reglab/housing_qa huggingface dataset:
MT Code § 76-15-621 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 6. Project Areas|76-15-621. Estimate of expenses of project area

  76-15-621. Estimate of expenses of project area. (1) When a project area has been created, the board or boards of supervisors shall estimate the expenses of the project area from the date of its establishment until the end of the ensuing fiscal year and before July 1 in each year thereafter shall estimate project area expenses for the fiscal year ensuing.   (2) Estimates of project area expenses may include revenue needed to pay the interest or principal of any bonded debt, costs of rights-of-way, easements, or other interest in property deemed necessary for the construction, operation, and maintenance of any projects therein.   History: En. Sec. 21, Ch. 291, L. 1969; R.C.M. 1947, 76-229(part).
MT Code § 76-15-622 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 6. Project Areas|76-15-622. Financing of project area expenses

  76-15-622. Financing of project area expenses. (1) The expense of the project area may, in the discretion of the board or boards of supervisors, be financed in whole from revenue received by regular assessments or by revenue received in part from regular assessments and in part from special assessments.   (2) Upon adoption of a budget covering necessary expenses, the board or boards of supervisors shall send a copy of such budget or apportionment thereof to the board of county commissioners of each county in the project area and the city auditor of each city in the project area.   History: En. Sec. 21, Ch. 291, L. 1969; R.C.M. 1947, 76-229(part).
MT Code § 76-15-623 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 6. Project Areas|76-15-623. Administration of special assessment

  76-15-623. Administration of special assessment. (1) Subject to 15-10-420, when the board or boards of supervisors have determined that a special assessment is necessary, the board of county commissioners of the county in which there lies any portion of a project area may annually at the time of levying county taxes levy a special assessment on the taxable value of all taxable property in the project area. The levy must be known as the ".... (name of district) soil and water conservation district special assessment" and must be sufficient to raise the income reported to it in the estimate of the supervisors.   (2) Each lot or parcel of land to be assessed must be assessed with that part of the amount of money required that its taxable value bears to the total taxable value of all the lands to be assessed.   History: En. Sec. 21, Ch. 291, L. 1969; R.C.M. 1947, 76-229(part); amd. Sec. 149, Ch. 584, L. 1999; amd. Sec. 199, Ch. 574, L. 2001.
MT Code § 76-15-624 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 6. Project Areas|76-15-624. Disposition of funds -- insufficient revenue

  76-15-624. Disposition of funds -- insufficient revenue. (1) Funds produced each year by this special tax levy shall be available until spent.   (2) If this special tax levy in any year does not produce sufficient revenue to pay the project area expenses, a fund sufficient to pay the same may be accumulated.   History: En. Sec. 21, Ch. 291, L. 1969; R.C.M. 1947, 76-229(part).
MT Code § 76-15-625 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 6. Project Areas|76-15-625. Limitation on special assessment

  76-15-625. Limitation on special assessment. A special assessment to defray the expenses of a project area may be spread over a term of not to exceed 40 years.   History: En. Sec. 21, Ch. 291, L. 1969; R.C.M. 1947, 76-229(part).
MT Code § 76-15-701 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-701. Adoption of land use regulations

  76-15-701. Adoption of land use regulations. (1) The supervisors of any district shall have authority to formulate regulations governing the use of lands within the district in the interest of conserving soil and water resources and preventing and controlling erosion. The supervisors may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work.   (2) The supervisors shall not have authority to enact such land use regulations into law until after they shall have caused due notice to be given of their intention to order a referendum for submission of such regulations to the qualified electors within the boundaries of the district for their indication of approval or disapproval of such proposed regulations and until after the supervisors have considered the result of such referendum.   History: En. Sec. 9, Ch. 72, L. 1939; amd. Sec. 8, Ch. 431, L. 1971; R.C.M. 1947, 76-109(A); amd. Sec. 396, Ch. 571, L. 1979.
MT Code § 76-15-702 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-702. Referendum on proposed land use regulations

  76-15-702. Referendum on proposed land use regulations. (1) The proposed regulations shall be embodied in a proposed ordinance. Copies of such proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum.   (2) The notices of the referendum shall recite the contents of such proposed ordinance or shall state where copies of such proposed ordinance may be examined. The question shall be submitted by ballots upon which the words "For approval of proposed ordinance No. ...., prescribing land use regulations for conservation of soil and prevention of erosion" and "Against approval of proposed ordinance No. ...., prescribing land use regulations for conservation of soil and prevention of erosion" shall appear, with a square before each proposition and a direction to insert an "X" mark in the square before one or the other of said propositions as the voter may favor or oppose approval of such proposed ordinance.   (3) The supervisors shall publish the result of the referendum. All registered electors within the district shall be eligible to vote in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.   History: En. Sec. 9, Ch. 72, L. 1939; amd. Sec. 8, Ch. 431, L. 1971; R.C.M. 1947, 76-109(B); amd. Sec. 397, Ch. 571, L. 1979.
MT Code § 76-15-703 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-703. Voter approval of proposed regulations required

  76-15-703. Voter approval of proposed regulations required. The supervisors shall not have authority to enact such proposed ordinance into law unless a majority of the votes cast in such referendum shall have been cast for approval of the proposed ordinance. The approval of the proposed ordinance by a majority of the votes cast in such referendum shall not be deemed to require the supervisors to enact such proposed ordinance into law.   History: En. Sec. 9, Ch. 72, L. 1939; amd. Sec. 8, Ch. 431, L. 1971; R.C.M. 1947, 76-109(part).
MT Code § 76-15-704 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-704. Regulations to have force of law

  76-15-704. Regulations to have force of law. Land use regulations prescribed in ordinances adopted pursuant to the provisions of 76-15-701 through 76-15-707 by the supervisors of any district shall have the force and effect of law in the district and shall be binding and obligatory upon all occupiers of lands within such district.   History: En. Sec. 9, Ch. 72, L. 1939; amd. Sec. 8, Ch. 431, L. 1971; R.C.M. 1947, 76-109(part).
MT Code § 76-15-705 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-705. Alteration of regulations

  76-15-705. Alteration of regulations. (1) Any qualified elector within such district may at any time file a petition with the supervisors asking that any or all of the land use regulations prescribed in any ordinance adopted by the supervisors under the provisions of 76-15-701 through 76-15-707 be amended, supplemented, or repealed.   (2) Land use regulations prescribed in any ordinance adopted pursuant to the provisions of 76-15-701 through 76-15-707 shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in 76-15-701 through 76-15-707 for adoption of land use regulations.   (3) Referenda on adoption, amendment, supplementation, or repeal of land use regulations shall not be held more often than once in 6 months.   History: En. Sec. 9, Ch. 72, L. 1939; amd. Sec. 8, Ch. 431, L. 1971; R.C.M. 1947, 76-109(part).
MT Code § 76-15-706 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-706. Contents of land use regulations

  76-15-706. Contents of land use regulations. (1) The regulations to be adopted by the supervisors under the provisions of 76-15-701 through 76-15-707 may include:   (a) provisions requiring the carrying out of necessary engineering operations, including the construction of water spreaders, terraces, terrace outlets, check dams, dikes, ponds, ditches, fences, and other necessary structures;   (b) provisions requiring observance of particular methods of cultivation or grazing, including contour cultivating, contour furrowing, and lister furrowing; sowing, planting, and strip cropping; seeding and planting of lands with water-conserving and erosion-preventing plants, trees, and grasses; and forestation and reforestation;   (c) specifications of cropping and range programs and tillage and grazing practices to be observed;   (d) provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on; and   (e) provisions for other means, measures, operations, and programs that may assist conservation of soil and water resources and prevent or control erosion in the district, having due regard to the legislative findings set forth in 76-15-101 and 76-15-102.   (2) The regulations must provide for the establishment of a board of adjustment pursuant to 76-15-721.   (3) The regulations must be uniform throughout the territory comprised within the district except that the supervisors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of threatened or existing erosion, grazing and cropping programs, tillage and range practices in use, and other relevant factors and may provide regulations varying with the type or class of land affected but uniform as to all lands within each class or type.   History: En. Sec. 9, Ch. 72, L. 1939; amd. Sec. 8, Ch. 431, L. 1971; R.C.M. 1947, 76-109(part); amd. Sec. 1, Ch. 194, L. 2015.
MT Code § 76-15-707 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-707. Publication of regulations

  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.   History: En. Sec. 9, Ch. 72, L. 1939; amd. Sec. 8, Ch. 431, L. 1971; R.C.M. 1947, 76-109(part).
MT Code § 76-15-708 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-708. Power to determine compliance with regulations

  76-15-708. Power to determine compliance with regulations. After a complaint shall have been filed with the supervisors charging a violation of the regulations, the supervisors shall have authority to go upon any lands within the district to determine whether land use regulations adopted under the provisions of 76-15-701 through 76-15-707 are being observed.   History: En. Sec. 10, Ch. 72, L. 1939; amd. Sec. 9, Ch. 431, L. 1971; R.C.M. 1947, 76-110(1).
MT Code § 76-15-709 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-709. Enforcement of regulations -- petition to district court

  76-15-709. Enforcement of regulations -- petition to district court. Where the supervisors of any district shall find that any of the provisions of land use regulations prescribed in any ordinance adopted in accordance with the provisions of 76-15-701 through 76-15-707 are not being observed on particular lands and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may present a petition, duly verified, to the district court of the county in which the lands of the defendant may lie:   (1) setting forth:   (a) the adoption of the ordinance prescribing land use regulations;   (b) the failure of the defendant to observe such regulations and to perform particular work, operations, or avoidances as required thereby; and   (c) that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district; and   (2) praying the court:   (a) to require the defendant to perform the work, operations, or avoidances within a reasonable time; and   (b) to order that, if the defendant shall fail so to perform, the supervisors may go on the land, perform the work or other operations, or otherwise bring the condition of such lands into conformity with the requirements of such regulations and recover the costs and expenses thereof, with interest, from the defendant.   History: En. Sec. 10, Ch. 72, L. 1939; amd. Sec. 9, Ch. 431, L. 1971; R.C.M. 1947, 76-110(2).
MT Code § 76-15-710 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-710. Court procedure after petition is filed

  76-15-710. Court procedure after petition is filed. (1) Upon the presentation of a petition as described in 76-15-709, the court shall cause process to be issued against the defendant and shall hear the case. If it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence that it may direct and report the evidence to the court with the referee's findings of fact and conclusions of law, which must constitute a part of the proceedings upon which the determination of the court is made.   (2) In all cases in which the person in possession of lands who fails to perform work, operations, or avoidances is not the owner, the owner of the lands must be joined as party defendant.   (3) The court may dismiss the petition, or it may require the defendant to perform the work, operations, or avoidances and may provide that, upon the failure of the defendant to initiate the performance within the time specified in the order of the court and to prosecute the performance to completion with reasonable diligence, the supervisors may enter upon the lands involved and perform the work or operations or otherwise bring the condition of the land into conformity with the requirements of the regulations and recover the costs and expenses of the work or operations, with interest at the rate of 10% a year, from the defendant.   (4) The court shall retain jurisdiction of the case until after the work has been completed. Upon completion of the work pursuant to the order of the court, the supervisors may file a petition with the court, a copy of which must be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and asking judgment for the costs and expenses with interest. The court has jurisdiction to enter judgment for the amount of the costs and expenses, with interest at the rate of 10% a year until paid, together with the costs of suit, including reasonable attorney fees to be fixed by the court.   History: En. Sec. 10, Ch. 72, L. 1939; amd. Sec. 9, Ch. 431, L. 1971; R.C.M. 1947, 76-110(3) thru (5); amd. Sec. 6, Ch. 76, L. 1985; amd. Sec. 2532, Ch. 56, L. 2009.
MT Code § 76-15-711 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-711. through 76-15-720 reserved

  76-15-711 through 76-15-720 reserved.
MT Code § 76-15-721 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-721. Board of adjustment

  76-15-721. Board of adjustment. (1) A board of adjustment consisting of three members must be appointed to decide a petition for variance pursuant to 76-15-723.   (2) (a) (i) On filing of a petition pursuant to 76-15-723, the department shall appoint members to the board of adjustment, subject to the approval of the district supervisors.   (ii) After a board is appointed pursuant to subsection (2)(a)(i), that board serves until it reaches a final decision on the petition.   (b) The members may be removed by the department, on notice and hearing, only for neglect of duty or malfeasance in office. The hearing must be conducted jointly by the department and the supervisors of the district.   (c) Employees of the department and the supervisors of the district are ineligible to appointment as members of the board of adjustment.   (3) Vacancies in the board of adjustment must be filled in the same manner as original appointments.   (4) The members of the board of adjustment receive compensation for their services at the rate of $25 a day for time spent on the work of the board in addition to expenses, including travel expenses, as provided for in 2-18-501 through 2-18-503, necessarily incurred in the discharge of their duties. The supervisors shall pay the necessary administrative and other expenses of operation incurred by the board upon the certificate of the presiding officer of the board.   History: En. Sec. 11, Ch. 72, L. 1939; amd. Sec. 10, Ch. 431, L. 1971; amd. Sec. 93, Ch. 253, L. 1974; amd. Sec. 53, Ch. 439, L. 1975; R.C.M. 1947, 76-111(1); amd. Sec. 7, Ch. 76, L. 1985; amd. Sec. 289, Ch. 418, L. 1995; amd. Sec. 2, Ch. 194, L. 2015.
MT Code § 76-15-722 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-722. Operation of board of adjustment

  76-15-722. Operation of board of adjustment. (1) The board of adjustment shall adopt rules to govern its procedures. The rules must be in accordance with this chapter and with the ordinance establishing the board of adjustment.   (2) The board shall elect a presiding officer from among its members. Meetings of the board must be held at the call of the presiding officer and at other times that the board may determine. Any two members of the board constitute a quorum. The presiding officer or in the presiding officer's absence another member of the board that the presiding officer may designate to serve as acting presiding officer may administer oaths and compel the attendance of witnesses.   (3) All meetings of the board must be open to the public. The board shall keep a full and accurate record of all proceedings, of all documents filed with it, and of all orders entered, which must be filed in the office of the board and are a public record.   History: En. Sec. 11, Ch. 72, L. 1939; amd. Sec. 10, Ch. 431, L. 1971; amd. Sec. 93, Ch. 253, L. 1974; amd. Sec. 53, Ch. 439, L. 1975; R.C.M. 1947, 76-111(2); amd. Sec. 21, Ch. 266, L. 1979; amd. Sec. 2533, Ch. 56, L. 2009; amd. Sec. 3, Ch. 194, L. 2015.
MT Code § 76-15-723 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-723. Petition for variance

  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.   History: En. Sec. 11, Ch. 72, L. 1939; amd. Sec. 10, Ch. 431, L. 1971; amd. Sec. 93, Ch. 253, L. 1974; amd. Sec. 53, Ch. 439, L. 1975; R.C.M. 1947, 76-111(part); amd. Sec. 2534, Ch. 56, L. 2009.
MT Code § 76-15-724 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-724. Hearing on petition for a variance

  76-15-724. Hearing on petition for a variance. (1) The board of adjustment shall fix a time for the hearing of the petition and cause due notice of the hearing to be given.   (2) The supervisors of the district and the department are entitled to appear and be heard at the hearing. A qualified elector within the district who objects to the authorizing of the variance prayed for may intervene and become a party to the proceedings. A party to the hearing before the board may appear in person, by agent, or by attorney.   History: En. Sec. 11, Ch. 72, L. 1939; amd. Sec. 10, Ch. 431, L. 1971; amd. Sec. 93, Ch. 253, L. 1974; amd. Sec. 53, Ch. 439, L. 1975; R.C.M. 1947, 76-111(part).
MT Code § 76-15-725 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 15. Conservation Districts|Part 7. Land Use Regulations|76-15-725. Board decision

  76-15-725. Board decision. (1) If, upon the facts presented at the hearing, the board of adjustment determines that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land use regulations upon the lands of the petitioner, it shall make and record that determination and shall make and record findings of fact as to the specific conditions which establish the great practical difficulties or unnecessary hardship.   (2) Upon the basis of the findings and determination, the board of adjustment may order a variance from the terms of the land use regulations in their application to the lands of the petitioner that:   (a) will relieve the great practical difficulties or unnecessary hardship;   (b) will not be contrary to the public interest; and   (c) will be such that the spirit of the land use regulations is observed, the public health, safety, and welfare is secured, and substantial justice is done.   History: En. Sec. 11, Ch. 72, L. 1939; amd. Sec. 10, Ch. 431, L. 1971; amd. Sec. 93, Ch. 253, L. 1974; amd. Sec. 53, Ch. 439, L. 1975; R.C.M. 1947, 76-111(part); amd. Sec. 22, Ch. 266, L. 1979; amd. Sec. 290, Ch. 418, L. 1995.