reglab/housing_qa huggingface dataset:
MT Code § 76-8-102 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 8. Buildings for Lease or Rent|Part 1. Lease or Rent -- General Provisions|76-8-102. Buildings for lease or rent -- review procedure

  76-8-102. Buildings for lease or rent -- review procedure. (1) Unless the buildings are exempt from review as provided in 76-8-103 or subject to review as provided in 76-8-106, an application for the creation of buildings for lease or rent on a single tract must be reviewed as provided in this section.   (2) An application pursuant to this section for the creation of buildings for lease or rent must be submitted for review to:   (a) the governing body or its agent or agency in which the buildings are proposed to be located; and   (b) the department or local reviewing authority if review by the department or local reviewing authority is required by Title 76, chapter 4 or to the local board or department of health if review is required by Title 50.   (3) (a) Upon receipt of an application and any applicable fees, the governing body or its agent or agency shall within 10 working days determine whether the application contains the required materials and sufficient information for review. The governing body or its agent or agency shall notify the applicant in writing as to whether the application is complete. If the application is incomplete, the governing body shall identify any missing materials or insufficient information.   (b) After the governing body or its agent or agency has notified the applicant that the application is complete, the governing body shall approve, conditionally approve, or deny the application for the creation of buildings for lease or rent pursuant to this section within 60 working days. The applicant and the governing body may agree to extend the time for review in writing.   (c) Review and approval, conditional approval, or denial of an application for the creation of buildings for lease or rent pursuant to this section must be based upon the regulations in effect at the time an application is determined to be complete. If regulations change during the period that the application is determined to be complete, the determination of whether the application is complete must be based on the new regulations.   (4) The governing body may establish a reasonable fee to be paid by the landowner commensurate with the cost of reviewing applications submitted pursuant to this section.   (5) If the governing body denies, approves, or conditionally approves the proposed creation of buildings for lease or rent pursuant to this section, the governing body shall provide written notification to the landowner within the 60 working-day period provided in this section.   History: En. Sec. 6, Ch. 379, L. 2013.
MT Code § 76-8-103 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 8. Buildings for Lease or Rent|Part 1. Lease or Rent -- General Provisions|76-8-103. Buildings for lease or rent -- exemptions

  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 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.   History: En. Sec. 2, Ch. 379, L. 2013; amd. Sec. 10, Ch. 484, L. 2021.
MT Code § 76-8-104 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 8. Buildings for Lease or Rent|Part 1. Lease or Rent -- General Provisions|76-8-104. and 76-8-105 reserved

  76-8-104 and 76-8-105 reserved.
MT Code § 76-8-106 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 8. Buildings for Lease or Rent|Part 1. Lease or Rent -- General Provisions|76-8-106. Buildings for lease or rent -- three or fewer buildings -- application -- review procedures

  76-8-106. Buildings for lease or rent -- three or fewer buildings -- application -- review procedures. (1) A landowner shall submit an application for the creation of the first three or fewer buildings for lease or rent on a single tract to the department or local reviewing authority for sanitation review if review is required by Title 76, chapter 4, or to the local board or department of health if review is required by Title 50.   (2) If the department or local reviewing authority approves the application, the landowner shall record the certificate of approval and any conditions for the approval of the application with the county clerk and recorder.   (3) If a building for lease or rent is created on a single tract on or after September 1, 2013, and the tract is later subdivided or an exemption from subdivision review is used pursuant to Title 76, chapter 3, any building for lease or rent on the new tract is subject to the provisions of 76-8-102, 76-8-107, and 76-8-108.   History: En. Sec. 3, Ch. 379, L. 2013.
MT Code § 76-8-107 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 8. Buildings for Lease or Rent|Part 1. Lease or Rent -- General Provisions|76-8-107. Buildings for lease or rent -- four or more buildings -- regulations

  76-8-107. Buildings for lease or rent -- four or more buildings -- regulations. (1) A governing body shall adopt regulations for the administration and enforcement of the creation of four or more buildings for lease or rent on a single tract.   (2) The regulations adopted pursuant to this section must, at a minimum:   (a) list the materials that must be included in an application for the creation of four or more buildings for lease or rent;   (b) require a description of:   (i) property boundaries;   (ii) onsite and adjacent offsite streets, roads, and easements;   (iii) geographic features;   (iv) existing septic tanks and drainfields;   (v) existing wells; and   (vi) existing and proposed buildings;   (c) require adequate water supply and sewage and solid waste disposal facilities;   (d) require an assessment of potential significant impacts on the surrounding physical environment and human population in the area to be affected, including conditions, if any, that may be imposed on the proposal to avoid or minimize potential significant impacts identified;   (e) require adequate emergency medical, fire protection, and law enforcement services;   (f) require access to the site; and   (g) comply with applicable flood plain requirements.   (3) Prior to adopting regulations pursuant to this section, the governing body shall provide an opportunity for public hearing and comment on the proposed regulations. Notice of the public hearing must be published as provided in 7-1-2121 if the governing body is a county commission or as provided in 7-1-4127 if the governing body is a city commission or a town council and must be posted not less than 30 days before the public hearing in at least five public places, including but not limited to public buildings. Public comment must be addressed before the regulations are adopted.   History: En. Sec. 4, Ch. 379, L. 2013.
MT Code § 76-8-108 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 8. Buildings for Lease or Rent|Part 1. Lease or Rent -- General Provisions|76-8-108. Additional review criteria -- four or more buildings for lease or rent

  76-8-108. Additional review criteria -- four or more buildings for lease or rent. (1) (a) Upon a majority vote, a governing body may increase the minimum number of buildings created for lease or rent that are subject to review by the governing body pursuant to 76-8-107. The governing body may elect to increase the minimum number subject to review by the governing body for all buildings created for lease or rent or may limit the increase to specific types or uses of buildings created for lease or rent.   (b) For purposes of subsection (1)(a), the governing body shall adopt regulations pursuant to 76-8-107 identifying the number or types of buildings created for lease or rent that are subject to review by the governing body.   (2) Upon a supermajority vote, the governing body may adopt regulations pursuant to 76-8-107 for the purpose of reviewing four or more buildings for lease or rent that are in addition to the regulations provided in 76-8-107. For purposes of this subsection, a governing body may adopt any regulations it considers necessary to protect public health, safety, or the general welfare.   History: En. Sec. 5, Ch. 379, L. 2013.
MT Code § 76-8-109 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 8. Buildings for Lease or Rent|Part 1. Lease or Rent -- General Provisions|76-8-109. through 76-8-112 reserved

  76-8-109 through 76-8-112 reserved.
MT Code § 76-8-113 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 8. Buildings for Lease or Rent|Part 1. Lease or Rent -- General Provisions|76-8-113. Actions against governing body and department

  76-8-113. Actions against governing body and department. (1) An applicant who has filed an application for the creation of buildings for lease or rent and who is aggrieved by a decision of the department or the local reviewing authority may request a hearing as provided in 76-4-126(1). For purposes of this subsection, the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to the proceeding.   (2) An applicant who has filed an application for the creation of buildings for lease or rent or a landowner with a property boundary contiguous to the tract on which the buildings are proposed to be located who is aggrieved by a decision of the governing body may, within 30 days of the date of the decision of the governing body, appeal to the district court in the county in which the property involved is located.   (3) For purposes of this section, "aggrieved" has the meaning provided in 76-3-625.   History: En. Sec. 7, Ch. 379, L. 2013.
MT Code § 76-8-114 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 8. Buildings for Lease or Rent|Part 1. Lease or Rent -- General Provisions|76-8-114. Violations -- penalties

  76-8-114. Violations -- penalties. (1) If any building is created in violation of this part, the governing body may, in addition to assessing a fine or penalty not to exceed a maximum of $500, initiate an action to:   (a) prevent the unlawful creation of the building;   (b) restrain, correct, or abate a violation; or   (c) prevent the occupancy of the building.   (2) For the purposes of enforcing the provisions of this part, the governing body shall attempt to obtain voluntary compliance from the landowner at least 30 days prior to initiating an action for a violation of this part.   History: En. Sec. 8, Ch. 379, L. 2013.
MT Code § 76-9-101 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 9. Shooting Ranges|Part 1. Protection of Shooting Range Location and Investments|76-9-101. Policy

  76-9-101. Policy. It is the policy of the state of Montana to provide for the health, safety, and welfare of the citizens of the state by promoting the safety and enjoyment of the shooting sports among the citizens of the state and by protecting the locations of and investment in shooting ranges for shotgun, archery, rifle, and pistol shooting.   History: En. Sec. 1, Ch. 415, L. 1991.
MT Code § 76-9-102 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 9. Shooting Ranges|Part 1. Protection of Shooting Range Location and Investments|76-9-102. Prohibitions

  76-9-102. Prohibitions. (1) Standards adopted by a state agency or unit of local government to limit levels of noise that may occur in the outdoor atmosphere may not apply to shooting ranges.   (2) Standards adopted by a state agency or unit of local government promulgated pursuant to Title 75 and concerning pollution by lead, copper, or brass may not limit or prohibit the operation of a shooting range because of lead, copper, or brass deposition resulting from shooting activities.   History: En. Sec. 2, Ch. 415, L. 1991.
MT Code § 76-9-103 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 9. Shooting Ranges|Part 1. Protection of Shooting Range Location and Investments|76-9-103. Planning -- effect on shooting ranges

  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.   History: En. Sec. 3, Ch. 415, L. 1991; amd. Sec. 65, Ch. 44, L. 2007.
MT Code § 76-9-104 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 9. Shooting Ranges|Part 1. Protection of Shooting Range Location and Investments|76-9-104. Zoning -- effect on shooting ranges

  76-9-104. Zoning -- effect on shooting ranges. A planning district growth policy, recommendation, resolution, rule, or zoning designation may not:   (1) prevent the operation of an existing shooting range as a nonconforming use;   (2) prohibit the establishment of new shooting ranges, but it may regulate the construction of shooting ranges to specified zones; or   (3) prevent the erection or construction of safety improvements on existing shooting ranges.   History: En. Sec. 4, Ch. 415, L. 1991; amd. Sec. 33, Ch. 582, L. 1999.
MT Code § 76-9-105 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 9. Shooting Ranges|Part 1. Protection of Shooting Range Location and Investments|76-9-105. Closure of shooting ranges -- limitations -- relocation cost

  76-9-105. Closure of shooting ranges -- limitations -- relocation cost. (1) Except as provided in subsection (2), an established shooting range may not be prevented from operation by a state agency, unit of local government, or court unless the range presents a clear and provable safety hazard to the adjacent population.   (2) If a pressing public need exists because of incompatibility with nearby population or land use, an established shooting range may be relocated by an agency of state government, unit of local government, or court, but only if all of the following conditions are met:   (a) pressing public need is documented through hearings, testimony, and a clear and precise statement of need by the agency, unit of local government, or court involved;   (b) the agency or unit of local government obtaining the closure pays the appraised cost of the land together with improvements to the operators of the shooting range. In return the shooting range operators shall relinquish their interest in the property to the agency or unit of local government obtaining the closure.   (3) If a shooting range presents a clear and provable safety hazard to adjacent population, the range may be suspended from operation if:   (a) reasonable notice and opportunity to respond are afforded the range operators; and   (b) reasonable opportunity is afforded the range operators to correct any safety defects.   History: En. Sec. 5, Ch. 415, L. 1991.
MT Code § 76-10-101 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 10. Regulation of Wildcrafting|Part 1. General Provisions|76-10-101. Purpose

  76-10-101. Purpose. (1) The purpose of this part is to:   (a) encourage the growth of a statewide sustainable wildcrafting industry that encourages stewardship of the wild plant natural resources of the state by requiring a person who is wildcrafting for commercial purposes to obtain a permit or permission in a written form before the person can wildcraft and by providing enforcement procedures;   (b) require buyers to be accountable for wildcrafted plant material that they purchase by requiring recordkeeping; and   (c) establishing enforcement procedures.   (2) The state recognizes its limited jurisdiction within the Indian reservations in Montana and acknowledges and respects the government-to-government relationship between Montana and the tribes within its borders. It is the legislature's intent that this part be implemented within current jurisdictional limitations. The tribes are invited to enter into state-tribal cooperative agreements with Montana to provide for broader implementation.   History: En. Sec. 1, Ch. 282, L. 2001.
MT Code § 76-10-102 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 10. Regulation of Wildcrafting|Part 1. General Provisions|76-10-102. Definitions

  76-10-102. Definitions. As used in this part, the following definitions apply:   (1) "Buyer" means a person who purchases or acquires wildcrafted plant material, other than materials acquired directly from the property owner, for the purposes of resale.   (2) "Commercial purposes" means the harvest of wildcrafted plant material for the purpose of selling, trading, or otherwise exchanging the material for profit.   (3) "Landowner" means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users' association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property.   (4) "Other jurisdictional entity" means the federal government or a tribal government.   (5) "Person" includes an individual, partnership, association, corporation, and any other body or group of persons, whether incorporated or not and regardless of the degree of formal organization.   (6) "Property" means land, roads, water, watercourses, and private ways. The term includes any improvements, buildings, structures, machinery, and equipment on property.   (7) "Seller" means a person who sells wildcrafted plant material.   (8) "Transport" means the physical conveyance of wildcrafted plant material away from the site of wildcrafting and includes but is not limited to transportation by:   (a) a motor vehicle designed for use on improved roadways;   (b) a boat, barge, raft, or other water vessel; or   (c) an airplane, helicopter, balloon, or other aircraft.   (9) (a) "Wildcraft" means to collect, harvest, or separate by cutting, prying, picking, peeling, breaking, pulling, digging, splitting, or otherwise removing uncultivated plants or plant parts from their physical connection or point of contact with the ground or vegetation upon which they are growing or from the place or position where they lay for commercial purposes.   (b) The term does not include the collection of:   (i) plant material used for a campfire; or   (ii) amounts intended for personal consumption.   (10) "Wildcrafted plant material" means any plant or part of any plant species that is not cultivated and that is growing wild on any lands in Montana.   (11) "Wildcrafter" means a person who wildcrafts plants.   History: En. Sec. 2, Ch. 282, L. 2001.
MT Code § 76-10-103 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 10. Regulation of Wildcrafting|Part 1. General Provisions|76-10-103. Written permission or permit to wildcraft required

  76-10-103. Written permission or permit to wildcraft required. (1) It is unlawful for any person to wildcraft or transport wildcrafted plant material without having in the person's possession a bill of sale, a signed, written permission form, or a permit from a landowner to wildcraft from the property from which the material is wildcrafted. The written permission or permit must include the following:   (a) the date the permission is given or the permit is issued;   (b) the name, address, telephone number, and signature of the person granting the permission or issuing the permit;   (c) the name, address, and telephone number of the person that is granted the permission or issued the permit;   (d) the common name or scientific name of the plant to be wildcrafted;   (e) the amount and specified part of the plant material to be wildcrafted;   (f) a description of the location on the property from which plant material may be wildcrafted;   (g) the expiration date of the permission or permit; and   (h) the license plate number of the vehicle to be used for the purposes of wildcrafting.   (2) Written permission given or a permit issued to the person supervising a crew of wildcrafters is an acceptable substitute for individual permission or permits.   History: En. Sec. 3, Ch. 282, L. 2001.
MT Code § 76-10-104 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 10. Regulation of Wildcrafting|Part 1. General Provisions|76-10-104. Exemption from written permission or permit requirement

  76-10-104. Exemption from written permission or permit requirement. The following are exemptions to the requirements of 76-10-103:   (1) A permit issued by a land management agency, another government agency, or any other jurisdictional entity in the state is acceptable in lieu of the written permission if the wildcrafting occurs on land managed by the entity issuing the permit.   (2) A landowner or other jurisdictional entity does not need written permission or a permit to wildcraft on property that the landowner or other jurisdictional entity owns.   (3) Written permission or a permit is not required for the amount of wildcrafted plant material that the landowner or other jurisdictional entity determines is for personal or incidental use.   History: En. Sec. 4, Ch. 282, L. 2001.