Bill Summary – FastDemocracy

****
68th Legislature 2023                                                                                          SB 382.1
                                               SENATE BILL NO. 382
   INTRODUCED BY F. MANDEVILLE, D. FERN, S. VINTON, M. BERTOGLIO, L. BREWSTER, M. HOPKINS, E.
                                 BOLDMAN, G. HERTZ, C. FRIEDEL, J. KARLEN
  4
  A BILL FOR AN ACT ENTITLED: “AN ACT CREATING THE MONTANA LAND USE PLANNING ACT;
  REQUIRING COUNTIES AND CITES THAT MEET CERTAIN POPULATION THRESHOLDS TO UTILIZE THE
  LAND USE PLAN, MAP, ZONING REGULATIONS, AND SUBDIVISION REGULATIONS PROVIDED IN THE
  ACT; REQUIRING PUBLIC PARTICIPATION DURING THE DEVELOPMENT, ADOPTION, OR AMENDMENT
  OF A LAND USE PLAN, MAP, ZONING REGULATION, OR SUBDIVISION REGULATION; PROVIDING
  STRATEGIES TO MEET POPULATION PROJECTIONS; PROVIDING FOR CONSIDERATION OF FACTORS
  SUCH AS HOUSING, LOCAL FACILITIES, ECONOMIC DEVELOPMENT, NATURAL RESOURCES,
  ENVIRONMENT, AND NATURAL HAZARDS WHEN DEVELOPING A LAND USE PLAN, MAP, AND ZONING
  REGULATION; PROVIDING FOR A PROCEDURE TO REVIEW SUBDIVISIONS AND APPROVE FINAL
  PLATS; PROVIDING FOR A LOCAL GOVERNING BODY TO COLLECT FEES; PROVIDING AN APPEALS
  PROCESS, ENFORCEMENT MECHANISMS, AND PENALTIES; PROVIDING DEFINITIONS; REPEALING
  SECTIONS 7-21-1001, 7-21-1002, AND 7-21-1003, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE
  DATE AND AN APPLICABILITY DATE.”
 18
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 20
          NEW SECTION. Section 1.        Short Title. [Sections 1 through 37] may be cited as the "Montana Land
  Use Planning Act".
 23
          NEW SECTION. Section 2.        Legislative purpose, findings, and intent. (1) It is the purpose of
  [sections 1 through 37] 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, economic efficiency in public services
  and infrastructure, protection of the environment, natural resources, and recreation, and a diversified and
  sustainable economy.
                                                              -1-                     Authorized Print Version – SB 382
****
68th Legislature 2023                                                                                               SB 382.1
          (2)      The legislature finds that coordinated and planned growth within cities and counties will
  encourage, support, and protect:
          (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 [sections 1 through
  37]:
          (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.
                                                                -2-                      Authorized Print Version – SB 382
****
68th Legislature 2023                                                                                               SB 382.1
  1
          NEW SECTION. Section 3.          Definitions. As used in [sections 1 through 37], unless the context or
  subject matter clearly requires otherwise, the following definitions apply:
          (1)      "Aggrieved party" means a person who can demonstrate a specific personal and legal interest,
  as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the
  decision.
          (2)      "Applicant" means a person who seeks a land use permit or other approval of a development
  proposal.
          (3)      “Built environment” means man-made or modified structures that provide people with living,
  working, and recreational spaces.
          (4)      “Cash-in-lieu donation" is the amount equal to the fair market value of unsubdivided,
  unimproved land.
          (5)      "Certificate of survey" means a drawing of a field survey prepared by a registered surveyor for
  the purpose of disclosing facts pertaining to boundary locations.
          (6)      "Dedication" means the deliberate appropriation of land by an owner for any general and public
  use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the
  public use to which the property has been devoted.
          (7)      "Division of land" means the segregation of one or more parcels of land from a larger tract held
  in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly
  filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to
  [sections 1 through 37]. The conveyance of a tract of record or an entire parcel of land that was created by a
  previous division of land is not a division of land.
          (8)      "Dwelling unit" means a residential structure in which a person or persons reside.
          (9)      “Examining land surveyor" means a registered land surveyor appointed by the governing body
  to review surveys and plats submitted for filing.
          (10)     "Final plat" means the final drawing of the subdivision and dedication required by [sections 1
  through 37] to be prepared for filing for record with the county clerk and recorder and containing all elements
  and requirements set forth in [sections 1 through 37] and in regulations adopted pursuant to [sections 1 through
                                                                -3-                      Authorized Print Version – SB 382
****
68th Legislature 2023                                                                                              SB 382.1
  37].
          (11)     “Land use permit” means an authorization to complete development in conformance with an
  application approved by the local government.
          (12)     “Land use plan” means the land use plan and future land use map adopted in accordance with
  [sections 1 through 37].
          (13)     “Land use regulations” means zoning, zoning map, subdivision, or other land use regulations
  authorized by state law.
          (14)     “Local governing body” or "governing body" means the elected body responsible for the
  administration of a local government.
          (15)     “Local government” means a county, consolidated city-county, or an incorporated municipality
  to which the provisions of [sections 1 through 37] apply.
          (16)     "Manufactured housing" means a dwelling for a single household, built offsite in a factory on or
  after January 1, 1990, that is placed on a permanent foundation, is at least 1,000 square feet in size, has a
  pitched roof and siding and roofing materials that are customarily, as defined by local regulations, used on site-
  built homes, and is in compliance with the applicable prevailing standards of the United States department of
  housing and urban development at the time of its production. A manufactured home does not include a mobile
  home or housetrailer, as defined in 15-1-101.
          (17)     “Ministerial permit” means a permit granted upon a determination that a proposed project
  complies with the zoning map and the established standards set forth in the zoning regulations. The
  determination must be based on objective standards, involving little or no personal judgment, and must be
  issued by the planning administrator.
          (18)     “Planning administrator” means the person designated by the local governing body to review,
  analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other
  development applications as required in [sections 1 through 37].
          (19)     "Plat" means a graphical representation of a subdivision showing the division of land into lots,
  parcels, blocks, streets, alleys, and other divisions and dedications.
          (20)     "Preliminary plat" means a neat and scaled drawing of a proposed subdivision showing the
  layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a
                                                               -4-                      Authorized Print Version – SB 382
****
68th Legislature 2023                                                                                            SB 382.1
  governing body.
             (21)   "Public utility" has the meaning provided in 69-3-101, except that for the purposes of [sections
  1 through 37], the term includes a county water or sewer district as provided for in Title 7, chapter 13, parts 22
  and 23, and municipal sewer or water systems and municipal water supply systems established by the
  governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44.
             (22)   "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision
  of land.
             (23)   "Subdivision" means a division of land or land so divided that it creates one or more parcels
  containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States
  government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise
  transferred and includes any resubdivision and a condominium. The term also means an area, regardless of its
  size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or
  mobile homes will be placed.
             (24)   "Subdivision guarantee" means a form of guarantee that is approved by the commissioner of
  insurance and is specifically designed to disclose the information required in [section 33].
             (25)   "Tract of record" means an individual parcel of land, irrespective of ownership, that can be
  identified by legal description, independent of any other parcel of land, using documents on file in the records of
  the county clerk and recorder's office.
 19
             NEW SECTION. Section 4.        Planning commission. (1) (a) Each local government shall establish, by
  ordinance or resolution, a planning commission.
             (b)    Any combination of local governments may create a multi-jurisdiction planning commission or
  join an existing commission pursuant to an interlocal agreement.
             (c)    (i) Any combination of legally authorized planning boards, zoning commissions, planning and
  zoning commissions, or boards of adjustment existing prior to [the effective date of this act] may be considered
  duly constituted under [sections 1 through 37] as a planning commission by agreement of the governing bodies
  of each jurisdiction represented on the planning commission.
             (ii)   If more than one legally authorized planning board, zoning commission, or planning and zoning
                                                               -5-                     Authorized Print Version – SB 382
****
68th Legislature 2023                                                                                            SB 382.1
  commission exists within a jurisdiction, the governing bodies of each jurisdiction may agree to:
          (A)       designate, combine, consolidate, or modify one or more of the authorized boards or
  commissions as the planning commission; or
          (B)       create a new planning commission pursuant to this section and disband the existing boards
  and commissions.
          (2)       (a) (i) Each planning commission must consist of an odd number of no fewer than three voting
  members who are confirmed by majority vote of each local governing body.
          (ii)      Each jurisdiction must be equally represented in the membership of a multi-jurisdiction planning
  commission.
          (b)       The planning commission shall meet at least once every 6 months.
          (c)       Minutes must be kept of all meetings of the planning commission and all meetings and records
  must be open to the public.
          (d)       A majority of currently appointed voting members of the planning commission constitutes a
  quorum. A quorum must be present for the planning commission to take official action. A favorable vote of at
  least a majority of the quorum is required to authorize an action at a regular or properly called special meeting.
          (e)       The ordinance, resolution, or interlocal agreement creating the planning commission must set
  forth the requirements for appointments, terms, qualifications, removal, vacancies, meetings, notice of
  meetings, officers, reimbursement of costs, bylaws, or any other requirement determined necessary by the local
  governing body.
          (3)       (a) Except as set forth in subsection (3)(b), the planning commission shall review and make
  recommendations to the local governing body regarding the development, adoption, amendment, review, and
  approval or denial of the following documents:
          (i)       the land use plan and future land use map as provided in [section 7];
          (ii)      zoning regulations and map as provided in [sections 18 through 24];
          (iii)     subdivision regulations as provided in [sections 25 through 33]; and
          (iv)      any other legislative land use planning document the local governing body designates.
          (b)       In accordance with [section 36], the planning commission shall hear and decide appeals from
  any site-specific land use decisions made by the planning administrator pursuant to the adopted regulations
                                                              -6-                      Authorized Print Version – SB 382
****
68th Legislature 2023                                                                                                 SB 382.1
  described in subsection (3)(a). Decisions of the planning commission may be appealed to the local governing
  body as provided in [section 36].
          (4)      The planning commission may be funded pursuant to 76-1-403 and 76-1-404.
  4
          NEW SECTION. Section 5.          Applicability and compliance. (1) A county with a population at or
  exceeding 70,000 in the most recent decennial census shall comply with the provisions of [sections 1 through
  37].
          (2)      A municipality within a county identified in subsection (1) with a population at or exceeding
  5,000 in the most recent decennial census shall comply with the provisions of [sections 1 through 37].
          (3)      (a) Except as provided in subsection (3)(b), any local government that meets the population
  thresholds of subsections (1) or (2) on [the effective date of this act] shall comply with the provisions of
  [sections 1 through 37] within 3 years of [the effective date of this act].
          (b)      A local government that has adopted a growth policy within 5 years prior to [the effective date
  of this act] shall comply with the provisions of [sections 1 through 37] within 5 years of the date that the growth
  policy was adopted or within the deadline established in subsection (3)(a), whichever occurs later.
          (c)      A local government that meets the population thresholds of subsections (1) or (2) on any
  decennial census completed after [the effective date of this act] shall comply with the provisions of [sections 1
  through 37] by December 31 of the fifth year after the date of the decennial census.
          (4)      (a) A local government that does not meet the population thresholds set forth in subsections (1)
  or (2) may decide to comply with the provisions of [sections 1 through 37] by an affirmative vote of the local
  governing body. After an affirmative vote, the governing body shall comply with the provisions of [sections 1
  through 37] by December 31 of the fifth year after the date of the vote.
          (b)      A local government that votes pursuant to subsection (4)(a) to comply with the provisions of
  [sections 1 through 37] may subseque