reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 2. Membership › 76-1-221. Membership of city planning board

76-1-221. Membership of city planning board.
(1) A city planning board shall consist of not less than seven members to be appointed as follows:
(a) one member to be appointed by the city council from its membership;
(b) one member to be appointed by the city council, who may in the discretion of the city council be an employee or hold public office in the city or county in which the city is located;
(c) one member to be appointed by the mayor upon the designation by the county commissioners of the county in which the city is located;
(d) four citizen members to be appointed by the mayor, two of whom shall be resident freeholders within the urban area, if any, outside of the city limits over which the planning board has jurisdiction under this chapter and two of whom shall be resident freeholders within the city limits.
(2) The clerk of the city council shall certify members appointed by its body. The certificates shall be sent to and become a part of the records of the planning board. The mayor shall make similar certification for the appointment of citizen members.
History: (1)En. Sec. 4, Ch. 246, L. 1957; amd. Sec. 1, Ch. 271, L. 1959; Sec. 11-3804, R.C.M. 1947; (2)En. Sec. 7, Ch. 246, L. 1957; Sec. 11-3807, R.C.M. 1947; R.C.M. 1947, 11-3804(part), 11-3807.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 2. Membership › 76-1-222. City council member of city planning board

76-1-222. City council member of city planning board.
(1) As soon as the city council has enacted an ordinance creating a city planning board, the city council shall select a member of its body to serve on the planning board. The term of the appointed member must be coextensive with the term of office to which the member has been elected or appointed unless the council, on its first regular meeting of each year, appoints another to serve as its representative or unless the member's term is terminated as provided in this part.
(2) The city council shall fill any vacancy occurring in its respective membership on the planning board.
History: En. Sec. 6, Ch. 246, L. 1957; R.C.M. 1947, 11-3806; amd. Sec. 2511, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 2. Membership › 76-1-223. County representative for city planning board

76-1-223. County representative for city planning board.
When a city council has enacted an ordinance creating a city planning board or when a vacancy occurs in the county's membership on the city planning board, the board of county commissioners of the county in which the city is located shall within 45 days designate a representative of the county to the mayor of the city for appointment to the city planning board. This representative may be a member of the board of county commissioners or an officeholder or employee of the county. The mayor may not reject or refuse to appoint to the city planning board a representative designated by a board of county commissioners as provided in this section, but if the county fails to designate a representative, then the mayor may appoint as a representative of the county a person of the mayor's own choosing and at the mayor's sole discretion.
History: En. Sec. 14, Ch. 246, L. 1957; R.C.M. 1947, 11-3814; amd. Sec. 2, Ch. 266, L. 1979; amd. Sec. 1, Ch. 269, L. 2003.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 2. Membership › 76-1-224. Citizen members of city planning board

76-1-224. Citizen members of city planning board.
(1) The citizen members shall:
(a) be qualified by knowledge and experience in matters pertaining to the development of the city; and
(b) hold no other office in the city government.
(2) Any citizen appointee may be removed from office by a majority vote of the governing body of the city.
History: En. Secs. 8, 13, Ch. 246, L. 1957; amd. Secs. 3, 5, Ch. 247, L. 1963; R.C.M. 1947, 11-3808, 11-3813; amd. Sec. 3, Ch. 266, L. 1979.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 3. Organization and Administration › 76-1-301. Planning board meetings

76-1-301. Planning board meetings.
(1) The board shall fix the time for holding regular meetings, but it shall meet at least once in the months of January, April, July, and October.
(2) Special meetings of the planning board may be called by the president or by two members upon written request to the secretary. The secretary shall send to all members, at least 2 days in advance of a special meeting, a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if the time of the special meeting has been fixed in a regular meeting or if all members are present at the special meeting.
History: En. Secs. 16, 17, Ch. 246, L. 1957; R.C.M. 1947, 11-3816, 11-3817.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 3. Organization and Administration › 76-1-302. Planning board officers

76-1-302. Planning board officers.
At its first regular meeting in each year, the board shall elect from its members a president and vice-president. The vice-president shall have authority to act as president of the board during the absence or disability of the president.
History: En. Sec. 21, Ch. 246, L. 1957; R.C.M. 1947, 11-3821.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 3. Organization and Administration › 76-1-303. Offices

76-1-303. Offices.
The city or county shall provide suitable offices for the holding of meetings and the preservation of plans, maps, documents, and accounts.
History: En. Sec. 23, Ch. 246, L. 1957; R.C.M. 1947, 11-3823.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 3. Organization and Administration › 76-1-304. Quorum -- official action

76-1-304. Quorum -- official action.
(1) A majority of members constitutes a quorum.
(2) An action of the planning board is not official unless a quorum is present and unless the action is authorized by a majority of the quorum at a regular or properly called special meeting.
History: En. Sec. 18, Ch. 246, L. 1957; amd. Sec. 6, Ch. 247, L. 1963; R.C.M. 1947, 11-3818; amd. Sec. 1, Ch. 172, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 3. Organization and Administration › 76-1-305. Administration of board

76-1-305. Administration of board.
To effectuate the purpose of this chapter, the board shall have the power and duty to:
(1) exercise general supervision of and make regulations for the administration of the affairs of the board;
(2) prescribe uniform rules pertaining to investigations and hearings;
(3) keep an accurate and complete record of all departmental proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents of the board;
(4) make recommendations and an annual report to any governing bodies represented on the board concerning the operation of the board and the status of planning within its jurisdiction;
(5) prepare, publish, and distribute reports, proposed ordinances and proposed resolutions, and other material relating to the activities authorized under this chapter.
History: En. Sec. 24, Ch. 246, L. 1957; amd. Sec. 8, Ch. 247, L. 1963; R.C.M. 1947, 11-3824(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 3. Organization and Administration › 76-1-306. Staff -- service contracts

76-1-306. Staff -- service contracts.
The governing body shall assign staff employed by the governing body to assist the planning board in conducting its duties. The planning board may delegate to assigned staff the authority to perform ministerial acts in all cases except when final action of the planning board is necessary. The governing body may make contracts for special or temporary services and any professional services.
History: (1), (3)En. Sec. 22, Ch. 246, L. 1957; Sec. 11-3822, R.C.M. 1947; (2)En. Sec. 24, Ch. 246, L. 1957; amd. Sec. 8, Ch. 247, L. 1963; Sec. 11-3824, R.C.M. 1947; R.C.M. 1947, 11-3822, 11-3824(part); amd. Sec. 3, Ch. 599, L. 2003.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 3. Organization and Administration › 76-1-307. Compensation and expenses of board members and employees

76-1-307. Compensation and expenses of board members and employees.
(1) The members of planning boards shall receive no salary for serving on the planning board but may be reimbursed from local funds for transportation and actual expenses up to but not exceeding state transportation reimbursements and allowable expenses incurred in attending planning board meetings.
(2) When the planning board determines that it is necessary for members or employees to attend a regional or national conference or interview in another city, county, or state dealing with planning or related problems, the planning board may pay the actual expenses of the attending members or employees provided the amount has been made available in the board's appropriation.
History: (1)En. Sec. 19, Ch. 246, L. 1957; amd. Sec. 1, Ch. 291, L. 1974; Sec. 11-3819, R.C.M. 1947; (2)En. Sec. 20, Ch. 246, L. 1957; amd. Sec. 7, Ch. 247, L. 1963; Sec. 11-3820, R.C.M. 1947; R.C.M. 1947, 11-3819, 11-3820.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 4. Financial Administration › 76-1-401. Fiscal administration

76-1-401. Fiscal administration.
(1) To effectuate the purpose of this chapter, the board shall have the power and duty to:
(a) supervise the fiscal affairs and responsibilities of the board;
(b) prepare and submit to the governing bodies represented on the board an annual budget in the same manner as other departments of the city and county governments and shall be limited in all expenditures to the provisions made therefor by the governing bodies represented upon the board.
(2) The planning board shall have authority to expend, under regular city or county procedure as provided by law, all sums appropriated to it for purposes and activities authorized by this chapter.
History: (1)En. Sec. 24, Ch. 246, L. 1957; amd. Sec. 8, Ch. 247, L. 1963; Sec. 11-3824, R.C.M. 1947; (2)En. Sec. 26, Ch. 246, L. 1957; Sec. 11-3826, R.C.M. 1947; R.C.M. 1947, 11-3824(part), 11-3826.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 4. Financial Administration › 76-1-402. Funding of board operation

76-1-402. Funding of board operation.
(1) After a city council has by ordinance, a board of county commissioners has by ordinance and resolution, or a city council and board of county commissioners have by ordinance and resolution created a planning board, the governing bodies represented upon such board may appropriate funds to carry out the duties of the planning board.
(2) When a planning board has been created by agreement of more than one governmental unit, the governing bodies of the governmental units which have created the board shall agree upon the proportion of expenditures to be borne by each such unit and may budget and appropriate the funds necessary for the respective shares thus agreed upon.
History: En. Sec. 25, Ch. 246, L. 1957; amd. Sec. 9, Ch. 247, L. 1963; amd. Sec. 7, Ch. 273, L. 1971; R.C.M. 1947, 11-3825(1), (2).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 4. Financial Administration › 76-1-403. Tax levy by county for certain county planning districts authorized

76-1-403. Tax levy by county for certain county planning districts authorized.
When a county planning board has been established, the board of county commissioners may create a planning district that must include the property that lies outside the limits of the jurisdictional area, as established pursuant to 76-1-504 through 76-1-507 or as modified pursuant to 76-1-501 through 76-1-503 in counties where a city-county planning board has been established, as well as that property that lies outside the limits of any incorporated cities and towns. Subject to 15-10-420, the board of county commissioners may levy a tax on the taxable value of all taxable property located within the planning district for planning board purposes, under procedures set forth in Title 7, chapter 6, part 40.
History: En. Sec. 25, Ch. 246, L. 1957; amd. Sec. 9, Ch. 247, L. 1963; amd. Sec. 7, Ch. 273, L. 1971; R.C.M. 1947, 11-3825(5); amd. Sec. 4, Ch. 266, L. 1979; amd. Sec. 138, Ch. 584, L. 1999; amd. Sec. 190, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 4. Financial Administration › 76-1-404. Tax levy by county for city-county planning board authorized

76-1-404. Tax levy by county for city-county planning board authorized.
When a city-county planning board has been established, the board of county commissioners may create a planning district that must include the property within the jurisdictional areas as established pursuant to 76-1-504 through 76-1-507 that lies outside the limits of any incorporated cities and towns. Subject to 15-10-420, the board of county commissioners may levy on the taxable value of all taxable property located within the planning district a tax for planning board purposes, under procedures set forth in Title 7, chapter 6, part 40.
History: En. Sec. 25, Ch. 246, L. 1957; amd. Sec. 9, Ch. 247, L. 1963; amd. Sec. 7, Ch. 273, L. 1971; R.C.M. 1947, 11-3825(4); amd. Sec. 139, Ch. 584, L. 1999; amd. Sec. 191, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 4. Financial Administration › 76-1-405. Repealed

76-1-405. Repealed.
Sec. 253, Ch. 574, L. 2001.
History: En. Sec. 25, Ch. 246, L. 1957; amd. Sec. 9, Ch. 247, L. 1963; amd. Sec. 7, Ch. 273, L. 1971; R.C.M. 1947, 11-3825(part); amd. Sec. 140, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 4. Financial Administration › 76-1-406. Tax levy by municipalities authorized

76-1-406. Tax levy by municipalities authorized.
Subject to 15-10-420, the governing body of any city or town represented on a planning board may levy a tax upon the taxable value of all taxable property located within the city or town for planning board purposes, under procedures set forth in Title 7, chapter 6, part 40.
History: En. Sec. 25, Ch. 246, L. 1957; amd. Sec. 9, Ch. 247, L. 1963; amd. Sec. 7, Ch. 273, L. 1971; R.C.M. 1947, 11-3825(3); amd. Sec. 5, Ch. 266, L. 1979; amd. Sec. 141, Ch. 584, L. 1999; amd. Sec. 192, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 4. Financial Administration › 76-1-407. Repealed

76-1-407. Repealed.
Sec. 253, Ch. 574, L. 2001.
History: En. Sec. 25, Ch. 246, L. 1957; amd. Sec. 9, Ch. 247, L. 1963; amd. Sec. 7, Ch. 273, L. 1971; R.C.M. 1947, 11-3825(part); amd. Sec. 142, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 4. Financial Administration › 76-1-408. Acceptance and administration of gifts and donations

76-1-408. Acceptance and administration of gifts and donations.
(1) A city, county, or city-county planning board organized pursuant to the provisions of this chapter is hereby empowered and given the right to:
(a) accept, receive, take, hold, own, and possess any gift, donation, grant, devise, or bequest or any property (real, personal, or mixed) or any improved or unimproved park or playground; and
(b) utilize, hold, or dispose of the same for planning purposes not inconsistent with the provisions of this chapter.
(2) Any money so accepted shall be deposited with the city or county in a special nonreverting planning board fund to be available for expenditures by the planning board for the purpose designated by the donor. The disbursing officer of a city or county shall draw warrants against such special nonreverting fund only upon vouchers signed by the president and secretary of the planning board.
History: En. Sec. 27, Ch. 246, L. 1957; amd. Sec. 1, Ch. 133, L. 1965; R.C.M. 1947, 11-3827(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 4. Financial Administration › 76-1-409. Acceptance and administration of government funds and services

76-1-409. Acceptance and administration of government funds and services.
Upon approval of the governing bodies represented on the board, a planning board may accept, receive, and expend funds, grants, and services from the federal government or its agencies and instrumentalities, from state or local governments or their agencies and instrumentalities, or from civic sources; may contract with respect thereto; and may provide such information and reports as may be necessary to secure such financial aid.
History: En. Sec. 27, Ch. 246, L. 1957; amd. Sec. 1, Ch. 133, L. 1965; R.C.M. 1947, 11-3827(part); amd. Sec. 6, Ch. 266, L. 1979.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 4. Financial Administration › 76-1-410. Planning fees -- limit

76-1-410. Planning fees -- limit.
(1) Governing bodies that have committed in a resolution to adopting or that have adopted a growth policy that includes the provisions of 76-1-601(4)(c) may assess planning fees to pay for services that fulfill the purposes of Title 76, chapter 1. The planning fees are in addition to any other fees authorized by law and may be collected as part of either subdivision applications or zoning permits.
(2) Planning fees may not exceed $50 for each residential lot or unit or $250 for each commercial, industrial, or other type of lot or unit.
History: En. Sec. 3, Ch. 455, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 5. Jurisdictional Area › 76-1-501. Jurisdictional area of county planning board

76-1-501. Jurisdictional area of county planning board.
The board of county commissioners shall by resolution establish the jurisdictional area of the county planning board. The jurisdictional area shall include the area which is both outside the incorporated limits of any city in the county as well as outside the jurisdictional area of an existing city-county planning board established pursuant to 76-1-504 through 76-1-507. Should any city or town become represented on the county planning board pursuant to 76-1-111, the jurisdictional area of the county planning board shall be extended to include that city or town.
History: En. 11-3830.2 by Sec. 8, Ch. 273, L. 1971; R.C.M. 1947, 11-3830.2(1).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 5. Jurisdictional Area › 76-1-502. Filing of map of jurisdictional area of county planning board -- revision of boundaries

76-1-502. Filing of map of jurisdictional area of county planning board -- revision of boundaries.
The planning board, after the approval of the jurisdictional area by the board of county commissioners, shall file in the office of the clerk and recorder a map showing the boundaries of the jurisdictional area. The boundaries may be revised from time to time by resolution of the board of county commissioners. Such revised boundaries shall be shown upon a map which shall be filed as provided in this section. The area included in such map shall constitute the area over which the planning board shall have advisory jurisdiction.
History: En. 11-3830.2 by Sec. 8, Ch. 273, L. 1971; R.C.M. 1947, 11-3830.2(2).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 5. Jurisdictional Area › 76-1-503. Resolution of conflicts involving jurisdictional area of county planning boards

76-1-503. Resolution of conflicts involving jurisdictional area of county planning boards.
(1) In case an unincorporated area is within the potential jurisdiction of more than one planning board, then the boundary between the conflicting areas shall be determined by agreement between the planning boards involved with the approval of their respective governing bodies. Any map showing the boundary line so agreed upon and approved shall be filed as provided in 76-1-502 and thereafter shall fix the limit of territorial jurisdiction with respect to planning boards.
(2) In case the jurisdictional area of a city-county planning board, which is established subsequent to the establishment of a county planning board, is potentially within the jurisdiction of the county planning board, then the property outside any incorporated city between the conflicting areas shall be determined by agreement between the planning boards involved with the approval of the respective governing bodies, and a map showing the boundary lines so agreed upon shall be filed as provided in 76-1-502 and thereafter shall fix the limits of the territorial jurisdiction of the respective planning boards.
History: En. 11-3830.2 by Sec. 8, Ch. 273, L. 1971; R.C.M. 1947, 11-3830.2(3), (4).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 5. Jurisdictional Area › 76-1-504. Jurisdictional area of city-county planning board

76-1-504. Jurisdictional area of city-county planning board.
The governing bodies represented on a city-county planning board shall by separate resolution establish the jurisdictional area of the planning board. The jurisdictional area shall include the area within the incorporated limits of the city and such contiguous unincorporated area outside the city as, in the judgment of the respective governing bodies, bears reasonable relation to the development of the area involved.
History: En. Sec. 30, Ch. 246, L. 1957; amd. Sec. 3, Ch. 271, L. 1959; amd. Sec. 11, Ch. 247, L. 1963; amd. Sec. 1, Ch. 136, L. 1969; R.C.M. 1947, 11-3830(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 5. Jurisdictional Area › 76-1-505. Extension of boundaries of city-county planning board jurisdictional area

76-1-505. Extension of boundaries of city-county planning board jurisdictional area.
(1) The boundaries of the jurisdictional area can be extended further than 4 1/2 miles from the limits of the cities only upon petition signed by 5% or more of the resident freeholders living in excess of 4 1/2 miles and not more than 12 miles from the limits of the cities and within the area desiring to be included within said jurisdictional limits and upon presentation of said petition to the board of county commissioners.
(2) Thereafter, the board of county commissioners must by resolution set the proposed boundaries of said area and give notice of their intent to add said area to the jurisdictional limits theretofore created and of receipt of said petition by publication of notice of time and place of hearing on said petition and resolution. Said notice is to be published in a newspaper published in the county not less than 10 or more than 20 days prior to the date of said hearing. Thereafter, the boundaries of said area can only be set upon good cause being shown for the establishment of said extended jurisdictional area and the boundaries thereof, provided that such resolution shall not be adopted by the board of county commissioners if disapproved in writing by a majority of the freeholders of the territory proposed to be embraced. The jurisdictional area shall not extend more than 12 miles beyond the limits of any city within the jurisdictional area.
History: En. Sec. 30, Ch. 246, L. 1957; amd. Sec. 3, Ch. 271, L. 1959; amd. Sec. 11, Ch. 247, L. 1963; amd. Sec. 1, Ch. 136, L. 1969; R.C.M. 1947, 11-3830(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 5. Jurisdictional Area › 76-1-506. Filing of map of jurisdictional area of city-county planning board -- revision of boundaries

76-1-506. Filing of map of jurisdictional area of city-county planning board -- revision of boundaries.
The planning board, after approval of the jurisdictional area by the governing bodies, shall file in the office of the clerk and recorder a map showing the boundaries of the jurisdictional area. The boundaries may be revised from time to time by resolutions of the governing bodies. Such revised boundaries shall be shown upon a map which shall be filed as provided in this section. The area included in such map shall constitute the area over which the planning board shall have advisory jurisdiction.
History: En. Sec. 30, Ch. 246, L. 1957; amd. Sec. 3, Ch. 271, L. 1959; amd. Sec. 11, Ch. 247, L. 1963; amd. Sec. 1, Ch. 136, L. 1969; R.C.M. 1947, 11-3830(2).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 5. Jurisdictional Area › 76-1-507. Resolution of conflicts over jurisdictional areas of several city-county planning boards

76-1-507. Resolution of conflicts over jurisdictional areas of several city-county planning boards.
In case an unincorporated area is within the potential jurisdiction of more than one planning board, then the boundary between the conflicting areas shall be determined by agreement between the planning boards involved with the approval of their respective governing bodies. A map showing the boundary lines so agreed upon and approved shall be filed as provided in 76-1-506 and thereafter shall fix the limit of territorial jurisdiction of the respective planning boards.
History: En. Sec. 30, Ch. 246, L. 1957; amd. Sec. 3, Ch. 271, L. 1959; amd. Sec. 11, Ch. 247, L. 1963; amd. Sec. 1, Ch. 136, L. 1969; R.C.M. 1947, 11-3830(3).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 5. Jurisdictional Area › 76-1-508. Planning projects outside city-county planning board jurisdictional area -- broad construction

76-1-508. Planning projects outside city-county planning board jurisdictional area -- broad construction.
(1) Any city-county planning board organized pursuant to the provisions of this chapter is hereby empowered, if requested by the board of county commissioners, to conduct specific planning projects within the county and outside of the jurisdictional area of said city-county planning board as defined in 76-1-504 through 76-1-507.
(2) Such authority to conduct specific planning projects outside of the jurisdictional area of the city-county planning board upon request of the board of county commissioners shall be broadly construed so as to enable the county to qualify under the provisions of and regulations governing any planning assistance program administered by any agency of the United States of America or the state of Montana.
History: En. Sec. 1, Ch. 190, L. 1965; R.C.M. 1947, 11-3830.1.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 6. Growth Policy › 76-1-602. Public hearing on proposed growth policy

76-1-602. Public hearing on proposed growth policy.
(1) Prior to the submission of the proposed growth policy to the governing bodies, the board shall give notice and hold a public hearing on the growth policy.
(2) At least 10 days prior to the date set for hearing, the board shall publish in a newspaper of general circulation in the jurisdictional area a notice of the time and place of the hearing.
History: En. Sec. 33, Ch. 246, L. 1957; amd. Sec. 13, Ch. 247, L. 1963; R.C.M. 1947, 11-3833; amd. Sec. 9, Ch. 582, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 6. Growth Policy › 76-1-603. Adoption of growth policy by planning board

76-1-603. Adoption of growth policy by planning board.
After consideration of the recommendations and suggestions elicited at the public hearing, the planning board shall by resolution:
(1) recommend the proposed growth policy and any proposed ordinances and resolutions for its implementation to the governing bodies of the governmental units represented on the planning board;
(2) recommend that a growth policy not be adopted; or
(3) recommend that the governing body take some other action related to preparation of a growth policy.
History: En. Sec. 34, Ch. 246, L. 1957; amd. Sec. 14, Ch. 247, L. 1963; R.C.M. 1947, 11-3834; amd. Sec. 10, Ch. 582, L. 1999; amd. Sec. 5, Ch. 599, L. 2003.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 6. Growth Policy › 76-1-604. Adoption, revision, or rejection of growth policy

76-1-604. Adoption, revision, or rejection of growth policy.
(1) The governing body shall adopt a resolution of intention to adopt, adopt with revisions, or reject the proposed growth policy.
(2) If the governing body adopts a resolution of intention to adopt a growth policy, the governing body may submit to the qualified electors of the area covered by the growth policy proposed by the governing body at the next primary or general election or at a special election the referendum question of whether or not the growth policy should be adopted. A special election must be held in conjunction with a regular or primary election.
(3) A governing body may:
(a) revise an adopted growth policy following the procedures in this chapter for adoption of a proposed growth policy; or
(b) repeal a growth policy by resolution.
(4) The qualified electors of the area covered by the growth policy may by initiative or referendum adopt, revise, or repeal a growth policy under this section. A petition for initiative or referendum must contain the signatures of 15% of the qualified electors of the area covered by the growth policy.
(5) A master plan adopted pursuant to this chapter before October 1, 1999, may be repealed following the procedures in this section for repeal of a growth policy.
(6) Until October 1, 2006, a master plan that was adopted pursuant to this chapter before October 1, 1999, may be revised following the procedures in this chapter for revision of a growth policy.
(7) Except as otherwise provided in this section, the provisions of Title 7, chapter 5, part 1, apply to an initiative or referendum under this section.
History: En. Sec. 40, Ch. 246, L. 1957; amd. Sec. 15, Ch. 247, L. 1963; R.C.M. 1947, 11-3840(part); amd. Sec. 1, Ch. 541, L. 1981; amd. Sec. 68, Ch. 387, L. 1995; amd. Sec. 11, Ch. 582, L. 1999; amd. Sec. 1, Ch. 87, L. 2003; amd. Sec. 6, Ch. 599, L. 2003.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 6. Growth Policy › 76-1-605. Use of adopted growth policy

76-1-605. Use of adopted growth policy.
(1) Subject to subsection (2), after adoption of a growth policy, the governing body within the area covered by the growth policy pursuant to 76-1-601 must be guided by and give consideration to the general policy and pattern of development set out in the growth policy in the:
(a) authorization, construction, alteration, or abandonment of public ways, public places, public structures, or public utilities;
(b) authorization, acceptance, or construction of water mains, sewers, connections, facilities, or utilities; and
(c) adoption of zoning ordinances or resolutions.
(2) (a) A growth policy is not a regulatory document and does not confer any authority to regulate that is not otherwise specifically authorized by law or regulations adopted pursuant to the law.
(b) A governing body may not withhold, deny, or impose conditions on any land use approval or other authority to act based solely on compliance with a growth policy adopted pursuant to this chapter.
History: En. Sec. 40, Ch. 246, L. 1957; amd. Sec. 15, Ch. 247, L. 1963; R.C.M. 1947, 11-3840(part); amd. Sec. 12, Ch. 582, L. 1999; amd. Sec. 1, Ch. 527, L. 2001; amd. Sec. 7, Ch. 599, L. 2003.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 6. Growth Policy › 76-1-606. Effect of growth policy on subdivision regulations

76-1-606. Effect of growth policy on subdivision regulations.
When a growth policy has been approved, the subdivision regulations adopted pursuant to chapter 3 of this title must be made in accordance with the growth policy.
History: En. Sec. 42, Ch. 246, L. 1957; amd. Sec. 4, Ch. 271, L. 1959; amd. Sec. 16, Ch. 247, L. 1963; amd. Sec. 9, Ch. 273, L. 1971; R.C.M. 1947, 11-3842; amd. Sec. 13, Ch. 582, L. 1999; amd. Sec. 2, Ch. 527, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 6. Growth Policy › 76-1-607. Growth policy -- use and amendment for coordination and cooperation with federal agencies

76-1-607. Growth policy -- use and amendment for coordination and cooperation with federal agencies.
(1) A local governing body may use a growth policy as a resource management plan for the purposes of establishing coordination or cooperating agency status with a federal land management agency.
(2) The governing body may amend the growth policy to include any elements required by a federal land management agency to establish coordination or cooperating agency status.
History: En. Sec. 1, Ch. 65, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-101. Planning and zoning commission and district

76-2-101. Planning and zoning commission and district.
(1) Subject to the provisions of subsection (5), whenever the public interest or convenience may require and on petition of 60% of the affected real property owners in the proposed district, the board of county commissioners may create a planning and zoning district and may appoint a planning and zoning commission consisting of up to seven members.
(2) A planning and zoning district may not be created in an area that has been zoned by an incorporated city pursuant to 76-2-310 and 76-2-311.
(3) For the purposes of this part, the word "district" means any area that consists of not less than 40 acres.
(4) An action challenging the process to create a planning and zoning district must begin within 6 months after the date of the order by the board of county commissioners creating the district.
(5) (a) Before the board of county commissioners determines whether the number of affected real property owners necessary to meet the petition requirement of subsection (1) has been met, draft documents of the proposed materials that may potentially govern the proposed district must be made available to the board of county commissioners. Draft documents of the proposed materials required in this subsection (5) may include but are not limited to drafts of:
(i) a development pattern as provided in 76-2-104;
(ii) a resolution as provided in 76-2-107; and
(iii) the land use and zoning regulations as provided in 76-2-107.
(b) The final adopted development pattern, resolutions, and other materials that govern the zoning district as required in 76-2-104 and 76-2-107 must be similar to the draft documents provided to the county commissioners as required in subsection (5)(a).
History: (1), (2)En. Sec. 1, Ch. 154, L. 1953; amd. Sec. 16, Ch. 273, L. 1971; Sec. 16-4101, R.C.M. 1947; (3)En. Sec. 7, Ch. 154, L. 1953; amd. Sec. 1, Ch. 229, L. 1955; Sec. 16-4107, R.C.M. 1947; R.C.M. 1947, 16-4101(part), 16-4107; (4)En. Sec. 1, Ch. 441, L. 1989; amd. Sec. 1, Ch. 591, L. 1995; amd. Sec. 1, Ch. 288, L. 2001; amd. Sec. 3, Ch. 446, L. 2009; amd. Sec. 1, Ch. 533, L. 2021; amd. Sec. 1, Ch. 401, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-102. Organization and operation of commission

76-2-102. Organization and operation of commission.
(1) The planning and zoning commission consists of three county commissioners, either the county surveyor or the county clerk and recorder, two citizen members, each of whom resides in a different planning and zoning district or, if only one district exists in a county or is proposed, both from that district, and a county official appointed by the county commissioners. The citizen members must be appointed by the board of county commissioners to 2-year staggered terms, with one member initially appointed to a 2-year term and the remaining member initially appointed to a 1-year term. Members of the commission shall serve without compensation other than reimbursement for authorized expenses and must be residents of the county in which they serve.
(2) The commission may appoint necessary employees and fix their compensation with the approval of the board of county commissioners, select a presiding officer to serve for 1 year, appoint a secretary to keep permanent and complete records of its proceedings, and adopt rules governing the transaction of its business.
(3) Subject to 15-10-420, the finances necessary for the transaction of the planning and zoning commission's business and to pay the expenses of the employees and justified expenses of the commission's members must be paid from a levy on the taxable value of all taxable property within the district.
History: En. Sec. 1, Ch. 154, L. 1953; amd. Sec. 16, Ch. 273, L. 1971; R.C.M. 1947, 16-4101(part); amd. Sec. 137, Ch. 27, Sp. L. November 1993; amd. Sec. 143, Ch. 584, L. 1999; amd. Sec. 2, Ch. 288, L. 2001; amd. Sec. 193, Ch. 574, L. 2001; amd. Sec. 4, Ch. 446, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-103. Powers of commission and employees

76-2-103. Powers of commission and employees.
(1) In general, the planning and zoning commission shall have such powers as may be appropriate to enable it to fulfill its functions and duties to promote county planning and to carry out the purposes of this part.
(2) The planning and zoning commission and any of its members, officers, and employees in the performance of their functions may enter upon any land and make examinations and surveys and place and maintain the necessary monuments and markers thereon.
History: En. Sec. 4, Ch. 154, L. 1953; R.C.M. 1947, 16-4104(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-104. Development pattern

76-2-104. Development pattern.
(1) For the purpose of furthering the health, safety, and general welfare of the people of the county, the county planning and zoning commission hereby is empowered and it shall be its duty to make and adopt a development pattern for the physical and economic development of the planning and zoning district.
(2) Such development pattern, with the accompanying maps, plats, charts, and descriptive matter, shall show the planning and zoning commission's recommendations for the development of the districts, within some of which it shall be lawful and within others of which it shall be unlawful to erect, construct, alter, or maintain certain buildings or to carry on certain trades, industries, or callings or within which the height and bulk of future buildings and the area of the yards, courts, and other open spaces and the future uses of the land or buildings shall be limited and future building setback lines shall be established.
History: En. Sec. 2, Ch. 154, L. 1953; R.C.M. 1947, 16-4102(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-105. Continuation of prior nonconforming uses

76-2-105. Continuation of prior nonconforming uses.
Existing nonconforming uses may be continued although not in conformity with such zoning regulations.
History: En. Sec. 2, Ch. 154, L. 1953; R.C.M. 1947, 16-4102(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-106. Adoption of development district

76-2-106. Adoption of development district.
(1) Adoption by the planning and zoning commission of the development district or any change therein may be in whole or in part but must be by the affirmative vote of the majority of the whole commission, provided, however, that prior to any such adoption, a public hearing shall have been held not less than 15 days after notice thereof shall have been posted in at least three public places within the area affected.
(2) The resolution adopting the district or any part or parts covering one or more of the functional elements which may be included within the district shall refer expressly to the maps, charts, and descriptive matters forming the pattern or part thereof. The board of county commissioners shall have the power to authorize such variance from the recommendations of the planning commission as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the decision of the planning and zoning commission will result in unnecessary hardship.
History: En. Sec. 3, Ch. 154, L. 1953; R.C.M. 1947, 16-4103.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-107. Preparation of resolutions and other materials

76-2-107. Preparation of resolutions and other materials.
(1) The planning and zoning commission may, for the benefit and welfare of the county, prepare and submit to the board of county commissioners drafts of resolutions for the purpose of carrying out the development districts or any part of the development districts previously adopted by the commission, including zoning and land use regulations, the making of official maps, and the preservation of the integrity of the development districts and the official maps and including procedure for appeals from decisions made under the authority of the regulations and regulations for the conservation of the natural resources of the county. The board of county commissioners is authorized to adopt these resolutions.
(2) Notwithstanding the provisions of 76-2-104 and subsection (1) of this section, if the planning and zoning commission is unable to make and adopt a development pattern or to adopt a development district, the board of county commissioners may adopt a resolution to void a planning and zoning district created pursuant to 76-2-101.
History: En. Sec. 5, Ch. 154, L. 1953; R.C.M. 1947, 16-4105(part); amd. Sec. 5, Ch. 446, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-108. Permits authorized

76-2-108. Permits authorized.
The planning and zoning commission hereby is empowered to authorize and provide for the issuance of permits as a prerequisite to construction, alteration, or enlargement of any building or structure otherwise subject to the provisions of this part and may establish and collect reasonable fees therefor. The fees so collected are to go to the general fund of the county.
History: En. Sec. 5, Ch. 154, L. 1953; R.C.M. 1947, 16-4105(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-109. Effect on natural resources

76-2-109. Effect on natural resources.
(1) Regulations adopted under this part may not regulate lands used for grazing, horticulture, agriculture, the growing of timber, or the complete use, development, or recovery of any mineral.
(2) (a) A provision of this part may not be construed to alter Montana law regarding the primacy of the mineral estate, to limit access to the mineral estate, or to limit development of the mineral estate.
(b) A regulation, resolution, or rule adopted pursuant to the provisions of this part may not prevent the complete use, development, or recovery of any mineral that is under the jurisdiction of the board of oil and gas conservation pursuant to Title 82, chapter 11, part 1.
History: En. Sec. 2, Ch. 154, L. 1953; R.C.M. 1947, 16-4102(part); amd. Sec. 1, Ch. 526, L. 2021; amd. Sec. 2, Ch. 533, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-110. Appeal procedure

76-2-110. Appeal procedure.
Any person aggrieved by any decision of the commission or the board of county commissioners may, within 30 days after such decision or order, appeal to the district court in the county in which the property involved is located.
History: En. Sec. 5, Ch. 154, L. 1953; R.C.M. 1947, 16-4105(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-111. Cooperation by public agencies with commission

76-2-111. Cooperation by public agencies with commission.
All public officials, departments, and agencies having information, maps, and data deemed by the commission pertinent to county planning are hereby empowered and directed to make such information available for the use of the county planning and zoning commission.
History: En. Sec. 4, Ch. 154, L. 1953; R.C.M. 1947, 16-4104(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-112. Effect on powers of incorporated communities to plan adjacent areas

76-2-112. Effect on powers of incorporated communities to plan adjacent areas.
The authority heretofore granted by law to the incorporated communities to approve subdivision plats within the unincorporated area adjacent to their corporate limits is not abrogated by this part except and until the board of county commissioners having jurisdiction over such adjacent area establishes a planning commission and adopts initial regulations for subdivision control within adjacent areas or districts. Authority of the adjacent municipality shall be suspended on the effective date of the county regulation with respect to all areas governed by county subdivision regulations.
History: En. Sec. 6, Ch. 154, L. 1953; R.C.M. 1947, 16-4106.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-113. Enforcement of zoning provisions

76-2-113. Enforcement of zoning provisions.
If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if any building, structure, or land is used in violation of this part or of any resolution adopted under this part, the county, in addition to other remedies, may take any appropriate action or begin proceedings to:
(1) prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;
(2) restrain, correct, or abate a violation;
(3) prevent the occupancy of a building, structure, or land; or
(4) prevent any illegal act, conduct, business, or use in or near the premises.
History: En. Sec. 3, Ch. 288, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-114. Housing fees and dedication of real property prohibited

76-2-114. Housing fees and dedication of real property prohibited.
(1) A local governing body may not adopt a resolution under this part that includes a requirement to:
(a) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or
(b) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices.
(2) A dedication of real property as prohibited in subsection (1)(b) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.
History: En. Sec. 1, Ch. 249, L. 2021.