reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-601. Establishment of project areas -- special assessments

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.
History: En. Sec. 16, Ch. 291, L. 1969; amd. Sec. 20, Ch. 431, L. 1971; R.C.M. 1947, 76-224.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-602. Hearing on petition to establish project area

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.
History: En. Sec. 17, Ch. 291, L. 1969; amd. Sec. 21, Ch. 431, L. 1971; R.C.M. 1947, 76-225(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-603. Investigation of need for project area

76-15-603. Investigation of need for project area.
Prior to the hearing, the board or boards of supervisors shall make or cause to be made an investigation of the need for establishment of the proposed project area and shall prepare a report of their findings.
History: En. Sec. 17, Ch. 291, L. 1969; amd. Sec. 21, Ch. 431, L. 1971; R.C.M. 1947, 76-225(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-604. Protest procedure

76-15-604. Protest procedure.
At any time within 15 days after the date of the last publication of the notice of the hearing on the petition, any owner of property liable to be assessed for the project may protest against the proposed project or the creation of the project area, or both. The protest must be in writing and be delivered to the secretary of the conservation district who shall endorse on the protest the date of its receipt by the secretary.
History: En. Sec. 18, Ch. 291, L. 1969; amd. Sec. 22, Ch. 431, L. 1971; R.C.M. 1947, 76-226(part); amd. Sec. 2530, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-605. Board decision

76-15-605. Board decision.
(1) The report of 76-15-603 must be presented and read at the hearing on the petition.
(2) At the public hearing on the petition, the board of supervisors shall proceed to hear and pass upon all protests made and its decision must be final and conclusive except when owners of more than 50% of the land in the proposed project area protest the project. If owners of more than 50% of the land protest the project, no further action may be taken for a period of 6 months from the date of the hearing, after which a new petition may be filed.
(3) If the board or boards of supervisors find that it is not feasible, desirable, or practical to establish the proposed project area, they shall make an order denying the petition and shall state therein their reasons for so doing.
(4) If, however, the board finds that the project is desirable, proper, and necessary, it shall grant the petition, establish the boundaries of the proposed project area, and notify the county election administrator that an election is to be held in the proposed area for the purpose of determining whether or not the project area must be created. The election must be conducted in accordance with Title 13, chapter 1, part 5.
History: En. Secs. 17, 18, Ch. 291, L. 1969; amd. Secs. 21, 22, Ch. 431, L. 1971; R.C.M. 1947, 76-225(part), 76-226(part); amd. Sec. 395, Ch. 571, L. 1979; amd. Sec. 245, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-606. Election procedure

76-15-606. Election procedure.
(1) The question must be submitted to the electors by ballot on which the words "For creation of proposed project area" and "Against creation of proposed project area" must appear, with a square before each proposition and directions to insert an "X" mark in the square before one or the other of the propositions as the voter may favor or oppose creation of the project area.
(2) A person is not entitled to vote at the election unless the person possesses all the qualifications required of electors under Title 13 and resides within the boundaries of the proposed project area and the county in which the person proposes to vote.
History: En. Sec. 17, Ch. 291, L. 1969; amd. Sec. 21, Ch. 431, L. 1971; R.C.M. 1947, 76-225(part); amd. Sec. 2531, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-607. Notice of creation of project area

76-15-607. Notice of creation of project area.
If the majority of the votes cast at the election are in favor of creating a project area, the board or boards of supervisors shall create the project area and shall file with the county clerk and recorder in each county in which there lies a portion of the project area a notice of creation of the project area setting forth the purposes of the area and the boundaries thereof.
History: En. Sec. 17, Ch. 291, L. 1969; amd. Sec. 21, Ch. 431, L. 1971; R.C.M. 1947, 76-225(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-608. Description of work or project area

76-15-608. Description of work or project area.
In all resolutions, notices, orders, and determinations, it shall be sufficient to briefly describe the work or the project area or both.
History: En. Sec. 19, Ch. 291, L. 1969; R.C.M. 1947, 76-227.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-609. Area included in project area

76-15-609. Area included in project area.
A project area may include a part or all of any district or may include areas in more than one district.
History: En. Sec. 20, Ch. 291, L. 1969; R.C.M. 1947, 76-228(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-610. Administration of project area

76-15-610. Administration of project area.
The affairs of a project area shall be administered by the board or boards of supervisors or their authorized agents.
History: En. Sec. 20, Ch. 291, L. 1969; R.C.M. 1947, 76-228(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-611. Federal authority unaffected

76-15-611. Federal authority unaffected.
(1) The provisions of this part do not apply to the government of the United States or any department, bureau, or agency thereof, except to such extent as the government of the United States or any department, bureau, or agency thereof may desire to take advantage of its provisions. It is an express purpose and intent of this part to aid but not to interfere with the government of the United States or any department, bureau, or agency thereof in any undertaking over which such federal authority desires to exercise full supervision and control.
(2) The provisions of this part may not be construed to impair, limit, or repeal any right whatsoever which the government of the United States or any department, bureau, or agency thereof has to full and complete jurisdiction, management, or control over projects over which such federal authority desires to exercise such rights. It is a purpose of this part expressly to subordinate any power of jurisdiction and to never interfere directly with such federal authority.
History: En. Sec. 22, Ch. 291, L. 1969; R.C.M. 1947, 76-230; amd. Sec. 20, Ch. 266, L. 1979.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 6. Project Areas › 76-15-612. Duty to maintain improvements

76-15-612. Duty to maintain improvements.
Whenever any project petitioned for or created by the state or federal government has been made, built, constructed, erected, or accomplished as provided in this part, it is hereby made the duty of the board or boards of supervisors under whose jurisdiction the project area was created to adequately and suitably maintain and preserve said improvements and fully to keep the same in proper repair and operation by contract or otherwise in the way or manner as the board shall deem suitable and proper.
History: En. Sec. 25, Ch. 291, L. 1969; R.C.M. 1947, 76-233.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 7. Land Use Regulations › 76-15-726. Appeal to district court from board decision

76-15-726. Appeal to district court from board decision.
(1) A petitioner aggrieved by an order of the board of adjustment granting or denying, in whole or in part, the relief sought, the supervisors of the district, or an intervening party may obtain a review of the order in any district court of the county in which the lands of the petitioner lie by filing in the court a petition praying that the order of the board of adjustment be modified or set aside.
(2) A copy of the petition must immediately be served upon the parties to the hearing before the board of adjustment, and after service the party seeking review shall file in the court a transcript of the entire record in the proceedings, certified by the board of adjustment, including the documents and testimony upon which the order complained of was entered and the findings, determination, and order of the board of adjustment.
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. 291, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 7. Land Use Regulations › 76-15-727. Court proceedings

76-15-727. Court proceedings.
(1) Upon the filing, the court shall cause notice of the filing to be served upon the parties, and the court has jurisdiction of the proceedings and of the questions determined or to be determined in the proceedings, may grant temporary relief as it considers just and proper, and make and enter a decree enforcing, modifying and enforcing as modified, or setting aside, in whole or in part, the order of the board of adjustment.
(2) A contention that is not urged before the board of adjustment may not be considered by the court unless the failure or neglect to urge the contention is excused because of extraordinary circumstances. The findings of the board of adjustment as to the facts, if supported by evidence, are conclusive.
(3) If a party applies to the court for leave to produce additional evidence and shows to the satisfaction of the court that the evidence is material and that there are reasonable grounds for the failure to produce the evidence in the hearing before the board of adjustment, the court may order the additional evidence to be taken before the board of adjustment and to be made a part of the transcript. The board of adjustment may modify its findings as to the facts or make new findings, taking into consideration the additional evidence taken and filed, and it shall file the modified or new findings which, if supported by evidence, are conclusive and shall file with the court its recommendations, if any, for the modification or setting aside of its original order.
(4) The jurisdiction of the court is exclusive and its judgment and decree are final, except that they are subject to review in the same manner as are other judgments or decrees of the court.
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. 292, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 8. Alteration and Termination of Conservation Districts › 76-15-801. Change of district name

76-15-801. Change of district name.
Petitions for changing the name of a district organized under this chapter may be filed with the department. The petition shall be signed by a majority of the district supervisors and shall state the present name of the district and the proposed new name. If the department determines that the proposed new name is not identical with or so similar to that of any other district in the state as to lead to confusion or uncertainty, it shall present a statement of that determination to the secretary of state, who shall issue to the district a certificate, under the seal of the state, evidencing the change of name of the district. Upon the issuance of the certificate, the supervisors of the district shall cause due notice to be given of the change of the name of the district.
History: En. 76-117 by Sec. 1, Ch. 46, L. 1951; amd. Sec. 1, Ch. 41, L. 1959; amd. Sec. 13, Ch. 431, L. 1971; amd. Sec. 96, Ch. 253, L. 1974; R.C.M. 1947, 76-117(1).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 8. Alteration and Termination of Conservation Districts › 76-15-802. Procedure to add territory to a district

76-15-802. Procedure to add territory to a district.
Petitions for including additional territory within an existing district may be filed with the department, and the proceedings provided for in part 2 in the case of petitions to organize a district shall be followed in the case of petitions for the inclusion. The department shall prescribe the form for the petitions, which shall be as nearly as may be in the form prescribed in part 2 for petitions to organize a district. Where the total number of qualified electors in the area proposed for inclusion is less than 10, the petition may be filed when signed by a majority of the qualified electors of the area, and in that case no referendum need be held. In referenda upon petitions for the inclusion, all qualified electors within the proposed additional area are eligible to vote.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(10).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 8. Alteration and Termination of Conservation Districts › 76-15-804. Petition to discontinue all or part of district

76-15-804. Petition to discontinue all or part of district.
(1) At any time after 5 years after the organization of a district under this chapter, 10% or more of the qualified electors within the boundaries of the district may file a petition with the department requesting the termination of the operations of the district or a part of the district and the discontinuance of the existence of the district or that part of the district.
(2) The department may conduct public meetings and public hearings upon the petition that are necessary to assist it in the consideration of the petition.
History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(1); amd. Sec. 10, Ch. 473, L. 1983; amd. Sec. 294, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 8. Alteration and Termination of Conservation Districts › 76-15-805. Referendum on question of discontinuance

76-15-805. Referendum on question of discontinuance.
(1) Within 60 days after the petition has been received by the department, it shall give due notice of the holding of a referendum and shall supervise the referendum and issue appropriate regulations governing the conduct thereof. The question is to be submitted by ballots upon which the words "For terminating the existence of the .... (name of the conservation district or part of the district to be here inserted)" and "Against terminating the existence of the .... (name of the conservation district or part of the district to be here inserted)" shall appear with the square before each proposition and a direction to insert an "X" mark in the square before one or the other of the propositions as the voter may favor or oppose discontinuance of the district or a part of the district.
(2) All qualified electors within the boundaries of the district are eligible to vote in the referendum. No informalities in the conduct of the referendum or in any matters relative thereto shall invalidate the referendum or the result thereof if notice thereof is given substantially as herein provided and the referendum is fairly conducted.
History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(2).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 8. Alteration and Termination of Conservation Districts › 76-15-806. Decision in case of petition for discontinuance of entire district

76-15-806. Decision in case of petition for discontinuance of entire district.
(1) In the case of petitions for discontinuance of a district, the department shall publish the result of the referendum and shall consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible.
(2) If the department determines that the continued operation of the district is administratively practicable and feasible, it shall record that determination and deny the petition.
(3) If the department determines that the continued operation of the district is not administratively practicable and feasible, it shall record that determination and shall certify the determination to the supervisors of the district.
History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(3)(a); amd. Sec. 295, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 8. Alteration and Termination of Conservation Districts › 76-15-807. Decision in case of petition for discontinuance of portion of district

76-15-807. Decision in case of petition for discontinuance of portion of district.
(1) In the case of petitions for discontinuance of part of a district, the department shall publish the result of the referendum and shall consider and determine whether the continued operation of a part of the district within the defined boundaries is administratively practicable and feasible.
(2) If the department determines that the continued operation of the district is not administratively practicable and feasible with a part of the district discontinued, it shall record that determination and deny the petition.
(3) If the department determines that the continued operation of the district is administratively practicable and feasible with a part of the district discontinued, it shall record that determination and shall certify the determination to the supervisors of the district.
History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(3)(b); amd. Sec. 296, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 8. Alteration and Termination of Conservation Districts › 76-15-808. Criteria for decision on discontinuance

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.
History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(4); amd. Sec. 297, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 8. Alteration and Termination of Conservation Districts › 76-15-809. Procedure to terminate district

76-15-809. Procedure to terminate district.
(1) Upon certification of the department that the department has determined that the continued operation of the district or part of the district is not administratively practicable and feasible, pursuant to 76-15-804 through 76-15-810, the supervisors shall immediately proceed to terminate the affairs of the district or part of the district.
(2) The supervisors shall dispose of all property belonging to the district or part of the district at public auction and shall pay the proceeds of the sale into the state treasury.
(3) The supervisors shall file an application, duly verified, with the secretary of state for the discontinuance of the district or part of the district and shall transmit with the application the certificate of the department, setting forth the determination of the department that the continued operation of the district or part of the district is not administratively practicable and feasible. The application must state that the property of the district or part of the district has been disposed of and the proceeds paid to the treasury as provided in 76-15-804 through 76-15-810 and must set forth a full accounting of the properties and proceeds of the sale.
(4) The secretary of state shall issue to the supervisors a certificate of dissolution and shall record the certificate in an appropriate book of record in the secretary of state's office.
History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(5); amd. Sec. 298, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 8. Alteration and Termination of Conservation Districts › 76-15-810. Effect of termination

76-15-810. Effect of termination.
(1) Upon issuance of a certificate of dissolution under 76-15-809, all ordinances and regulations theretofore adopted and in force within the district or in that part of the district are void.
(2) All contracts previously entered into, to which the district or supervisors are parties, remain in effect for the period provided in those contracts. The department shall be substituted for the district or supervisors as party to the contracts if the total district is discontinued. In this case the department is entitled to all benefits and subject to all liabilities under the contracts and has the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate the contracts by mutual consent or otherwise as the supervisors of the district would have had.
(3) The dissolution does not affect the lien of any judgment entered under 76-15-708 through 76-15-710 or the pendency of an action instituted under those sections, and the department succeeds to all rights and obligations of the district or supervisors as to those liens and actions.
History: En. Sec. 14, Ch. 72, L. 1939; amd. Sec. 11, Ch. 431, L. 1971; amd. Sec. 94, Ch. 253, L. 1974; amd. Sec. 5, Ch. 18, L. 1977; R.C.M. 1947, 76-114(6).