reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 4. Postcertification and Legal Responsibilities › 75-20-405. Action to recover damages to water supply

75-20-405. Action to recover damages to water supply.
An owner of an interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial, or other legitimate use from a surface or underground source may sue a person to recover damages for contamination, diminution, or interruption of the water supply proximately resulting from the operation of a facility. The remedies enumerated in this section do not exclude the use of any other remedy that may be available under the laws of the state.
History: En. Sec. 19, Ch. 327, L. 1973; amd. Sec. 19, Ch. 494, L. 1975; R.C.M. 1947, 70-819(3); amd. Sec. 2508, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 4. Postcertification and Legal Responsibilities › 75-20-406. Judicial review of decisions

75-20-406. Judicial review of decisions.
(1) A person aggrieved by the final decision of the department or board on an application for a certificate may obtain judicial review of that decision by the filing of a petition in a state district court of competent jurisdiction. A challenge to the issuance of a certificate must be brought in the county in which the activity authorized by the certificate will occur. If an activity will occur in more than one county, the action may be brought in any of the counties in which the activity will occur.
(2) The judicial review procedure is the procedure for contested cases under the Montana Administrative Procedure Act.
(3) A judicial challenge to a certificate issued pursuant to this chapter by a party other than the certificate holder or applicant must include the party to whom the certificate was issued as provided in this chapter unless otherwise agreed to by the certificate holder or applicant. All judicial challenges of certificates for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.
History: En. Sec. 12, Ch. 327, L. 1973; amd. Sec. 12, Ch. 494, L. 1975; R.C.M. 1947, 70-812; amd. Sec. 20, Ch. 676, L. 1979; amd. Sec. 8, Ch. 539, L. 1981; amd. Sec. 233, Ch. 418, L. 1995; amd. Sec. 21, Ch. 329, L. 1997; amd. Sec. 13, Ch. 293, L. 2001; amd. Sec. 24, Ch. 361, L. 2003; amd. Sec. 11, Ch. 337, L. 2005; amd. Sec. 72, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 4. Postcertification and Legal Responsibilities › 75-20-407. Jurisdiction of courts restricted

75-20-407. Jurisdiction of courts restricted.
Except as expressly set forth in 75-20-401, 75-20-406, and 75-20-408, no court of this state has jurisdiction to hear or determine any issue, case, or controversy concerning any matter which was or could have been determined in a proceeding before the board or department under this chapter or to stop or delay the construction, operation, or maintenance of a facility, except to enforce compliance with this chapter or the provisions of a certificate issued pursuant to 75-20-404 and 75-20-405 or 75-20-408.
History: En. Sec. 13, Ch. 327, L. 1973; amd. Sec. 13, Ch. 494, L. 1975; R.C.M. 1947, 70-813; amd. Sec. 73, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 4. Postcertification and Legal Responsibilities › 75-20-408. Penalties for violation of chapter -- civil actions to enforce

75-20-408. Penalties for violation of chapter -- civil actions to enforce.
(1) (a) Whoever commences to construct or operate a facility without first obtaining a certificate required under 75-20-201 or a waiver of the certificate under 75-20-304(2) or, having first obtained a certificate, constructs, operates, or maintains a facility not in compliance with the certificate or violates any other provision of this chapter or any rule or order adopted under this chapter or knowingly submits false information in any report, 10-year plan, or application required by this chapter or rule or order adopted under this chapter or causes any of the aforementioned acts to occur is liable for a civil penalty of not more than $10,000 for each violation. Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001.
(b) Each day of a continuing violation constitutes a separate offense.
(c) Penalties are recoverable in an action brought by the department. The action must be brought in the district court of the county in which the violation occurred or, if mutually agreed on by the parties in the action, in the district court of the first judicial district, Lewis and Clark County.
(2) Whoever purposely or knowingly violates subsection (1) shall be fined not more than $10,000 for each violation or imprisoned for not more than 1 year, or both. Each day of a continuing violation constitutes a separate offense.
(3) In addition to any penalty provided in subsection (1) or (2), whenever the department determines that a person is violating or is about to violate any of the provisions of this section, it may bring a civil action on behalf of the state in the district court of the first judicial district of Montana, if mutually agreed on by the parties in the action, or in the district court of the county in which the violation occurred or imminent violation will occur, for injunctive or other appropriate relief against the violation and to enforce this chapter or a certificate issued under this chapter. Upon a proper showing, a permanent or preliminary injunction or temporary restraining order must be granted without bond.
(4) All fines and penalties collected must be deposited in the state special revenue fund for the use of the department in administering this chapter.
History: En. Sec. 21, Ch. 327, L. 1973; amd. Sec. 2, Ch. 270 L. 1975; amd. Sec. 21, Ch. 494, L. 1975; R.C.M. 1947, 70-821; amd. Sec. 16, Ch. 68, L. 1979; amd. Sec. 21, Ch. 676, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 22, Ch. 487, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 4. Postcertification and Legal Responsibilities › 75-20-409. Optional annual installments for location of facility on landowner's property

75-20-409. Optional annual installments for location of facility on landowner's property.
A landowner upon whose land a facility is proposed to be located has the option of receiving any negotiated settlement for use of the landowner's land, if and when the land is used for a facility, by easement, right-of-way, or other legal conveyance in either a lump sum or in not more than five consecutive annual installments.
History: En. Sec. 1, Ch. 71, L. 1979; amd. Sec. 2509, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 4. Postcertification and Legal Responsibilities › 75-20-410. Order not stayed by appeal -- stay or suspension by court -- limitations

75-20-410. Order not stayed by appeal -- stay or suspension by court -- limitations.
Notwithstanding any contrary provision in the law, the pendency of an appeal from a board order does not automatically stay or suspend the operation of the order. During the pendency of the appeal, the court may upon motion by one of the parties stay or suspend, in whole or in part, the operation of the board's orders on terms the court considers just. The court's action must be in accordance with the practice of courts exercising equity jurisdiction, subject to the following limitations:
(1) No stay may be granted without notice to the parties and an opportunity to be heard by the court.
(2) No board order may be stayed or suspended without finding that irreparable damage would otherwise result to the party seeking the stay or suspension, and any other stay or suspension of a board order must specify the nature of the damage.
History: En. Sec. 24, Ch. 676, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 4. Postcertification and Legal Responsibilities › 75-20-411. Surety bond -- other security

75-20-411. Surety bond -- other security.
If an order of the board is stayed or suspended, the court may require a bond with good and sufficient surety conditioned that the party petitioning for review answer for all damages caused by the delay in enforcing the order of the board except that the cost of the bond is not chargeable to the applicant as part of the fee. If the party petitioning for review prevails upon final resolution of an appeal, the party does not forfeit bond nor is the party responsible for damages caused by delay.
History: En. Sec. 25, Ch. 676, L. 1979; amd. Sec. 2510, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 5. Long-Range Plans (Repealed) › 75-20-501. Repealed

75-20-501. Repealed.
Sec. 24, Ch. 329, L. 1997.
History: En. Sec. 14, Ch. 327, L. 1973; amd. Sec. 40, Ch. 213, L. 1975; amd. Sec. 14, Ch. 494, L. 1975; R.C.M. 1947, 70-814; amd. Sec. 17, Ch. 68, L. 1979; amd. Sec. 3, Ch. 553, L. 1979; amd. Sec. 22, Ch. 676, L. 1979; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 1, Ch. 116, L. 1985; amd. Sec. 6, Ch. 591, L. 1985; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 10, Ch. 157, L. 1993; amd. Sec. 234, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 5. Long-Range Plans (Repealed) › 75-20-502. Repealed

75-20-502. Repealed.
Sec. 13, Ch. 583, L. 1995.
History: En. Sec. 15, Ch. 327, L. 1973; amd. Sec. 15, Ch. 494, L. 1975; R.C.M. 1947, 70-815.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 5. Long-Range Plans (Repealed) › 75-20-503. Repealed

75-20-503. Repealed.
Sec. 24, Ch. 329, L. 1997.
History: En. Sec. 16, Ch. 327, L. 1973; amd. Sec. 16, Ch. 494, L. 1975; R.C.M. 1947, 70-816; amd. Sec. 2, Ch. 69, L. 1979; amd. Sec. 23, Ch. 676, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 10. Geothermal Exploration › 75-20-1001. Geothermal exploration -- notification of department

75-20-1001. Geothermal exploration -- notification of department.
The department shall adopt rules requiring every person who proposes to gather geological data by boring of test holes or other underground exploration, investigation, or experimentation related to the possible future development of a facility employing geothermal resources to comply with the following requirements:
(1) notify the department of the proposed action;
(2) submit to the department a description of the area involved;
(3) submit to the department a statement of the proposed activities to be conducted and the methods to be utilized;
(4) submit to the department geological data reports at such times as may be required by the rules; and
(5) submit such other information as the department may require in the rules.
History: En. Sec. 20, Ch. 327, L. 1973; amd. Sec. 4, Ch. 268, L. 1974; amd. Sec. 20, Ch. 494, L. 1975; R.C.M. 1947, 70-820(3); amd. Sec. 74, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 11. Energy Conversion Facility (Repealed) › 75-20-1101. Repealed

75-20-1101. Repealed.
Sec. 28, Ch. 676, L. 1979.
History: En. 70-825 by Sec. 1, Ch. 517, L. 1975; R.C.M. 1947, 70-825.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 11. Energy Conversion Facility (Repealed) › 75-20-1102. Repealed

75-20-1102. Repealed.
Sec. 28, Ch. 676, L. 1979.
History: En. 70-826 by Sec. 2, Ch. 517, L. 1975; R.C.M. 1947, 70-826.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 11. Energy Conversion Facility (Repealed) › 75-20-1103. Repealed

75-20-1103. Repealed.
Sec. 28, Ch. 676, L. 1979.
History: En. 70-827 by Sec. 3, Ch. 517, L. 1975; R.C.M. 1947, 70-827.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 11. Energy Conversion Facility (Repealed) › 75-20-1104. Repealed

75-20-1104. Repealed.
Sec. 28, Ch. 676, L. 1979.
History: En. 70-829 by Sec. 5, Ch. 517, L. 1975; R.C.M. 1947, 70-829.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 11. Energy Conversion Facility (Repealed) › 75-20-1105. Repealed

75-20-1105. Repealed.
Sec. 28, Ch. 676, L. 1979.
History: En. 70-828 by Sec. 4, Ch. 517, L. 1975; R.C.M. 1947, 70-828.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 12. Nuclear Energy Conversion (Repealed) › 75-20-1201. Repealed

75-20-1201. Repealed.
Sec. 6, Ch. 409, L. 2021.
History: En. Sec. 1, I.M. 80, app. Nov. 7, 1978.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 12. Nuclear Energy Conversion (Repealed) › 75-20-1202. Repealed

75-20-1202. Repealed.
Sec. 6, Ch. 409, L. 2021.
History: En. Sec. 2, I.M. 80, app. Nov. 7, 1978; amd. Sec. 12, Ch. 573, L. 1985; amd. Sec. 235, Ch. 418, L. 1995; amd. Sec. 544, Ch. 546, L. 1995; amd. Sec. 22, Ch. 329, L. 1997; amd. Sec. 9, Ch. 447, L. 2019.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 12. Nuclear Energy Conversion (Repealed) › 75-20-1203. Repealed

75-20-1203. Repealed.
Sec. 6, Ch. 409, L. 2021.
History: En. Sec. 4, I.M. 80, app. Nov. 7, 1978.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 12. Nuclear Energy Conversion (Repealed) › 75-20-1204. Repealed

75-20-1204. Repealed.
Sec. 6, Ch. 409, L. 2021.
History: En. Sec. 5, I.M. 80, app. Nov. 7, 1978.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 12. Nuclear Energy Conversion (Repealed) › 75-20-1205. Repealed

75-20-1205. Repealed.
Sec. 6, Ch. 409, L. 2021.
History: En. Sec. 6, I.M. 80, app. Nov. 7, 1978; amd. Sec. 7, Ch. 312, L. 1987; amd. Sec. 23, Ch. 329, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 25. Alternative Energy Loans › Part 1. General Provisions › 75-25-101. Alternative energy revolving loan account

75-25-101. Alternative energy revolving loan account.
(1) There is a special revenue account called the alternative energy revolving loan account to the credit of the department of environmental quality.
(2) The alternative energy revolving loan account consists of money deposited into the account from air quality penalties from 75-2-401 and 75-2-413 and money from any other source. Any interest earned by the account and any interest that is generated from a loan repayment must be deposited into the account and used to sustain the program.
(3) Funds from the alternative energy revolving loan account may be used to provide loans to individuals, small businesses, units of local government, units of the university system, and nonprofit organizations for the purpose of building alternative energy systems, as defined in 15-32-102:
(a) to generate energy for their own use;
(b) for net metering as defined in 69-8-103; and
(c) for capital investments by those entities for energy conservation purposes, as defined in 15-32-102, when done in conjunction with an alternative energy system.
(4) The amount of a loan may not exceed $40,000, and the loan must be repaid within 10 years.
History: En. Sec. 1, Ch. 591, L. 2001; amd. Sec. 1, Ch. 110, L. 2005; amd. Sec. 40, Ch. 489, L. 2009; amd. Sec. 17, Ch. 6, Sp. L. November 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 25. Alternative Energy Loans › Part 1. General Provisions › 75-25-102. Administration of revolving loan account -- rulemaking authority

75-25-102. Administration of revolving loan account -- rulemaking authority.
(1) The department of environmental quality shall adopt rules establishing:
(a) eligibility criteria, including criteria for defining residences, small businesses, and nonprofit organizations, criteria for defining capital investments for energy conservation purposes, ownership of the alternative energy facility, financial capacity to repay the loans, estimated return on investment in the alternative energy and energy conservation, and other matters that the department considers necessary to ensure repayment of loans and to encourage maximum use of the fund for alternative energy and net metering uses;
(b) processes and procedures for disbursing loans, including the agencies or organizations that are allowed to process the loan application for the department; and
(c) terms and conditions for the loans, including repayment schedules and interest.
(2) The department shall solicit assistance in the development and operation of the program from individuals familiar with financial services and persons knowledgeable in alternative energy systems.
(3) Administrative costs charged to the account may not exceed 10% of the total loans or $23,000 a year, whichever is greater. Legal fees and costs associated with collection of debt on principal are not considered administrative costs.
(4) The loan repayment period may not exceed 10 years. The loans must be made at a low interest rate. The department may set the interest rate at an amount that will cover its administrative costs, but the rate may not be less than 1% a year. The department may seek recovery of the amount of principal loaned in the event of default.
History: En. Sec. 2, Ch. 591, L. 2001; amd. Sec. 2, Ch. 110, L. 2005; amd. Sec. 41, Ch. 489, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 25. Alternative Energy Loans › Part 1. General Provisions › 75-25-103. Outcome measures

75-25-103. Outcome measures.
The department of environmental quality shall develop reasonable outcome measures by which the success of the alternative energy system loan program provided for in this part must be measured on an annual basis. Minimal outcome that must be measured includes:
(1) a loan loss ratio of under 5%;
(2) the types of alternative energy systems that provided the best overall results for residences and those for small businesses; and
(3) a determination of the amount of energy that was produced because of participation in the program.
History: En. Sec. 3, Ch. 591, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 26. Wind Generation and Solar Facilities › Part 3. Decommissioning › 75-26-301. Definitions

75-26-301. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Board" means the board of environmental review provided for in 2-15-3502.
(2) "Decommission" or "decommissioning" means:
(a) except as provided in 75-26-304(2), the removal of buildings, cabling, electrical components, roads, or any other facilities associated with a wind generation or solar facility;
(b) except as provided in 75-26-304(2), reclamation of surface lands to the previous grade and to comparable productivity in order to prevent adverse hydrologic effects; and
(c) (i) the removal of the solar facility after the end of the facility's useful life or abandonment; or
(ii) the removal of an aboveground wind turbine tower after the end of a wind generation facility's useful life or abandonment.
(3) "Department" means the department of environmental quality provided for in 2-15-3501.
(4) "Owner" means a person who owns a wind generation or solar facility used for the generation of electricity.
(5) "Person" means any individual, firm, partnership, company, association, corporation, city, town, or local governmental entity or any other state, federal, or private entity, whether organized for profit or not.
(6) "Repurposed" means having made a significant investment in an existing wind generation or solar facility to extend the useful life of the facility by more than 5 years.
(7) "Solar facility" means an installation or combination of solar panels or plates, including a canopy or array, that captures and converts solar radiation to produce electricity and includes flat plate, focusing solar collectors, or photovoltaic solar cells that:
(a) has a nameplate capacity greater than or equal to 2 megawatts; and
(b) produces electricity that is not consumed on the premises of the solar facility or on land immediately adjacent to the premises of the solar facility.
(8) "Wind generation facility" means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land and improvements and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity greater than or equal to 25 megawatts.
History: En. Sec. 1, Ch. 247, L. 2017; amd. Sec. 1, Ch. 304, L. 2019.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 26. Wind Generation and Solar Facilities › Part 3. Decommissioning › 75-26-308. Wind and solar decommissioning account -- use of existing resources

75-26-308. Wind and solar decommissioning account -- use of existing resources.
(1) There is a wind and solar decommissioning account within the state special revenue fund established in 17-2-102. There must be paid into the account:
(a) penalties collected in accordance with 75-26-304(9); and
(b) interest income earned on the account.
(2) Funds in the wind and solar decommissioning account are statutorily appropriated, as provided in 17-7-502, to the department.
(3) (a) Money in the account may only be used by the department in implementing this part and rules adopted pursuant to this part.
(b) The department shall administer this part using existing resources and money in the account pursuant to subsection (1).
(4) The department shall maintain and hold bonds or other surety received by the department as authorized in 75-26-304 for use in accordance with this part.
History: En. Sec. 3, Ch. 247, L. 2017; amd. Sec. 3, Ch. 304, L. 2019.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 26. Wind Generation and Solar Facilities › Part 3. Decommissioning › 75-26-309. Release of bond -- use of bond by department

75-26-309. Release of bond -- use of bond by department.
(1) (a) Subject to subsection (1)(b), the department shall release the bond if it is satisfied that an owner has properly decommissioned a wind generation facility or solar facility in accordance with the plan required in 75-26-304.
(b) At any time, an owner of a wind generation facility or solar facility may petition the department for release of the bond, and the department shall reply with a determination within 90 days.
(2) If the owner of a wind generation facility or solar facility fails to properly decommission a wind generation facility or solar facility and has not commenced action to rectify deficiencies within 90 days after notification by the department, the department shall cause the bond to be forfeited. The department, with staff, equipment, and material under its control or by contract with others, may take any necessary actions to decommission the wind generation facility or solar facility.
History: En. Sec. 4, Ch. 247, L. 2017; amd. Sec. 4, Ch. 304, L. 2019.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 26. Wind Generation and Solar Facilities › Part 3. Decommissioning › 75-26-310. Rulemaking

75-26-310. Rulemaking.
The department shall adopt rules prescribing:
(1) standards and procedures for the submission of reasonable bonds with good and sufficient surety by the owners of wind generation facilities and solar facilities;
(2) the collection of penalties in accordance with 75-26-304(9);
(3) criteria and the process for releasing a bond in accordance with 75-26-309;
(4) the department's use of a bond in the event that the owner of a wind generation facility or solar facility fails to decommission a wind generation facility or solar facility;
(5) information required by the department to determine bond requirements in accordance with 75-26-304; and
(6) any additional requirements to ensure compliance with this part.
History: En. Sec. 5, Ch. 247, L. 2017; amd. Sec. 5, Ch. 304, L. 2019.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-101. Planning boards authorized

76-1-101. Planning boards authorized.
The governing body of any city or town, the governing bodies of more than one city or town, or the governing body of any county or any combination thereof may create a planning board in order to promote the orderly development of its governmental units and its environs.
History: En. Sec. 1, Ch. 246, L. 1957; amd. Sec. 1, Ch. 247, L. 1963; amd. Sec. 2, Ch. 273, L. 1971; R.C.M. 1947, 11-3801(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-102. Purpose

76-1-102. Purpose.
(1) It is the object of this chapter to encourage local units of government to improve the present health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities to the end that highway systems be carefully planned; that new community centers grow only with adequate highway, utility, health, educational, and recreational facilities; that the needs of agriculture, industry, and business be recognized in future growth; that residential areas provide healthy surroundings for family life; and that the growth of the community be commensurate with and promotive of the efficient and economical use of public funds.
(2) In accomplishing this objective, it is the intent of this chapter that the planning board shall serve in an advisory capacity to presently established boards and officials.
History: En. Sec. 1, Ch. 246, L. 1957; amd. Sec. 1, Ch. 247, L. 1963; amd. Sec. 2, Ch. 273, L. 1971; R.C.M. 1947, 11-3801(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-103. Definitions

76-1-103. Definitions.
As used in this chapter, the following definitions apply:
(1) "City" includes incorporated cities and towns.
(2) "City council" means the chief legislative body of a city or incorporated town.
(3) "Governing body" or "governing bodies" means the governing body of any governmental unit represented on a planning board.
(4) "Growth policy" means a comprehensive development plan, master plan, or comprehensive plan that was adopted pursuant to this chapter before October 1, 1999, or a policy that was adopted pursuant to this chapter on or after October 1, 1999.
(5) "Land use management techniques and incentives" include but are not limited to zoning regulations, subdivision regulations, and market incentives.
(6) "Market incentives" may include but are not limited to an expedited subdivision review process authorized by 76-3-609, reductions in parking requirements, and a sliding scale of development review fees.
(7) "Mayor" means mayor of a city.
(8) "Neighborhood plan" means a plan for a geographic area within the boundaries of the jurisdictional area that addresses one or more of the elements of the growth policy in more detail.
(9) "Person" means any individual, firm, or corporation.
(10) "Planning board" means a city planning board, a county planning board, or a joint city-county planning board.
(11) "Plat" means a subdivision of land into lots, streets, and areas, marked on a map or plan, and includes replats or amended plats.
(12) "Public place" means any tract owned by the state or its subdivisions.
(13) "Streets" includes streets, avenues, boulevards, roads, lanes, alleys, and all public ways.
(14) "Utility" means any facility used in rendering service that the public has a right to demand.
History: En. Sec. 3, Ch. 246, L. 1957; amd. Sec. 2, Ch. 247, L. 1963; amd. Sec. 1, Ch. 349, L. 1973; R.C.M. 1947, 11-3803(part); amd. Sec. 1, Ch. 266, L. 1979; amd. Sec. 4, Ch. 582, L. 1999; amd. Sec. 1, Ch. 599, L. 2003; amd. Sec. 1, Ch. 455, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-104. Procedure to establish county planning board -- protest

76-1-104. Procedure to establish county planning board -- protest.
(1) Before a county planning board may be created, the board of county commissioners shall by resolution give public notice of their intent to create such planning board and of a public hearing thereon by publication of notice of time and place of hearing on such resolution in each newspaper published in the county not less than 15 or more than 30 days prior to the date of hearing.
(2) A resolution creating a county planning board shall not be adopted by the board of county commissioners if disapproved in writing, not later than 60 days after such hearing, by a majority of the qualified electors of the county residing outside the limits of the jurisdictional area of an existing city-county planning board established pursuant to 76-1-504 through 76-1-507 and outside the incorporated limits of each city and town in the county.
History: En. Sec. 1, Ch. 246, L. 1957; amd. Sec. 1, Ch. 247, L. 1963; amd. Sec. 2, Ch. 273, L. 1971; R.C.M. 1947, 11-3801(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-105. Role of county in formation of city planning board

76-1-105. Role of county in formation of city planning board.
(1) Prior to enacting an ordinance creating a city planning board, the city council shall notify in writing the county commissioners of the county in which the city is located of their intention to form a city planning board.
(2) The board of county commissioners shall elect to form a city-county planning board or to permit the city to form a city planning board and shall notify in writing the city council of its election within 30 days from receipt of notice of the city's intention to form a planning board. In the event the county commissioners so elect, the planning board to be so formed shall be a city-county planning board.
History: En. Sec. 5, Ch. 246, L. 1957; R.C.M. 1947, 11-3805.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-106. Role of planning board

76-1-106. Role of planning board.
(1) To ensure the promotion of public health, safety, morals, convenience, or order or the general welfare and for the sake of efficiency and economy in the process of community development, if requested by the governing body, the planning board shall prepare a growth policy and shall serve in an advisory capacity to the local governing bodies establishing the planning board.
(2) The planning board may propose policies for:
(a) subdivision plats;
(b) the development of public ways, public places, public structures, and public and private utilities;
(c) the issuance of improvement location permits on platted and unplatted lands; or
(d) the laying out and development of public ways and services to platted and unplatted lands.
History: En. Sec. 28, Ch. 246, L. 1957; amd. Sec. 10, Ch. 247, L. 1963; R.C.M. 1947, 11-3828(1), (2); amd. Sec. 5, Ch. 582, L. 1999; amd. Sec. 2, Ch. 599, L. 2003.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-107. Role of planning board in relation to subdivisions and plats

76-1-107. Role of planning board in relation to subdivisions and plats.
(1) Except as provided in subsection (2), the governing body of any city, town, or county that has formed a planning board and adopted a growth policy pursuant to this chapter and subdivision regulations pursuant to chapter 3 shall seek the advice of the appropriate planning board in all matters pertaining to the approval or disapproval of plats or subdivisions.
(2) The planning board may delegate to its staff its responsibility under subsection (1) to advise the governing body on any or all proposed minor subdivisions.
History: En. Sec. 2, Ch. 19, L. 1971; R.C.M. 1947, 11-3842.1; amd. Sec. 6, Ch. 582, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-108. City-county planning board as a zoning commission

76-1-108. City-county planning board as a zoning commission.
The city council may in its discretion require the city-county planning board to function as the zoning commission authorized under 76-2-307.
History: En. Sec. 28, Ch. 246, L. 1957; amd. Sec. 10, Ch. 247, L. 1963; R.C.M. 1947, 11-3828(3).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-109. Interaction of local government and city-county planning board

76-1-109. Interaction of local government and city-county planning board.
The governing bodies of the city or county shall give consideration to recommendations of the city-county planning board, but the governing bodies shall not be bound by such recommendations.
History: En. Sec. 28, Ch. 246, L. 1957; amd. Sec. 10, Ch. 247, L. 1963; R.C.M. 1947, 11-3828(4).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-110. Cooperation with planning board by state and local governments

76-1-110. Cooperation with planning board by state and local governments.
Whenever the board undertakes the preparation of a growth policy, the departments and officials of state, city, county, and separate taxing units operating within lands under the jurisdiction of the board shall make available, upon the request of the board, information, documents, and plans that have been prepared or, upon the request of the board, shall provide any information that relates to the board's activity.
History: En. Sec. 29, Ch. 246, L. 1957; R.C.M. 1947, 11-3829; amd. Sec. 7, Ch. 582, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-111. Representation of county or additional cities or towns on existing boards

76-1-111. Representation of county or additional cities or towns on existing boards.
(1) Any city, county, or town or any combination of cities, counties, or towns wishing to be represented upon an existing planning board may, by agreement of the governing body or bodies then represented on the board, obtain representation on the board and share in the membership duties and costs of the board upon a basis agreeable to the governing body or bodies creating the board.
(2) The membership, as well as the jurisdictional area of any board, may be increased to provide for representation and planning of any additional cities, counties, or towns seeking representation.
(3) Any city, county, or town that becomes represented upon an existing planning board pursuant to this section may appropriate funds for expenses necessary to cover the costs of representation. Subject to 15-10-420, the governing bodies of any represented city, county, or town may levy on all property that is added to the jurisdictional area of an existing board by representation a tax for planning board purposes under procedures set forth in Title 7, chapter 6, part 40.
History: En. Sec. 15, Ch. 246, L. 1957; amd. Sec. 6, Ch. 273, L. 1971; R.C.M. 1947, 11-3815; amd. Sec. 137, Ch. 584, L. 1999; amd. Sec. 189, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-112. Joint or consolidated planning boards

76-1-112. Joint or consolidated planning boards.
(1) Any existing city, county, or city-county planning board may form a joint or consolidated planning board with any other existing city, county, or city-county planning board or with any combination of these boards.
(2) The manner of combination must be by interlocal agreement of the cities, counties, and towns represented on the existing planning boards pursuant to Title 7, chapter 11, part 1.
(3) The interlocal agreement must:
(a) state the name of the combined board;
(b) specify whether a joint or combined board is formed;
(c) specify the representation, means and manner of appointment, membership duties, and manner of sharing costs of the combined board which may, subject to subsection (6), be on any basis agreeable to the governing bodies of the cities, counties, and towns represented on the existing planning boards.
(4) If a consolidated board is formed, the existing city, county, and city-county planning boards must be dissolved and the consolidated board has the rights, duties, powers, and obligations of the existing planning boards.
(5) If a joint board is formed, the existing planning boards may not be dissolved and the joint board has the rights, duties, powers, and obligations that are contained in the interlocal agreement.
(6) Membership of any city-county board formed pursuant to this section must have representation consistent with the requirements of part 2 of this chapter.
History: En. 11-3815.1 by Sec. 1, Ch. 101, L. 1975; R.C.M. 1947, 11-3815.1; amd. Sec. 1, Ch. 274, L. 1997.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-113. Effect of chapter on natural resources

76-1-113. Effect of chapter on natural resources.
(1) Except as provided in subsection (2), nothing in this chapter may be considered to authorize an ordinance, resolution, or rule that would prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources by the owner thereof.
(2) The complete use, development, or recovery of a mineral by an operation that mines sand and gravel and an operation that mixes concrete or batches asphalt on a site that is located within a geographic area zoned as residential are subject to the zoning regulations adopted under Title 76, chapter 2.
History: En. Sec. 53, Ch. 246, L. 1957; amd. Sec. 6, Ch. 271, L. 1959; R.C.M. 1947, 11-3853; amd. Sec. 1, Ch. 408, L. 1991.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 1. General Provisions › 76-1-114. Consolidated land use boards -- zoning commission, planning board, and board of adjustment

76-1-114. Consolidated land use boards -- zoning commission, planning board, and board of adjustment.
(1) The governing body of a city, county, or consolidated city-county may consolidate any combination of a planning board or planning boards as authorized in Title 76, chapter 1, a zoning commission as provided in 76-2-220 and 76-2-307, and a board of adjustment as provided in 76-2-221 and 76-2-321 into a consolidated land use board.
(2) The requirements regarding the duties and roles of a planning board as provided in Title 76, chapter 1, a zoning commission as provided in Title 76, chapter 2, parts 2 and 3, and a board of adjustment as provided in Title 76, chapter 2, parts 2 and 3, apply to a consolidated land use board.
(3) A consolidated land use board allowed under this section shall adopt bylaws that clearly define the roles and duties of a member when acting as a planning board member, a zoning commission member, or a board of adjustment member.
(4) (a) Except as provided in subsection (4)(b), a consolidated land use board allowed under this section must consist of at least five appointed citizen members that reside within the jurisdictional area of the consolidated land use board and who may be removed by the appointing authority. A vacancy on a consolidated land use board must be filled by the appointing authority.
(b) If a consolidated land use board includes the consolidation of a joint or consolidated board as allowed in 76-1-112 or a city-county planning board as allowed in 76-1-201, the consolidated land use board must consist of at least nine appointed citizen members as required in 76-1-201.
(5) The requirements provided in Title 76, chapter 1, and in Title 76, chapter 2, parts 2 and 3, regarding the number, qualification, and removal of members on a planning board, zoning commission, or board of adjustment do not apply to a consolidated land use board allowed under this section.
History: En. Sec. 1, Ch. 327, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 2. Membership › 76-1-201. Membership of city-county planning board

76-1-201. Membership of city-county planning board.
(1) Except as provided in subsection (2), a city-county planning board consists of no fewer than nine members to be appointed as follows:
(a) two official members who reside outside the city limits but within the jurisdictional area of the city-county planning board to be appointed by the board of county commissioners, who may in the discretion of the board of county commissioners be employed by or hold public office in the county;
(b) two official members who reside within the city limits to be appointed by the city council, who may in the discretion of the city council be employed by or hold public office in the city;
(c) two citizen members who reside within the city limits to be appointed by the mayor of the city;
(d) two citizen members who reside within the jurisdictional area of the city-county planning board to be appointed by the board of county commissioners;
(e) the ninth member to be appointed by the board of supervisors of a conservation district provided for in 76-15-311 from the members or associate members of the board of supervisors, subject to approval of the members provided for in subsections (1)(a) through (1)(d).
(2) Subsection (1)(e) does not apply if there is no member or associate member of the board of supervisors of a conservation district who is able or willing to serve on the city-county planning board. In that case, the ninth member of the city-county planning board must be selected by the eight officers and citizen members pursuant to subsections (1)(a) through (1)(d), with the consent and approval of the board of county commissioners and the city council.
History: En. Sec. 10, Ch. 246, L. 1957; amd. Sec. 4, Ch. 247, L. 1963; amd. Sec. 1, Ch. 189, L. 1965; amd. Sec. 3, Ch. 273, L. 1971; amd. Sec. 2, Ch. 349, L. 1973; R.C.M. 1947, 11-3810(part); amd. Sec. 1, Ch. 192, L. 1979; amd. Sec. 1, Ch. 509, L. 1985; amd. Sec. 1, Ch. 151, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 2. Membership › 76-1-202. Qualifications of citizen members of city-county planning board

76-1-202. Qualifications of citizen members of city-county planning board.
(1) The citizen members of the city-county planning board shall be resident freeholders in the area over which the planning board has jurisdiction; provided, however, that at least two of such members shall be resident freeholders in the area, if any, outside the city limits over which the planning board has jurisdiction and the two members appointed by the county commissioners shall reside outside the city limits but within the jurisdictional area of the planning board.
(2) Any citizen appointee may be removed from office by a majority vote of the governing body of the governmental unit represented by such appointee.
History: (1)Ap. p. Sec. 12, Ch. 246, L. 1957; amd. Sec. 2, Ch. 271, L. 1959; amd. Sec. 5, Ch. 273, L. 1971; Sec. 11-3812, R.C.M. 1947; Ap. p. Sec. 10, Ch. 246, L. 1957; amd. Sec. 4, Ch. 247, L. 1963; amd. Sec. 1, Ch. 189, L. 1965; amd. Sec. 3, Ch. 273, L. 1971; amd. Sec. 2, Ch. 349, L. 1973; Sec. 11-3810, R.C.M. 1947; (2)En. Sec. 13, Ch. 246, L. 1957; amd. Sec. 5, Ch. 247, L. 1963; Sec. 11-3813, R.C.M. 1947; R.C.M. 1947, 11-3810(part), 11-3812(part), 11-3813.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 2. Membership › 76-1-203. Term of members of county and city-county planning boards

76-1-203. Term of members of county and city-county planning boards.
The terms of the members who are officers of any governmental unit represented on the board shall be coextensive with their respective terms of office to which they have been elected or appointed; the terms of the other members shall be 2 years, except that the terms of the first members appointed shall be fixed by agreement and rule of the governing bodies represented on the board for 1 or 2 years in order that a minimum number of terms shall expire in any year.
History: En. Sec. 10, Ch. 246, L. 1957; amd. Sec. 4, Ch. 247, L. 1963; amd. Sec. 1, Ch. 189, L. 1965; amd. Sec. 3, Ch. 273, L. 1971; amd. Sec. 2, Ch. 349, L. 1973; R.C.M. 1947, 11-3810(3).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 2. Membership › 76-1-204. Vacancies on county and city-county planning boards

76-1-204. Vacancies on county and city-county planning boards.
(1) Vacancies occurring on the board of official members and by death or resignation of citizen members shall be filled for the unexpired term by the governing bodies having appointed them.
(2) Vacancies occurring in citizen members on the county planning board at the end of a term shall be filled by the board of county commissioners.
(3) Vacancies occurring in citizen members on the city-county planning board at the end of a term shall be filled alternately by the mayor and the board of county commissioners represented on the board, commencing with the mayor.
(4) In the event more than one city is represented on a board, the representation and appointments to be made by the respective cities and counties shall be by agreement and rule of the board.
History: En. Sec. 11, Ch. 246, L. 1957; amd. Sec. 4, Ch. 273, L. 1971; R.C.M. 1947, 11-3811.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 2. Membership › 76-1-211. Membership of county planning board

76-1-211. Membership of county planning board.
(1) County planning boards consist of not less than five members appointed by the board of county commissioners. At least one member of a county planning board existing on or formed after July 1, 1973, must be a member of the governing board of a conservation district as provided for in chapter 15, an associate member of a conservation district designated by the governing board of a conservation district, or a member of a state cooperative grazing district if officers of either of the districts or the designated associate member of a conservation district reside in the county.
(2) If a city or town subsequently becomes represented on the county planning board pursuant to 76-1-111, additional members of the planning board representing the cities or towns must be appointed by the respective city councils.
History: En. Sec. 10, Ch. 246, L. 1957; amd. Sec. 4, Ch. 247, L. 1963; amd. Sec. 1, Ch. 189, L. 1965; amd. Sec. 3, Ch. 273, L. 1971; amd. Sec. 2, Ch. 349, L. 1973; R.C.M. 1947, 11-3810(2); amd. Sec. 2, Ch. 151, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 1. Planning Boards › Part 2. Membership › 76-1-212. Citizen members of county planning board

76-1-212. Citizen members of county planning board.
(1) The citizen members of the county planning board shall be resident freeholders in the area over which the planning board has jurisdiction.
(2) Any citizen appointee may be removed from office by a majority vote of the governing body of the governmental unit represented by such appointee.
History: (1)En. Sec. 12, Ch. 246, L. 1957; amd. Sec. 2, Ch. 271, L. 1959; amd. Sec. 5, Ch. 273, L. 1971; Sec. 11-3812, R.C.M. 1947; (2)En. Sec. 13, Ch. 246, L. 1957; amd. Sec. 5, Ch. 247, L. 1963; Sec. 11-3813, R.C.M. 1947; R.C.M. 1947, 11-3812(part), 11-3813.