revoked the certificate.

(6) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.
Mont. Code Ann. § 76-2-304 — MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-304
76-2-304 Criteria and guidelines for zoning regulations
Status: in_force

76-2-304 . (Temporary) Criteria and guidelines for zoning regulations. (1) Zoning regulations must be:

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

(b) designed to:

(i) secure safety from fire and other dangers;

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

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

(2) In the adoption of zoning regulations, the municipal governing body shall consider:

(a) reasonable provision of adequate light and air;

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

(c) promotion of compatible urban growth;

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

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

(3) In a city with a population of at least 5,000 residents, duplex housing must be allowed as a permitted use on a lot where a single-family residence is a permitted use, and zoning regulations that apply to the development or use of duplex housing may not be more restrictive than zoning regulations that are applicable to single-family residences.

(4) (a) In a municipality that is designated as an urban area by the United States census bureau with a population over 5,000 as of the most recent census, the city council or other legislative body of the municipality shall allow as a permitted use multiple-unit dwellings and mixed-use developments that include multiple-unit dwellings on a parcel or lot that:

(i) has a will-serve letter from both a municipal water system and a municipal sewer system; and

(ii) is located in a commercial zone.

(b) Zoning regulations in municipalities meeting the requirements of subsection (4)(a) may not include a requirement to provide more than:

(i) one off-street parking space for each unit and accessible parking spaces as required by the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq.; or

(ii) an equivalent number of spaces required under subsection (4)(b)(i) provided through a shared parking agreement.

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

(a) "Duplex housing" means a parcel or lot with two dwelling units that are designed for residential occupancy by not more than two family units living independently from each other.

(b) "Family unit" means:

(i) a single person living or residing in a dwelling or place of residence; or

(ii) two or more persons living together or residing in the same dwelling or place of residence.

(c) "Mixed-use development" means a development consisting of residential and nonresidential uses in which the nonresidential uses are less than 50% of the total square footage of the development and are limited to the first floor of buildings that are two or more stories.

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

(e) "Single-family residence" has the meaning provided in 70-24-103 .
Mont. Code Ann. § 76-15-707 — MT Code / Title 76 / Chapter 15 / Part 7 / Section 76-15-707
76-15-707 Publication of regulations
Status: in_force

76-15-707 . Publication of regulations. Copies of land use regulations adopted under the provisions of 76-15-701 through 76-15-707 shall be printed and made available to all occupiers of land within the district.
Mont. Code Ann. § 76-15-513 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-513
76-15-513 Division between counties of money to be raised by regular and special assessment
Status: in_force

76-15-513 . Division between counties of money to be raised by regular and special assessment. (1) If the district lies in more than one county, the supervisors of the district shall divide the amount of the estimate of the regular assessment in the proportion to the value of the land in the district lying in each county. The value shall be determined from the last assessment rolls of the counties. The supervisors shall furnish the boards of county commissioners of each of the respective counties a statement of the part of the estimate apportioned to the county.

(2) The estimates of the special assessments shall be divided in proportion to the value of land lying within the project area.
Mont. Code Ann. § 76-15-409 — MT Code / Title 76 / Chapter 15 / Part 4 / Section 76-15-409
76-15-409 Purposes of off-stream storage
Status: in_force

76-15-409 . Purposes of off-stream storage. The reservoirs shall provide water storage for appropriators within the conservation district and shall provide water for additional beneficial uses. The reservoir may be part of a federal reclamation project and may be used to provide flood control in the district.
Mont. Code Ann. § 76-15-518 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-518
76-15-518 Certification of assessment to department of revenue -- entry on property tax record
Status: in_force

76-15-518 . Certification of assessment to department of revenue -- entry on property tax record. Subject to 15-10-420 , the board of county commissioners of each county in which any portion of the district is situated may levy the assessment provided in part 6 or this part. The assessment must be certified to the department of revenue and entered on the property tax record of each county.
Mont. Code Ann. § 76-12-111 — MT Code / Title 76 / Chapter 12 / Part 1 / Section 76-12-111
76-12-111 Continuation of existing uses
Status: in_force

76-12-111 . Continuation of existing uses. Land uses on the designated or acquired natural area in existence at the time of designation or acquisition by the board may continue under appropriate leases or agreements. All such land uses shall be controlled under regulations established by the board under 76-12-112 .
Mont. Code Ann. § 76-15-318 — MT Code / Title 76 / Chapter 15 / Part 3 / Section 76-15-318
76-15-318 Cooperation between districts
Status: in_force

76-15-318 . Cooperation between districts. The supervisors of any two or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter.
Mont. Code Ann. § 76-13-213 — MT Code / Title 76 / Chapter 13 / Part 2 / Section 76-13-213
76-13-213 Formula to set landowner assessments for fire protection
Status: in_force

76-13-213 . Formula to set landowner assessments for fire protection. (1) The department shall, pursuant to 76-13-207 , set the annual fire assessment fee due from landowners pursuant to Title 76, chapter 13, parts 1 and 2. The total of all statewide landowner assessments may be no greater than one-third of the amount appropriated by the legislature to fund the protection costs.

(2) The individual assessments must be established using the following criteria:

(a) Each person or corporation who is responsible for fire protection pursuant to 76-13-108 and 76-13-201 and for whom the department provides fire protection must be assessed a per capita landowner fee. The total per capita landowner assessments statewide from persons or corporations who own 20 acres or less of land for which the department provides protection must be as close as administratively possible to 60% of the total private landowner assessments.

(b) A person or corporation who owns more than 20 acres of land for which the department provides protection shall, in addition to the fee assessed pursuant to subsection (2)(a), pay a per-acre fee for each whole acre that the person owns in excess of 20 acres. The total of all assessments statewide from persons or corporations that own more than 20 acres must be as close as administratively possible to 40% of the total private landowner assessments.

(c) A person who owns a share of property and has full ownership of a unit on the property must be assessed an amount not less than one-half of the amount established to be assessed for the property under subsection (2)(a).

(3) (a) Except as provided in subsection (3)(b), the per capita and per-acre fees must remain in effect for subsequent years.

(b) The department shall reset the per capita and per-acre fees whenever it is necessary to obtain up to one-third of the amount appropriated by the legislature.

(c) Whenever the department resets the fees pursuant to subsection (3)(b), it shall do so in accordance with 76-13-201 (2).
Mont. Code Ann. § 76-14-115 — MT Code / Title 76 / Chapter 14 / Part 1 / Section 76-14-115
76-14-115 Selection of loan recipients
Status: in_force

76-14-115 . Selection of loan recipients. (1) Conservation district supervisors shall initially review loan applications for feasibility and prioritize applications for referral to the department.

(2) The department shall organize and review applications for clarity and completeness prior to committee review.

(3) The committee shall consider applications and make recommendations to the department.

(4) The department shall finally approve or disapprove applications recommended by the committee and shall select loan recipients.
Mont. Code Ann. § 76-3-201 — MT Code / Title 76 / Chapter 3 / Part 2 / Section 76-3-201
76-3-201 Exemption for certain divisions of land -- fees for examination of division
Status: in_force

76-3-201 . Exemption for certain divisions of land -- fees for examination of division. (1) Unless the method of disposition is adopted for the purpose of evading this chapter, the requirements of this chapter may not apply to any division of land that:

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

(b) subject to subsection (4), is created to provide security for mortgages, liens, or trust indentures for the purpose of construction, improvements to the land being divided, or refinancing purposes;

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

(d) creates cemetery lots;

(e) is created by the reservation of a life estate;

(f) is created by lease or rental for farming and agricultural purposes;

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

(h) is created for rights-of-way or utility sites. A subsequent change in the use of the land to a residential, commercial, or industrial use is subject to the requirements of this chapter.

(2) An exempt division of land as provided in subsection (1)(a) is not considered a subdivision under this chapter if not more than four new lots or parcels are created from the original lot or parcel.

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

(4) An exemption under subsection (1)(b) applies:

(a) to a division of land of any size;

(b) if the land that is divided is not conveyed to any entity other than the financial or lending institution to which the mortgage, lien, or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien, or trust indenture. Except as provided in subsection (5), a transfer of the divided land, by the owner of the property at the time that the land was divided, to any party other than those identified in this subsection (4)(b) subjects the division of land to the requirements of this chapter.

(c) to a parcel that is created to provide security as provided in subsection (1)(b). The remainder of the tract of land is subject to the provisions of this chapter, if applicable.

(5) If a parcel of land was divided pursuant to subsection (1)(b) and one of the parcels created by the division was conveyed by the landowner to another party without foreclosure before October 1, 2003, the conveyance of the remaining parcel is not subject to the requirements of this chapter.

(6) The governing body:

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

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

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

(d) may not impose conditions on the approval of a division of land under this section except for conditions necessary to ensure compliance with the survey requirements of Title 76, chapter 3, part 4.
Mont. Code Ann. § 76-11-201 — MT Code / Title 76 / Chapter 11 / Part 2 / Section 76-11-201
76-11-201 Short title
Status: in_force

76-11-201 . Short title. This part may be cited as the "Montana Soil Survey Act".
Mont. Code Ann. § 76-3-611 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-611
76-3-611 Review of final plat
Status: in_force

76-3-611 . Review of final plat. (1) The governing body or the agent or agency designated by the governing body shall examine each final plat, and the governing body shall approve the plat only if:

(a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and

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

(2) (a) The governing body may require that final plats and certificates of survey be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before recording with the county clerk and recorder. When the survey data shown on the plat or certificate of survey meets the conditions pursuant to this chapter, the examining land surveyor shall certify the compliance in a printed or stamped certificate on the plat or certificate of survey. The certificate must be signed by the surveyor.

(b) A land surveyor may not act as an examining land surveyor in regard to a plat or certificate of survey in which the surveyor has a financial or personal interest.

(3) (a) A final plat is considered to be received on the date of delivery to the governing body or the agent or agency designated by the governing body when accompanied by the review fee submitted as provided in 76-3-602 .

(b) Within 20 working days of receipt of a final plat, the governing body or the agent or agency designated by the governing body shall determine whether the final plat contains the information required under subsections (1) and (2) and shall notify the subdivider or, with the subdivider's written permission, the subdivider's agent of that determination in writing. If the governing body or its agent or agency determines that the final plat does not contain the information required under subsections (1) and (2), the governing body or its agent or agency shall identify the final plat's defects in the notification.

(c) The governing body or its agent or agency may review subsequent submissions of the final plat only for information found to be deficient during the original review of the final plat under subsection (3)(b).

(d) If the governing body determines that an examining land surveyor must review a final plat pursuant to subsection (2)(a), the governing body or its agent or agency shall identify the requirement in its notification.

(e) The time limits provided in subsection (3)(b) apply to each submission of the final plat until a written determination is made that the final plat contains the information required under subsections (1) and (2) and the subdivider or the subdivider's agent is notified.

(4) If a determination is made under subsection (3)(b) that the final plat contains the information required under subsections (1) and (2), the governing body shall review and approve or deny the final plat within 20 working days.

(5) The subdivider or the subdivider's agent and the governing body or its reviewing agent or agency may mutually agree to extend the review periods provided for in this section.
Mont. Code Ann. § 76-16-320 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-320
76-16-320 Maintenance of fences
Status: in_force

76-16-320 . Maintenance of fences. (1) The cost of construction and maintenance of fence enclosing lands controlled by any member, nonmember, or state district within the external boundaries of the state district must be borne by the member, nonmember, or state district, unless otherwise provided for in the duly approved bylaws of the state district.

(2) In the event of the adoption of provisions to the bylaws of a state district whereby the cost of construction and maintenance of fence is to be distributed proportionately among the parties affected by the cost of construction and maintenance of fence, the state district's proportionate share of the costs and maintenance must be financed only by assessments levied by the state district against the permittee members of the state district and upon consent by 55% of the permittee members.
Mont. Code Ann. § 76-16-316 — MT Code / Title 76 / Chapter 16 / Part 3 / Section 76-16-316
76-16-316 Sale of trespassing livestock
Status: in_force

76-16-316 . Sale of trespassing livestock. (1) Upon receipt of the statement referred to in 76-16-315 , the sheriff shall proceed to advertise and sell at public auction the livestock taken up.

(2) The livestock must be sold on 5 days' notice posted at the courthouse of each county in which any portion of the state district lies and in a newspaper of general circulation in the county. The sheriff may require from the state district a sufficient bond, conditioned upon the following:

(a) that the state district has used reasonable diligence to discover the owner of the stock and to notify the owner in the premises;

(b) that all requirements of law on the part of the state district to be performed in the premises have been performed; and

(c) that the sheriff is indemnified against all liability for the sale of the livestock except as to the sheriff's own failure to perform the things required by law.
Mont. Code Ann. § 76-7-105 — MT Code / Title 76 / Chapter 7 / Part 1 / Section 76-7-105
76-7-105 Conversion or diversion of environmental control sites
Status: in_force

76-7-105 . Conversion or diversion of environmental control sites. An environmental control site in which an environmental control easement has been granted pursuant to this chapter may not be converted or diverted from purposes specified in the easement instrument or released from any restriction, limitation, or requirement specified in the easement instrument unless the conversion, diversion, or release is:

(1) protective of the public health, safety, and welfare and the environment as determined by the department or the United States environmental protection agency that initially approved the easement;

(2) permitted by the criteria for modification or termination imposed at the time of the creation of the easement; and

(3) approved in writing by the easement holder and any other person named in the easement instrument from whom approval is required.
Mont. Code Ann. § 76-15-1014 — MT Code / Title 76 / Chapter 15 / Part 10 / Section 76-15-1014
76-15-1014 Cooperative purchasing contracts
Status: in_force

76-15-1014 . Cooperative purchasing contracts. A conservation district may, in cooperation with one or more other conservation districts, conduct cooperative purchasing as defined in 18-4-401 for the procurement of supplies or services.
Mont. Code Ann. § 76-15-503 — MT Code / Title 76 / Chapter 15 / Part 5 / Section 76-15-503
76-15-503 Permissible uses of state money
Status: in_force

76-15-503 . Permissible uses of state money. All money allocated to a district by the department shall be available to the supervisors of the district for all administrative and other expenses of the district under this chapter and for all administrative and other expenses of the board of adjustment established or to be established by the district.
Mont. Code Ann. § 76-5-204 — MT Code / Title 76 / Chapter 5 / Part 2 / Section 76-5-204
76-5-204 What constitutes notice
Status: in_force

76-5-204 . What constitutes notice. Notice of a hearing or order of the department establishing or altering the flood plains or floodways must be given by publishing the notice once each week for 3 consecutive weeks in a legal newspaper published or of general circulation in the area involved. The last publication of the notice may not be less than 10 days prior to the date set for the hearing or the effective date of the order.
Mont. Code Ann. § 76-15-602 — MT Code / Title 76 / Chapter 15 / Part 6 / Section 76-15-602
76-15-602 Hearing on petition to establish project area
Status: in_force

76-15-602 . Hearing on petition to establish project area. Upon receipt of a petition to establish a project area, the board or boards of supervisors shall cause due notice to be given of a public hearing on the petition.
Mont. Code Ann. § 76-13-105 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-105
76-13-105 Protection of lands and improvements from fire
Status: in_force

76-13-105 . Protection of lands and improvements from fire. (1) Nonforest lands and improvements may be protected by the department when requested by the landowner at rates determined by the department in those areas where a recognized agency is available.

(2) Land classified as forest land under 76-13-107 that is within a wildland fire protection district, as provided in 76-13-204 , or that is otherwise under contract for fire protection by a recognized agency must be protected as provided in 76-13-201 and 76-13-207 .

(3) Private and public land, whether classified as forest land or otherwise, that is not within a wildland fire protection district or under the protection of a recognized agency or a municipality must be protected by a county as provided in 7-33-2202 . The county governing body shall either provide direct protection, as provided in 7-33-2202 (4), or it shall enter into an agreement for protection with a recognized agency.
Mont. Code Ann. § 76-2-106 — MT Code / Title 76 / Chapter 2 / Part 1 / Section 76-2-106
76-2-106 Adoption of development district
Status: in_force

76-2-106 . Adoption of development district. (1) Adoption by the planning and zoning commission of the development district or any change therein may be in whole or in part but must be by the affirmative vote of the majority of the whole commission, provided, however, that prior to any such adoption, a public hearing shall have been held not less than 15 days after notice thereof shall have been posted in at least three public places within the area affected.

(2) The resolution adopting the district or any part or parts covering one or more of the functional elements which may be included within the district shall refer expressly to the maps, charts, and descriptive matters forming the pattern or part thereof. The board of county commissioners shall have the power to authorize such variance from the recommendations of the planning commission as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the decision of the planning and zoning commission will result in unnecessary hardship.
Mont. Code Ann. § 76-13-114 — MT Code / Title 76 / Chapter 13 / Part 1 / Section 76-13-114
76-13-114 Disposition of fines
Status: in_force

76-13-114 . Disposition of fines. Fines collected in a court of the state under part 2 or this part, except those collected in a justice's court, must be transferred to the department of revenue for deposit in the state special revenue fund. When a person is convicted in any court of a violation of part 2 or this part, the court may levy and collect as costs in the case the amount necessary to compensate the county for the expenditures made in and for the prosecution of the offender. These costs when collected, except those collected in a justice's court, must be deposited by the court with the proper county treasurer for the benefit of the county.
Mont. Code Ann. § 76-1-607 — MT Code / Title 76 / Chapter 1 / Part 6 / Section 76-1-607
76-1-607 Growth policy -- use and amendment for coordination and cooperation with federal agencies
Status: in_force

76-1-607 . Growth policy -- use and amendment for coordination and cooperation with federal agencies. (1) A local governing body may use a growth policy as a resource management plan for the purposes of establishing coordination or cooperating agency status with a federal land management agency.

(2) The governing body may amend the growth policy to include any elements required by a federal land management agency to establish coordination or cooperating agency status.
Mont. Code Ann. § 76-25-201 — MT Code / Title 76 / Chapter 25 / Part 2 / Section 76-25-201
76-25-201 Adoption or amendment of land use plan and future land use map
Status: in_force

76-25-201 . Adoption or amendment of land use plan and future land use map. (1) The local governing body shall adopt or amend by resolution a land use plan and future land use map in accordance with this part only after consideration by and on the recommendation of the planning commission.

(2) Prior to making a recommendation to the governing body to adopt or amend a land use plan and future land use map, the planning commission shall:

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

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

(3) After meeting the requirements of subsection (2), the planning commission shall make a final recommendation to the governing body to adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the proposed land use plan and future land use map.

(4) The governing body shall incorporate any existing neighborhood, area, or plans adopted pursuant to Title 76, chapter 1, that meet the requirements of this chapter into the land use plan and future land use map.

(5) (a) The governing body shall consider the recommendation of the planning commission to adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the proposed land use plan and future land use map.

(b) After providing public notice and participation in accordance with 76-25-106 , the governing body may adopt, with any revisions the local governing body considers appropriate, or reject the land use plan and future land use map or any amendment to the proposed land use plan and future land use map proposed by the planning commission.

(6) An amendment to a land use plan or future land use map may be initiated:

(a) by majority vote of the governing body;

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

(c) by a property owner applying for a zoning, subdivision, or other land use permit.

(7) (a) After the initiation of an amendment to a land use plan or future land use map allowed in subsection (6), the planning commission shall make a preliminary determination of whether the proposed land use plan or future land use map 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 in the development of the land use plan.

(b) If the planning commission finds new or increased impacts from the proposed land use plan or future land use map amendment, the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission with the opportunity to consider all potential impacts resulting from the amendment before proceeding under subsection (2).

(8) The governing body may not amend the land use plan or future land use map unless:

(a) the amendment is found in substantial compliance with the land use plan; and

(b) the potential impacts resulting from development in substantial compliance with the proposed amendment have been made available for public review and comment and have been fully considered by the governing body.
Mont. Code Ann. § 76-16-110 — MT Code / Title 76 / Chapter 16 / Part 1 / Section 76-16-110
76-16-110 Administrative procedure act applicable
Status: in_force

76-16-110 . Administrative procedure act applicable. The Montana Administrative Procedure Act applies to this chapter.
Mont. Code Ann. § 76-3-602 — MT Code / Title 76 / Chapter 3 / Part 6 / Section 76-3-602
76-3-602 Fees
Status: in_force

76-3-602 . Fees. The governing body may establish reasonable fees to be paid by the subdivider to defray the expense of reviewing subdivision applications.