reglab/housing_qa huggingface dataset:
MT Code § 67-7-210 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 7. Airport Affected Areas|Part 2. Designation and Regulation of Airport Affected Areas|67-7-210. Acquisition of property rights when regulations not sufficient

  67-7-210. Acquisition of property rights when regulations not sufficient. The political subdivision within which a property or nonconforming use is located or the political subdivision owning the airport or served by the airport may acquire, by purchase, grant, or condemnation pursuant to Title 70, chapter 30, an air right, aviation easement, or other estate or interest in the property or nonconforming structure or use that is necessary to effectuate the purposes of this chapter. The governing body of the political subdivision may acquire an interest when:   (1) it is desirable to remove, lower, or otherwise terminate a nonconforming structure or use;   (2) the necessary approach protection cannot, because of constitutional limitations, be provided by airport affected area regulations under this chapter; or   (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport affected area regulations.   History: En. Sec. 12, Ch. 300, L. 2005.
MT Code § 67-7-211 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 7. Airport Affected Areas|Part 2. Designation and Regulation of Airport Affected Areas|67-7-211. Regulations relative to zoning ordinances

  67-7-211. Regulations relative to zoning ordinances. (1) Subject to the provisions of subsections (2) and (3), if a governing body has adopted a zoning ordinance or resolution, any regulations adopted under this chapter may be made a part of the zoning ordinance or resolution and may be administered and enforced in connection with it.   (2) The zoning ordinance or resolution may not limit the effectiveness or scope of the regulations adopted pursuant to this chapter.   (3) When a conflict exists between the regulations adopted pursuant to this chapter and any zoning ordinances or resolutions applicable to the same area that the regulations are intended to govern, the more stringent limitation or requirement prevails.   History: En. Sec. 13, Ch. 300, L. 2005.
MT Code § 67-7-212 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 7. Airport Affected Areas|Part 2. Designation and Regulation of Airport Affected Areas|67-7-212. Permit system

  67-7-212. Permit system. (1) The regulations adopted pursuant to this chapter must provide for a permit system for erecting new structures or trees, changing uses of land or structures, and substantially altering, repairing, or replacing existing structures or replacing existing trees within the airport affected area.   (2) A permit may not be granted that would allow the establishment of an airport hazard or that would allow a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the designation of the airport affected area and the regulations adopted to protect the airport affected area.   (3) A permit granted pursuant to this chapter may require the owner of a structure or tree to allow the governing body, at the owner's expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the presence of an airport hazard.   History: En. Sec. 14, Ch. 300, L. 2005.
MT Code § 67-7-301 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 7. Airport Affected Areas|Part 3. Enforcement and Variances|67-7-301. Enforcement

  67-7-301. Enforcement. The governing body or its designated agent or agency is responsible for enforcing the regulations adopted pursuant to this chapter. The regulations must provide for an enforcement officer and an appeal process from the decision of the enforcement officer, who may be an existing employee of the local government.   History: En. Sec. 15, Ch. 300, L. 2005.
MT Code § 67-7-302 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 7. Airport Affected Areas|Part 3. Enforcement and Variances|67-7-302. Appeals

  67-7-302. Appeals. (1) The governing body that designated the airport affected area shall act as an airport appeals board or appoint an airport appeals board that functions in the same manner as a board of adjustment provided for in Title 76, chapter 2. If the governing body appoints an airport appeals board, the board must have at least three members.   (2) The provisions of 76-2-223 and 76-2-225 through 76-2-228 apply to the governing body of a county or an airport appeals board appointed by that governing body and the provisions of 76-2-323 and 76-2-325 through 76-2-328 apply to the governing body of a municipality or an airport appeals board appointed by that governing body when considering grievances relating to regulations, variances, or permits.   (3) If a governing body has appointed a board of adjustment under the provisions of 76-2-221 through 76-2-228 or 76-2-321 through 76-2-328, the governing body may designate the members of that board as the airport appeals board, in which case the terms of the members for the purposes of this chapter are concurrent with their terms as members of the board of adjustment.   History: En. Sec. 16, Ch. 300, L. 2005.
MT Code § 67-7-303 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 7. Airport Affected Areas|Part 3. Enforcement and Variances|67-7-303. Variance

  67-7-303. Variance. (1) A person intending to erect or increase the height of a structure, permit the growth of a tree, or use property in a manner that is not in accordance with the requirements of the regulations adopted pursuant to this chapter may apply to the governing body or an enforcement officer appointed for this purpose by the governing body for a variance from the regulations.   (2) If an enforcement officer has been appointed by the governing body, the decision of the officer is final unless it is appealed to either the governing body or the airport appeals board, if one exists.   (3) A variance must be granted when a literal application or enforcement of the regulations would result in substantial practical difficulty or unnecessary hardship and when the variance would not be contrary to the public interest.   (4) A variance must be granted for a nonconforming use when there is no immediate hazard to safe flying operations or to persons and property in the vicinity of the airport and when the noise or vibrations from normal and anticipated normal airport operations would not be likely to cause damage to structures.   (5) A variance granted under this section may require the owner of a structure or tree to allow the political subdivision, at the owner's expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the presence of an airport hazard.   (6) A person who builds a structure pursuant to a variance from the airport affected area regulations or who takes or buys property in an airport affected area for which a variance has been granted is on notice that the airport existed before the variance was granted and that normal and anticipated normal operations of the airport will result in noise, vibrations, and fumes being projected over the property. A person using a structure built pursuant to a variance may not collect damages from a governing body or local government or from an airport authority, airport operator, or airport owner for interference with the enjoyment of that structure caused by noise, vibrations, and fumes from normal and anticipated normal airport operations.   History: En. Sec. 17, Ch. 300, L. 2005.
MT Code § 67-7-304 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 7. Airport Affected Areas|Part 3. Enforcement and Variances|67-7-304. Penalty

  67-7-304. Penalty. A person who violates the provisions of this chapter or the regulations adopted under 67-7-203 is subject to a civil penalty and a criminal penalty. The civil penalty is a fine of $100 for each day that the violation is not remedied after the governing body has given notification of the violation and held a hearing on the violation. The criminal penalty is a fine of $500, pursuant to 45-2-104.   History: En. Sec. 18, Ch. 300, L. 2005.
MT Code § 67-7-305 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 7. Airport Affected Areas|Part 3. Enforcement and Variances|67-7-305. Injunction

  67-7-305. Injunction. A local governing body may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this chapter or the regulations adopted pursuant to this chapter.   History: En. Sec. 19, Ch. 300, L. 2005.
MT Code § 67-10-101 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 10. Municipal Airports|Part 1. General Provisions|67-10-101. Short title

  67-10-101. Short title. This chapter may be cited as the "Municipal Airports Act".   History: En. Sec. 22, Ch. 288, L. 1947; R.C.M. 1947, 1-828; amd. Sec. 2, Ch. 140, L. 1979.
MT Code § 67-10-102 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 10. Municipal Airports|Part 1. General Provisions|67-10-102. Acquisition and establishment of airports

  67-10-102. Acquisition and establishment of airports. (1) Counties, cities, and towns may, either individually or by the joint action of a county and one or more of the cities and towns within the county, acquire by gift, deed, purchase, or condemnation pursuant to Title 70, chapter 30, land for airport purposes. The local governments may use the land to establish, construct, own, control, lease, equip, improve, operate, and regulate airports for the use of airplanes and other aircraft.   (2) In addition, a county, city, or town may exercise the authority granted by this section by acting jointly with one or more counties, with one or more cities, with one or more towns, or with any combination of counties, cities, or towns. A multijurisdictional airport is not required to be located, in whole or in part, within the limits of each subdivision participating in the joint venture.   History: En. Sec. 1, Ch. 108, L. 1929; re-en. Sec. 5668.35, R.C.M. 1935; amd. Sec. 1, Ch. 54, L. 1941; amd. Sec. 1, Ch. 88, L. 1961; R.C.M. 1947, 1-801; amd. Sec. 39, Ch. 125, L. 2001; amd. Sec. 20, Ch. 300, L. 2005.
MT Code § 67-10-103 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 10. Municipal Airports|Part 1. General Provisions|67-10-103. Public purpose

  67-10-103. Public purpose. (1) Land acquired, owned, controlled, or occupied by a county, city, or town, individually or pursuant to joint action for the purposes enumerated in 67-10-102, is acquired, owned, controlled, and occupied for a public use and as a matter of public necessity. Counties, cities, and towns, whether acting individually or jointly, have the right to acquire property for the enumerated purposes under the power of eminent domain as provided in Title 70, chapter 30.   (2) The following are public and governmental functions, exercised for a public purpose and as matters of public necessity:   (a) the acquisition of land or an interest in land pursuant to this chapter;   (b) the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition or elimination of airport hazards; and   (c) the exercise of any other powers granted in this chapter to municipalities and other public agencies, to be severally or jointly exercised.   (3) All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this chapter are acquired and used for public and governmental purposes and as a matter of public necessity and, in the case of a county or municipality, for county or municipal purposes, respectively.   History: (1)En. Sec. 2, Ch. 108, L. 1929; re-en. Sec. 5668.36, R.C.M. 1935; amd. Sec. 2, Ch. 54, L. 1941; amd. Sec. 2, Ch. 88, L. 1961; Sec. 1-802, R.C.M. 1947; (2)En. Sec. 15, Ch. 288, L. 1947; Sec. 1-822, R.C.M. 1947; R.C.M. 1947, 1-802, 1-822; amd. Sec. 3, Ch. 140, L. 1979; amd. Sec. 40, Ch. 125, L. 2001.
MT Code § 67-10-104 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 10. Municipal Airports|Part 1. General Provisions|67-10-104. Construction

  67-10-104. Construction. This chapter shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this state and other states and of the government of the United States having to do with the subject of municipal airports.   History: En. Sec. 19, Ch. 288, L. 1947; R.C.M. 1947, 1-826; amd. Sec. 4, Ch. 140, L. 1979.
MT Code § 67-10-202 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 10. Municipal Airports|Part 2. General Powers of Municipality Relating to Airports|67-10-202. Creation of board -- funding -- rules

  67-10-202. Creation of board -- funding -- rules. (1) The county, city, or town, acting individually or acting jointly as authorized by 67-10-102, having established an airport and acquired property for that purpose, may construct, improve, equip, maintain, and operate the airport. The county, city, or town may create a board or body from the residents of the county, city, town, or joint subdivision of the state and may confer upon the board or body the jurisdiction for the improvement, equipment, maintenance, and operation of the airport. The board of county commissioners, the city or town council, or the board of county commissioners and the council or councils under a joint venture may adopt rules and establish fees or charges for the use of the airport or may authorize the board or body to do so, subject to the approval of the appointing power before the fees or charges may take effect. All expenses of the construction, improvement, equipment, maintenance, and operation are a charge against the county, city, or town. When a county, city, or town acts jointly under the authority provided in this section, the charges are against the joint subdivision of the state and must be apportioned according to benefits to accrue, the proportion to be paid by each to be fixed in advance by joint resolution of the governing bodies.   (2) For the purpose of complying with subsection (1), when the airport is a joint venture, a joint fund must be created and maintained into which each of the political subdivisions in the joint venture shall deposit its proportionate share in accordance with the predetermination of the board of county commissioners and council or councils affected.   (3) All disbursements from the fund must be made by order of the joint board or body, if one is created as authorized, otherwise under the rules that the joint control by the commissioners and council or councils may adopt.   History: En. Sec. 3, Ch. 108, L. 1929; re-en. Sec. 5668.37, R.C.M. 1935; amd. Sec. 3, Ch. 54, L. 1941; amd. Sec. 3, Ch. 88, L. 1961; R.C.M. 1947, 1-803; amd. Sec. 21, Ch. 300, L. 2005.
MT Code § 67-10-203 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 10. Municipal Airports|Part 2. General Powers of Municipality Relating to Airports|67-10-203. Mutual assistance

  67-10-203. Mutual assistance. If any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality or municipalities in exercising the powers and authority granted by this chapter, such municipality may furnish assistance by gift of real or personal property or lease or loan thereof with or without charge or interest. In appropriating such property or money and providing for such assistance by taxation, the issuance of bonds, or other means, the municipality may exercise all of its powers as though used for its own direct purposes as provided in this chapter.   History: En. Sec. 12, Ch. 288, L. 1947; R.C.M. 1947, 1-819; amd. Sec. 6, Ch. 140, L. 1979.
MT Code § 67-10-204 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 10. Municipal Airports|Part 2. General Powers of Municipality Relating to Airports|67-10-204. Joint exercise of powers

  67-10-204. Joint exercise of powers. (1) For the purposes of 67-10-204 through 67-10-206, unless otherwise qualified, the term "public agency" includes municipality, as defined in this title; any agency of the state government and of the United States; and any municipality, political subdivision, and agency of another state; and the term "governing body" means the governing body of a county or municipality and the head of the agency if the public agency is other than a county or municipality.   (2) All powers, privileges, and authority granted to any municipality by this chapter may be exercised and enjoyed jointly with any public agency of this state and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. If not otherwise authorized by law, any agency of the state government when acting jointly with any municipality may exercise and enjoy all of the powers, privileges, and authority conferred by this chapter upon a municipality.   (3) Any two or more public agencies may enter into agreements with each other for joint action pursuant to the provisions of 67-10-204 through 67-10-206. Concurrent action by ordinance, resolution, or otherwise of the governing bodies of the participating public agencies constitutes joint action. Each such agreement shall specify its duration; the proportionate interest which each public agency has in the property, facilities, and privileges involved; the proportion to be borne by each public agency of preliminary costs and costs of acquisition, establishment, construction, enlargement, improvement, and equipment of the airport or air navigation facility; the proportion of the expenses of maintenance, operation, regulation, and protection thereof to be borne by each; and such other terms as are required by the provisions of 67-10-204 through 67-10-206. The agreement may also provide for amendments thereof and conditions and methods of termination of the agreement; the disposal of all or any of the property, facilities, and privileges jointly owned, prior to or upon said property, facilities, and privileges, or any part thereof, ceasing to be used for the purposes provided in this chapter or upon termination of the agreement; the distribution of the proceeds received upon any such disposal and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebtedness arising from the joint venture which remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient.   History: En. Sec. 14, Ch. 288, L. 1947; amd. Sec. 1, Ch. 10, L. 1975; R.C.M. 1947, 1-821(a), (b); amd. Sec. 7, Ch. 140, L. 1979.
MT Code § 67-10-205 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 10. Municipal Airports|Part 2. General Powers of Municipality Relating to Airports|67-10-205. Joint airport board

  67-10-205. Joint airport board. (1) Public agencies acting jointly pursuant to 67-10-204 through 67-10-206 shall create a joint board that must consist of members appointed by the governing body of each participating public agency. Per diem and mileage of the joint board may be set by resolution of the board of county commissioners. The number of members to be appointed and their terms must be provided for in the joint agreement. A joint board shall organize, select officers for terms to be fixed by the agreement, and from time to time adopt and amend rules for its own procedure. The joint board may plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard to be jointly acquired, controlled, and operated. Subject to subsection (2), the board may exercise on behalf of its constituent public agencies all the powers of each public agency with respect to the airport, air navigation facility, or airport hazard.   (2) (a) The total expenditures to be made by the joint board for any purpose in any calendar year must be determined by a budget approved by the governing bodies of its constituent public agencies.   (b) An airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums fixed by the joint agreement or allotted in the annual budget, may not be acquired by the joint board without the approval of the governing bodies of its constituent public agencies.   (c) Eminent domain proceedings authorized under 67-10-204 through 67-10-206 and conducted as provided in Title 70, chapter 30, may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. If authorized, eminent domain proceedings must be instituted in the names of the constituent public agencies jointly, and the property acquired must be held by the public agencies as tenants in common until conveyed by them to the joint board.   (d) The joint board may not dispose of any airport, air navigation facility, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies. However, the joint board may, without consent, enter into the contract, lease, or other arrangements contemplated by 67-10-302.   (e) Any resolutions, rules, or orders of the joint board that deal with subjects authorized by 67-10-301 are effective only upon approval of the governing bodies of the constituent public agencies. Upon approval, the resolutions, rules, or orders of the joint board have the same force and effect in the territories or jurisdictions involved that the ordinance, resolutions, rules, or orders of each public agency would have in its own territory or jurisdiction.   History: En. Sec. 14, Ch. 288, L. 1947; amd. Sec. 1, Ch. 10, L. 1975; R.C.M. 1947, 1-821(c), (d); amd. Sec. 42, Ch. 125, L. 2001.
MT Code § 67-10-206 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 10. Municipal Airports|Part 2. General Powers of Municipality Relating to Airports|67-10-206. Joint fund

  67-10-206. Joint fund. For the purpose of providing a joint board with moneys for the necessary expenditures in carrying out the provisions of 67-10-204 and 67-10-205, a joint fund shall be created and maintained into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Each of the constituent public agencies shall provide its share of the fund from sources available to each. Any federal, state, or other contributions or loans and the revenues obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from such fund shall be made by order of the board, subject to the limitations prescribed in 67-10-205(2).   History: En. Sec. 14, Ch. 288, L. 1947; amd. Sec. 1, Ch. 10, L. 1975; R.C.M. 1947, 1-821(e).
MT Code § 67-10-207 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 10. Municipal Airports|Part 2. General Powers of Municipality Relating to Airports|67-10-207. Supplementary powers

  67-10-207. Supplementary powers. In addition to the general and special powers conferred by this chapter, every municipality is authorized to exercise powers necessarily incidental to the exercise of such general and special powers.   History: En. Sec. 17, Ch. 288, L. 1947; R.C.M. 1947, 1-824; amd. Sec. 8, Ch. 140, L. 1979.
MT Code § 67-10-208 (2021)
2021 Montana Code Annotated|Title 67. Aeronautics|Chapter 10. Municipal Airports|Part 2. General Powers of Municipality Relating to Airports|67-10-208. through 67-10-210 reserved

  67-10-208 through 67-10-210 reserved.