reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-113. Renumbered 87-5-913

76-22-113. Renumbered 87-5-913.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-114. Renumbered 87-5-914

76-22-114. Renumbered 87-5-914.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-115. Renumbered 87-5-915

76-22-115. Renumbered 87-5-915.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-116. Renumbered 87-5-916

76-22-116. Renumbered 87-5-916.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-117. Renumbered 87-5-917

76-22-117. Renumbered 87-5-917.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 22. Sage Grouse Habitat Management (Renumbered) › Part 1. Montana Greater Sage-Grouse Stewardship Act (Renumbered) › 76-22-118. Renumbered 87-5-918

76-22-118. Renumbered 87-5-918.
Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 1. General Provisions › 76-25-102. Legislative purpose, findings, and intent

76-25-102. Legislative purpose, findings, and intent.
(1) It is the purpose of this chapter to promote the health, safety, and welfare of the people of Montana through a system of comprehensive planning that balances private property rights and values, public services and infrastructure, the human environment, natural resources, and recreation, and a diversified and sustainable economy.
(2) The legislature finds that coordinated and planned growth will encourage and support:
(a) sufficient housing units for the state's growing population that are attainable for citizens of all income levels;
(b) the provision of adequate public services and infrastructure in the most cost-effective manner possible, shared equitably among all residents, businesses, and industries;
(c) the natural environment, including wildlife and wildlife habitat, sufficient and clean water, and healthy air quality;
(d) agricultural, forestry, and mining lands for the production of food, fiber, and minerals and their economic benefits;
(e) the state's economy and tax base through job creation, business development, and the revitalization of established communities;
(f) persons, property, infrastructure, and the economy against natural hazards, such as flooding, earthquake, wildfire, and drought; and
(g) local consideration, participation, and review of plans for projected population changes and impacts resulting from those plans.
(3) It is the legislature's intent that the comprehensive planning authorized in this chapter:
(a) provides the broadest and most comprehensive level of collecting data, identifying and analyzing existing conditions and future opportunities and constraints, acknowledging and addressing the impacts of development on each jurisdiction, and providing for broad public participation;
(b) serves as the basis for implementing specific land use regulations that are in substantial compliance with the local land use plan;
(c) provides for local government approval of development proposals in substantial compliance with the land use plan, based on information, analysis, and public participation provided during the development and adoption of the land use plan and implementing regulations; and
(d) allows for streamlined administrative review decisionmaking for site-specific development applications.
History: En. Sec. 2, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 1. General Provisions › 76-25-105. Applicability and compliance

76-25-105. Applicability and compliance.
(1) A municipality with a population at or exceeding 5,000 located within a county with a population at or exceeding 70,000 in the most recent decennial census shall comply with the provisions of this chapter.
(2) (a) Except as provided in subsection (2)(b), any municipality that meets the population thresholds of subsection (1) on May 17, 2023, shall comply with the provisions of this chapter within 3 years of May 17, 2023.
(b) A municipality that has adopted a growth policy within 5 years prior to May 17, 2023, shall comply with the provisions of this chapter within 5 years of the date that the growth policy was adopted or within the deadline established in subsection (2)(a), whichever occurs later.
(c) A municipality that meets the population thresholds of subsection (1) on any decennial census completed after May 17, 2023, shall comply with the provisions of this chapter by December 31 of the third year after the date of the decennial census.
(3) (a) A local government that is not required to comply with the provisions of this chapter may decide to comply with the provisions of this chapter by an affirmative vote of the local governing body. After an affirmative vote, the governing body shall comply with the provisions of this chapter by December 31 of the fifth year after the date of the vote.
(b) A local government that votes pursuant to subsection (3)(a) to comply with the provisions of this chapter may subsequently decide to not comply with the provisions of this chapter by an affirmative vote.
(4) A local government that complies with this chapter is not subject to any provision of Title 76, chapters 1, 2, 3, or 8.
History: En. Sec. 5, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 2. Land Use Plan › 76-25-203. Existing conditions and population projections

76-25-203. Existing conditions and population projections.
(1) The land use plan must include, at a minimum, inventories and descriptions of existing conditions of housing, local services and facilities, economic development, natural resources, environment, and hazards, and land use within the jurisdictional boundaries of the land use plan.
(2) As set forth in 76-25-206 through 76-25-209 and 76-25-213 through 76-25-216, the land use plan must include, at minimum, a description, map, and analysis of how the jurisdiction will accommodate its projected population over the next 20 years and the expected impacts of the development in the areas of housing, local services and facilities, economic development, natural resources, environment, and hazards.
(3) The inventories and descriptions in the plan must be based on up-to-date surveys, maps, diagrams, charts, descriptive material, studies, and reports necessary to explain and supplement the analysis of each section of the land use plan.
(4) (a) A jurisdiction shall use demographics provided by:
(i) the most recent decennial census or census estimate of the United States census bureau; and
(ii) population projections for a 20-year period based on permanent and seasonal population estimates:
(A) provided by demographics published by the department of commerce;
(B) generated by the local government; or
(C) produced by a professional firm specializing in projections.
(b) When a population projection is not available, population projections for the jurisdiction must be reflective of the area's proportional share of the total county population and the total county population growth.
History: En. Sec. 9, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 2. Land Use Plan › 76-25-206. Housing

76-25-206. Housing.
(1) A local governing body shall identify and analyze existing and projected housing needs for the projected population of the jurisdiction and provide regulations that allow for the rehabilitation, improvement, or development of the number of housing units needed, as identified in the land use plan and future land use map, including:
(a) a quantification of the jurisdiction's existing and projected needed housing types, including location, age, condition, and occupancy required to accommodate existing and estimated population projections;
(b) an inventory of sites, including zoned, unzoned, vacant, underutilized, and potential redevelopment sites, available to meet the jurisdiction's needed housing types;
(c) an analysis of any constraints to housing development, such as zoning, development standards, and infrastructure needs and capacity, and the identification of market-based incentives that may affect or encourage the development of needed housing types; and
(d) a detailed description of what actions the jurisdiction may take to accommodate the projected needed housing types identified in subsection (1)(a).
(2) The housing section of the land use plan and future land use map may incorporate by reference any information or policies identified in other housing needs assessments adopted by the governing body.
(3) If, after performing the analysis required in subsection (1), the local government determines that the total needed housing types may not be met due to lack of resources, development sites, infrastructure capacity, or other documented constraints, the local government shall establish the minimum number of housing units that may be rehabilitated, improved, or developed within the jurisdiction over the 20-year planning period and the actions the local government may take to remove constraints to the development of those units over that period.
(4) Progress toward the construction of the housing units identified as needed to meet projected housing needs during the 20-year planning period of the land use plan must be documented at each fifth year review of the land use plan as required in 76-25-202.
(5) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body.
History: En. Sec. 10, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 2. Land Use Plan › 76-25-208. Economic development

76-25-208. Economic development.
(1) The land use plan must:
(a) assess existing and potential commercial, industrial, small business, and institutional enterprises in the jurisdiction, including the types of sites and supporting services needed by the enterprises;
(b) summarize job composition and trends by industry sector, including existing labor force characteristics and future labor force requirements, for existing and potential enterprises in the jurisdiction;
(c) assess the extent to which local characteristics, assets, and resources support or constrain existing and potential enterprises, including access to transportation to market goods and services, and assess historic, cultural, and scenic resources and their relationship to private sector success in the jurisdiction;
(d) inventory sites within the jurisdiction, including zoned, unzoned, vacant, underutilized, and potentially redeveloped sites, available to meet the jurisdiction's economic development needs;
(e) assess the adequacy of existing and projected local facilities and services, schools, housing stock, and other land uses necessary to support existing and potential commercial, industrial, and institutional enterprises; and
(f) assess the financial feasibility of supporting anticipated economic growth in the jurisdiction.
(2) The local government may incorporate by reference any information or policies identified in other relevant economic development assessments.
(3) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body.
History: En. Sec. 12, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 2. Land Use Plan › 76-25-209. Natural resources, environment, and hazards

76-25-209. Natural resources, environment, and hazards.
(1) The land use plan must:
(a) include inventories and maps of natural resources within the jurisdiction, including but not limited to agricultural lands, agricultural water user facilities, minerals, sand and gravel resources, forestry lands, and other natural resources identified by the local government;
(b) describe the natural resource characteristics of the jurisdictional area, including a summary of historical natural resource utilization, data on existing utilization, and projected future trends;
(c) include an inventory, maps, and description of the natural environment of the jurisdictional area, including a summary of important natural features and the conditions of and real and potential threats to soils, geology, topography, vegetation, surface water, groundwater, aquifers, floodplains, scenic resources, wildlife, wildlife habitat, wildlife corridors, and wildlife nesting sites within the jurisdiction; and
(d) include maps of, identify factors related to, and describe natural hazards within the jurisdictional area, including flooding, fire, earthquakes, steep slopes and other known geologic hazards and other natural hazards identified by the jurisdiction, with a summary of past significant events resulting from natural hazards that includes:
(i) a description of land use constraints resulting from natural hazards;
(ii) a description of the efforts that have been taken within the local jurisdiction to mitigate the impact of natural hazards; and
(iii) a description of the role that natural resources and the environment play in the local economy.
(2) The local government may incorporate by reference any information or policies identified in other relevant assessments of natural resources, environment, or hazards.
(3) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body.
History: En. Sec. 13, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 2. Land Use Plan › 76-25-214. Area plans

76-25-214. Area plans.
(1) A local governing body may adopt area plans for a portion of the jurisdiction to provide a more localized analysis of all or any part of a land use plan. An area plan may include but is not limited to a neighborhood plan, a corridor plan, or a subarea plan.
(2) The adoption, amendment, or update of an area plan must follow the same process as a land use plan provided for in this part and may be adopted as an amendment to the land use plan.
(3) The area plan must be in substantial compliance with the land use plan. To the extent an area plan is inconsistent with the land use plan, the land use plan controls.
History: En. Sec. 15, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 2. Land Use Plan › 76-25-215. Issue plans

76-25-215. Issue plans.
(1) A local governing body may adopt issue plans for all or part of a jurisdiction that provide a more detailed or thorough analysis for any component of the land use plan.
(2) The adoption, amendment, or update of an issue plan must follow the same process as a land use plan provided for in this part.
(3) If an issue plan covers the jurisdictional area of the land use plan, the issue plan may serve as the detailed analysis required in the land use plan.
History: En. Sec. 16, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 2. Land Use Plan › 76-25-216. Implementation

76-25-216. Implementation.
(1) The land use plan and future land use map is not a regulatory document and must include an implementation section that:
(a) establishes meaningful and predictable implementation measures for the use and development of land within the jurisdiction based on the contents of the land use plan and future land use map;
(b) provides meaningful direction for the content of more detailed land use regulations and future land use maps; and
(c) requires identification of those programs, activities, actions, or land use regulations that may be part of the overall strategy of the jurisdiction for implementing the land use plan.
(2) The implementation section of the land use plan must include:
(a) if the local jurisdiction does not have current zoning regulations, a schedule by which zoning regulations and a zoning map will be adopted in accordance with the deadlines set forth in 76-25-105;
(b) if the local jurisdiction has current zoning regulations, an analysis of whether any inconsistencies exist between current zoning regulations and the land use plan and future land use map, including a map of the inconsistencies. If inconsistencies exist, the local government shall identify:
(i) specific implementation actions necessary to amend the zoning regulations and the zoning map to bring the zoning regulations and zoning map into substantial compliance with the land use plan and future land use map;
(ii) a schedule for amending the zoning regulations and zoning map to be in substantial compliance with the land use plan and future land use map, in accordance with the deadlines set forth in 76-25-105;
(iii) a schedule for adopting a capital improvements program or for amending an existing capital improvements program to be in substantial compliance with the land use plan and future land use map;
(iv) a schedule for expanding or replacing public facilities and the anticipated costs and revenue sources proposed to meet those costs, which must be reflected in a jurisdiction's capital improvement program;
(v) if applicable, a schedule for updating the plan for extension of services required in 7-2-4732 to be in substantial compliance with the land use plan; and
(vi) a schedule for implementing any other specific actions necessary to achieve the components of the land use plan, including a timeframe or prioritization of each specific public action; and
(c) procedures for monitoring and evaluating the local government's progress toward meeting the implementation schedule.
History: En. Sec. 17, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 3. Zoning › 76-25-302. Encouragement of development of housing

76-25-302. Encouragement of development of housing.
(1) The zoning regulations authorized in 76-25-301 must include a minimum of five of the following housing strategies, applicable to the majority of the area, where residential development is permitted in the jurisdictional area:
(a) allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted;
(b) zone for higher density housing near transit stations, places of employment, higher education facilities, and other appropriate population centers, as determined by the local government;
(c) eliminate or reduce off-street parking requirements to require no more than one parking space per dwelling unit;
(d) eliminate impact fees for accessory dwelling units or developments that include multi-unit dwellings or reduce the fees by at least 25%;
(e) allow, as a permitted use, for at least one internal or detached accessory dwelling unit on a lot with a single-unit dwelling occupied as a primary residence;
(f) allow for single-room occupancy developments;
(g) allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted;
(h) eliminate minimum lot sizes or reduce the existing minimum lot size required by at least 25%;
(i) eliminate aesthetic, material, shape, bulk, size, floor area, and other massing requirements for multi-unit dwellings or mixed-use developments or remove at least half of those requirements;
(j) provide for zoning that specifically allows or encourages the development of tiny houses, as defined in Appendix Q of the International Residential Code as it was printed on January 1, 2023;
(k) eliminate setback requirements or reduce existing setback requirements by at least 25%;
(l) increase building height limits for dwelling units by at least 25%;
(m) allow multi-unit dwellings or mixed-use development as a permitted use on all lots where office, retail, or commercial are primary permitted uses; or
(n) allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes are permitted uses.
(2) If a local government's existing zoning ordinance adopted pursuant to Title 76, chapter 2, before May 17, 2023, does not contain a zoning regulation that is listed as a regulation to be eliminated or reduced in subsection (1), that strategy is considered adopted by the local government.
(3) If the adoption of a housing strategy allowed in subsection (1) subsumes another housing strategy allowed in subsection (1), only one strategy may be considered to have been adopted by the local government.
History: En. Sec. 19, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 3. Zoning › 76-25-306. Zoning and annexation

76-25-306. Zoning and annexation.
(1) A municipality shall review and consider a proposed annexation in conjunction with the zoning regulations for the property to be annexed adopted pursuant to 76-25-301(1)(c) following the procedures set forth in 76-25-305.
(2) The joint public process authorized in subsection (1) fulfills the notice and public hearing requirements for a proposed annexation required in Title 7, chapter 2, parts 42 through 47.
History: En. Sec. 23, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 3. Zoning › 76-25-307. Interim zoning ordinances

76-25-307. Interim zoning ordinances.
(1) A local government, to protect the public safety, health, and welfare and without following the procedures otherwise required prior to adopting a zoning regulation, may adopt an interim zoning ordinance as an urgency measure to regulate or prohibit uses that may conflict with a zoning proposal that the governing body is considering or studying or intends to study within a reasonable time.
(2) Before adopting an interim zoning ordinance, the governing body shall first hold a public hearing upon notice reasonably designed to inform all affected parties. A notice must be published in a newspaper of general circulation at least 7 days before the public hearing.
(3) An interim zoning ordinance takes effect immediately on passage and approval after first reading and may be in effect no longer than 1 year from the date of its adoption.
(4) A local government may not act under the authority provided for in this section until the local government has adopted a land use plan and zoning regulations pursuant to this chapter.
History: En. Sec. 24, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 4. Subdivision Regulations › 76-25-401. Authority to adopt local subdivision regulations -- limitations

76-25-401. Authority to adopt local subdivision regulations -- limitations.
(1) (a) Within its respective jurisdiction, a local government shall regulate the creation of lots in substantial compliance with its adopted land use plan and zoning regulations by adopting subdivision regulations.
(b) The governing body of a county or city has the authority to adopt subdivision regulations in accordance with this part by an ordinance that substantially complies with 7-5-103 through 7-5-107.
(c) A municipality shall adopt subdivision regulations for those portions of the jurisdictional area outside the boundaries of the municipality that the governing body anticipates may be annexed into the municipality over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, subdivision regulations on property outside the municipal boundaries may not apply or be enforced until the areas are annexed or being annexed into the municipality.
(2) The subdivision regulations must provide a process for the application and consideration of subdivision exemptions, certificates of survey, preliminary plats, and final plats as necessary for the implementation of this chapter.
(3) (a) A local governing body may not require, as a condition for approval of a subdivision under this part:
(i) the payment of a fee for the purpose of providing housing for specified income levels or at specified sale prices; or
(ii) the dedication of real property for the purpose of providing housing for specified income levels or at specified sale prices.
(b) A dedication of real property prohibited in subsection (3)(a)(ii) 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.
(4) The local governing body may not change, in the subdivision regulations or in the process for subdividing, any timelines or procedural requirements for an application to subdivide other than provided for in this part.
History: En. Sec. 25, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 4. Subdivision Regulations › 76-25-409. Effect of preliminary plat approval

76-25-409. Effect of preliminary plat approval.
(1) (a) An approved or conditionally approved preliminary plat must be in effect for not more than 5 calendar years and not less than 1 calendar year.
(b) At the end of the period, the planning administrator may, at the request of the subdivider, extend the approval once by written agreement.
(c) On receipt of a request for an extension, the planning administrator shall determine whether the preliminary plat remains in substantial compliance with the zoning and subdivision regulations. If the preliminary plat is no longer in substantial compliance with the zoning or subdivision regulations, the extension may not be granted.
(d) After a preliminary plat is approved, the local government may not impose any additional conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended approval period.
(e) Any subsequent requests by the subdivider for extension of the approval must be reviewed and approved by the governing body.
(2) An approved or conditionally approved phased preliminary plat must be in effect for 20 calendar years.
History: En. Sec. 30, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 4. Subdivision Regulations › 76-25-413. Public improvements and extension of capital facilities

76-25-413. Public improvements and extension of capital facilities.
(1) Except as provided in subsections (1)(a) and (1)(c), the governing body shall require the subdivider to complete required improvements within the proposed subdivision prior to the approval of the final plat.
(a) (i) In lieu of the completion of the construction of any public improvements prior to the approval of a final plat, the governing body shall, at the subdivider's option, allow the subdivider to provide or cause to be provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to the governing body, providing for and securing the construction and installation of the improvements within a period specified by the governing body and expressed in the bonds or other security. The governing body shall reduce bond or security requirements commensurate with the completion of improvements. Failure of the local government to require the renewal of a bond does not waive the subdivider's responsibility to complete the required improvements prior to the approval of the final plat.
(ii) In lieu of requiring a bond or other means of security for the construction or installation of all the required public improvements under subsection (2)(a)(i), the governing body may enter into a subdivision improvements agreement with the subdivider that provides for an incremental payment, guarantee plan, or other method of completing the necessary improvements to serve the development as set forth in the preliminary plat approval.
(b) Approval by the governing body of a final plat prior to the completion of required improvements and without the provision of the security required under subsection (1)(a) is not an act of a legislative body for the purposes of 2-9-111.
(c) The governing body may require a percentage of improvements or specific types of improvements necessary to protect public health and safety to be completed before allowing bonding, other reasonable security, or entering into a subdivision improvements agreement for purposes of filing a final plat. The requirement is applicable to approved preliminary plats.
(2) (a) A local government may require a subdivider to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including but not limited to public roads, sewer lines, water supply lines, and storm drains to a subdivision. The costs must reasonably reflect the expected impacts directly attributable to the subdivision. A local government may not require a subdivider to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education.
(b) All fees, costs, or other money paid by a subdivider under this subsection (2) must be expended on the capital facilities for which the payments were required.
History: En. Sec. 34, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 5. Fees, Variances, Appeals, Enforcement, and Penalties › 76-25-501. Fees

76-25-501. Fees.
The governing body may establish reasonable fees to be paid by an applicant for a zoning permit, subdivision application, appeals, or any other review performed by the local government pursuant to this chapter to defray the expense of performing the review.
History: En. Sec. 36, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 5. Fees, Variances, Appeals, Enforcement, and Penalties › 76-25-502. Variances

76-25-502. Variances.
(1) All land use regulations must include a process for the submission and review of variances.
(2) The application for a variance must be for relief from land or building form design standards or subdivision design and improvement standards.
(3) Variance applications must be considered and approved or approved with conditions before application or in conjunction with application for a zoning permit or subdivision approval.
(4) The granting of a variance must meet all of the following criteria:
(a) the variance is not detrimental to public health, safety or general welfare;
(b) the variance is due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions;
(c) strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and that is not self-imposed;
(d) the variance may not cause a substantial increase in public costs; and
(e) the variance may not place the property in nonconformance with any other regulations.
(5) Additional criteria may apply if the variance is associated with a floodplain or floodway pursuant to the requirements of Title 76, chapter 5.
(6) Variance requests must be reviewed and determined by the planning administrator. The planning administrator's decision is final and no further action may be taken except as provided in 76-25-503.
History: En. Sec. 35, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 5. Fees, Variances, Appeals, Enforcement, and Penalties › 76-25-504. Enforcement and penalties

76-25-504. Enforcement and penalties.
(1) A local government may, by ordinance, establish civil penalties for violations of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter.
(2) Prior to seeking civil penalties against a property owner, a local government shall provide:
(a) written notice, by mail or hand delivery, of each ordinance violation to the address of the owner of record on file in the office of the county recorder;
(b) a reasonable opportunity to cure a noticed violation; and
(c) a schedule of the civil penalties that may be imposed on the owner for failure to cure the violation before expiration of a time certain.
(3) A local government may, in addition to other remedies provided by law, seek:
(a) an injunction, mandamus, abatement, or any other appropriate action provided for in law;
(b) proceedings to prevent, enjoin, abate, or remove an unlawful building, use, occupancy, or act; or
(c) criminal prosecution for violation of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter as a misdemeanor punishable by a fine not to exceed $500 per day for each violation.
(4) In any enforcement action taken under this section or remedy sought thereunder, the parties shall pay their own costs and attorney fees.
History: En. Sec. 38, Ch. 500, L. 2023.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-102. Ownership of certain islands and riverbeds

77-1-102. Ownership of certain islands and riverbeds.
(1) The following lands belong to the state of Montana to be held in trust for the benefit of the public schools of the state:
(a) all islands existing in the navigable streams or lakes in this state that have not been surveyed by the government of the United States; and
(b) all lands that at any time in the past constituted an island or part of an island in a navigable stream or lake.
(2) This section does not apply to lands that are occupied by and belong to riparian landowners if the lands were formed by accretions.
(3) State-owned riverbeds are public lands of the state that are held in trust for the people as provided in Article X, section 11, of the Montana constitution.
History: En. Sec. 1, Ch. 36, L. 1937; R.C.M. 1947, 81-2301; amd. Sec. 3, Ch. 371, L. 2011; amd. Sec. 2, Ch. 210, L. 2013.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-103. Administration of lands

77-1-103. Administration of lands.
(1) The board shall sell lands under 77-1-102(1) in the same manner as other school lands of the state are sold.
(2) The board may sell the lands under 77-1-102(1) or lease the lands under 77-1-102 without having them surveyed unless the board considers it to be to the best interests of the state to have the lands surveyed as in 77-1-104.
(3) The proceeds from the leasing and sale of the lands under 77-1-102 must be disposed of in the same manner as disposition is made of the proceeds from the leasing and sale of school lands of the state.
(4) The income received from the leasing, licensing, or other use of lands under 77-1-102(1) or riverbeds under 77-1-102(3) must be deposited in accordance with 17-3-1003(5).
History: En. Sec. 2, Ch. 36, L. 1937; amd. Sec. 104, Ch. 428, L. 1973; R.C.M. 1947, 81-2302; amd. Sec. 4, Ch. 371, L. 2011; amd. Sec. 36, Ch. 55, L. 2015.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-104. Survey of lands

77-1-104. Survey of lands.
If the board considers it necessary that any of the lands mentioned in 77-1-102 be surveyed, it must have the lands surveyed by the county surveyor of the county in which the lands are located. If there is no county surveyor, if the county surveyor is unable to make the survey, or if the best interests of the state require, the board shall appoint a qualified surveyor to make the surveys. The county surveyor or other surveyor appointed shall make an actual survey establishing four corners of every quarter section and connecting the same with a United States survey and within 30 days after the survey file with the county clerk and recorder of that county a copy under oath of the surveyor's field notes and plat and a certified copy of the field notes and plat with the department. For the services required in connection with the survey, the county surveyor or other surveyor appointed is entitled to fees as prescribed in 7-4-2821. The fees must be paid in the same manner as other expenses of the department.
History: En. Sec. 3, Ch. 36, L. 1937; amd. Sec. 105, Ch. 428, L. 1973; R.C.M. 1947, 81-2303; amd. Sec. 2535, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-105. Determining title

77-1-105. Determining title.
The board may take all proper proceedings for the purpose of determining the title to the beds of lakes and other bodies of water and of streams within the state and to that end may bring or defend suits or other proceedings in court or before other proper tribunals.
History: En. Sec. 14, Ch. 148, L. 1937; Sec. 81-614, R.C.M. 1947; redes. 81-2305 and amd. by Sec. 46, Ch. 428, L. 1973; R.C.M. 1947, 81-2305.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-106. Setting of rates or fees -- rules

77-1-106. (Temporary) Setting of rates or fees -- rules.
(1) In setting the lease rental rates, agreement rates, or fees for the use of state lands and cabin sites, the board shall consider the impact of the uses on the school trust asset, lessee expenses for management, water development, weed control, fire control, the term of the lease, the production capabilities, the conditions on the lease payment, and any other required expenses reasonably borne by the lessee. In setting cabin site lease rates, the board shall consider expenses that are commonly incurred by the lessees to preserve the value of the state land or to provide services commonly provided by private lessors in the area.
(2) All lease rental rates, agreement rates, and fees established by the board under 77-1-208, 77-1-802, 77-1-815, 77-6-202, 77-6-501, 77-6-502, and 77-6-507 must consider the trust asset and be in the best interests of the state with regard to the long-term productivity of the school trust lands, while optimizing the return to the school trust.
(3) The board shall comply with Title 2, chapter 4, part 3, in setting rental rates, agreement rates, and license fees pursuant to 77-1-208, 77-1-802, 77-1-815, 77-6-202, 77-6-501, 77-6-502, and 77-6-507. (Void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.)
77-1-106. (Effective on occurrence of contingency) Setting of rates or fees -- rules.
(1) In setting the lease rental rates or fees for the use of state lands and cabin sites, the board shall consider the impact of the uses on the school trust asset, lessee expenses for management, water development, weed control, fire control, the term of the lease, the production capabilities, the conditions on the lease payment, and any other required expenses reasonably borne by the lessee. In setting cabin site lease rates, the board shall consider expenses that are commonly incurred by the lessees to preserve the value of the state land or to provide services commonly provided by private lessors in the area.
(2) All lease rental rates and fees established by the board under 77-1-208, 77-1-802, 77-6-202, 77-6-501, 77-6-502, and 77-6-507 must consider the trust asset and be in the best interests of the state with regard to the long-term productivity of the school trust lands, while optimizing the return to the school trust.
(3) The board shall comply with Title 2, chapter 4, part 3, in setting rental rates and license fees pursuant to 77-1-208, 77-1-802, 77-6-202, 77-6-501, 77-6-502, and 77-6-507.
History: (1), (2)En. Sec. 13, Ch. 586, L. 1993; (3)En. Sec. 10, Ch. 586, L. 1993; amd. Sec. 3, Ch. 596, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-107. Purchase of historic easement across state land for benefit of private land

77-1-107. Purchase of historic easement across state land for benefit of private land.
If a historic easement or right-of-way for access to private land exists across state land, the person owning the private land may purchase the nonexclusive easement as a permanent, nonexclusive easement. Upon receipt of the fair market value of the easement and proof of the existence of the easement or right-of-way and the purpose and proposed purchaser's use of the nonexclusive easement, the board may sell a permanent nonexclusive easement if it is across school land or other land granted to the state for the support and benefit of a state institution and shall sell a permanent nonexclusive easement if it is across other state land.
History: En. Sec. 1, Ch. 107, L. 1999.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-109. Deposits of proceeds in trust land administration account

77-1-109. Deposits of proceeds in trust land administration account.
(1) The amount of money that is deposited into the trust land administration account established in 77-1-108 may not exceed an amount equal to 25% of distributable revenue generated in the fiscal year completed prior to the legislative session that will appropriate money for the next biennium. This excludes revenue generated by the forest improvement fee provided for in 77-5-204.
(2) (a) Subject to subsection (1), the department shall deposit into the trust land administration account the following:
(i) distributable revenue;
(ii) the proceeds or income from the sale of easements and timber, except timber from public school and Montana university system lands;
(iii) mineral royalties; and
(iv) fees collected pursuant to 77-2-328.
(b) As deposits are made, they must be identified and accounted for by trust.
(c) The department may not make deductions from interest or income generated from lands granted to the state pursuant to the Morrill Act of 1862, 7 U.S.C. 301 through 308, and the Morrill Act of 1890, 7 U.S.C. 321 through 329.
(3) After the deposits in subsection (2) have been made, the remainder of the proceeds, other than proceeds from timber from Montana university system lands, must be deposited in accordance with 17-3-1003, 18-2-107, and 20-9-341(2). Timber proceeds from university system lands must be paid over to the state treasurer, who shall deposit the money to the credit of the proper fund for use as provided in 17-3-1003.
History: En. Sec. 2, Ch. 122, L. 1999; amd. Sec. 30, Ch. 34, L. 2001; amd. Sec. 1, Ch. 420, L. 2001; amd. Sec. 2, Ch. 291, L. 2003; amd. Sec. 4, Ch. 355, L. 2003; amd. Sec. 5, Ch. 247, L. 2007; amd. Sec. 9, Ch. 465, L. 2009; amd. Sec. 7, Ch. 17, L. 2013.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-110. Written undertaking required in legal action for challenge to use or disposition of state lands

77-1-110. Written undertaking required in legal action for challenge to use or disposition of state lands.
(1) The purpose of this section is to advance the legitimate state interest in the protection of state trust assets as provided for in Article X, section 11, of the Montana constitution.
(2) In any civil action seeking an injunction or restraining order concerning a decision of the board or department approving a use or disposition of state lands that would produce revenue for any state lands trust beneficiary, the court shall require a written undertaking for the payment of damages that may be incurred by the trust beneficiary if the board or the department is wrongfully enjoined or restrained.
History: En. Sec. 1, Ch. 273, L. 1995; amd. Sec. 1, Ch. 504, L. 2001.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-111. Court actions

77-1-111. Court actions.
(1) All actions for the recovery of money due under this title or for the cancellation of leases or for the cancellation of certificates of purchase or patents or for the recovery of state lands, actions of forcible entry and detainer, actions for ejectment, and all other actions affecting any state lands are controlled, as to venue, by the provisions of the rules of civil procedure relating to the place of trial of civil actions and must be conducted by the attorney general.
(2) When requested by the attorney general, the county attorney of each county in the state shall represent the state in all foreclosure proceedings, collections of delinquent rentals, actions for trespass on state lands, and in all other state land matters that may arise in the county attorney's county. The county attorney is not entitled to charge the state any compensation for services beyond the county attorney's regular salary.
(3) The use of a ford or crossing on a navigable river or stream may not be considered a trespass.
History: (1)En. Sec. 100, Ch. 147, L. 1909; re-en. Sec. 1921, R.C.M. 1921; re-en. Sec. 1921, R.C.M. 1935; Sec. 79-1503, R.C.M. 1947; (2)En. Sec. 112, Ch. 60, L. 1927; re-en. Sec. 1805.112, R.C.M. 1935; Sec. 81-1015, R.C.M. 1947; R.C.M. 1947, 79-1503, 81-1015; amd. Sec. 2536, Ch. 56, L. 2009; amd. Sec. 6, Ch. 472, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-112. Violations classified

77-1-112. Violations classified.
(1) Any officer, employee, or representative of the state who directly or indirectly accepts any money or any other valuable thing, except the officer's, employee's, or representative's regular and lawful compensation, for performing or not performing an official act under the provisions of this title or for modifying the performance of an official act is guilty of a felony and is punishable as provided in 77-1-115.
(2) Any officer, employee, or representative of the state who knowingly and willfully makes any false classification or appraisal of any state land or of any land offered the state for sale or offered as security for a loan from the state or who falsely classifies or scales any timber on state lands or from state lands or any timber in which the state is interested or who knowingly and willfully makes any false report of any classification or appraisal or scaling is guilty of a felony and is punishable as provided in 77-1-115.
(3) (a) Any officer, employee, or representative of the state who otherwise violates any of the provisions of this title:
(i) is guilty of a felony if the violation results in a loss to the state of $1,000 or more; or
(ii) is guilty of a misdemeanor if the violation results in a loss to the state of less than $1,000 or in no pecuniary loss.
(b) The punishment shall be as provided in 77-1-115.
History: (1), (2)En. Sec. 118, Ch. 60, L. 1927; re-en. Sec. 1805.118, R.C.M. 1935; Sec. 81-1111, R.C.M. 1947; (3)En. Sec. 106, Ch. 147, L. 1909; re-en. Sec. 1927, R.C.M. 1921; re-en. Sec. 1927, R.C.M. 1935; Sec. 79-1504, R.C.M. 1947; R.C.M. 1947, 79-1504, 81-1111; amd. Sec. 1, Ch. 15, L. 1979; amd. Sec. 2537, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 1. Administration of State Lands › Part 1. General Provisions › 77-1-113. Restrictions on who may buy or lease state lands

77-1-113. Restrictions on who may buy or lease state lands.
It is unlawful for any member of the board, any person appraising lands or in the employ of the state for the selection, classification, appraisal, sale, or leasing of any state lands or the timber on state lands, or any officer or employee of the department to purchase or lease, directly or indirectly, any state lands or any timber on state lands.
History: En. Sec. 117, Ch. 60, L. 1927; re-en. Sec. 1805.117, R.C.M. 1935; amd. Sec. 75, Ch. 428, L. 1973; R.C.M. 1947, 81-1110; amd. Sec. 2, Ch. 15, L. 1979; amd. Sec. 314, Ch. 418, L. 1995.