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68th Legislature 2023 SB 301.1
1 SENATE BILL NO. 301
2 INTRODUCED BY G. HERTZ, M. BERTOGLIO, S. FITZPATRICK, C. SPRUNGER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATING TO REAL PROPERTY AND
5 REGULATIONS; PROVIDING THAT CERTAIN CONSTRUCTION IS GRANDFATHERED; AND PROVIDING
6 AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.”
7
8 WHEREAS, Article II, section 3, of the Montana Constitution creates a fundamental right to acquire,
9 possess, and protect property; and
10 WHEREAS, a local government reviewing authority or the state has had ample opportunity to initiate an
11 enforcement action prior to January 1, 2023, if the local government reviewing authority or the state believes
12 the lakeshore or aquatic life is being threatened by historical structures located within the lakeshore protection
13 zone area.
14
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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17 NEW SECTION. Section 1. Lakeshore protection zone grandfathered -- exemptions from future
18 permitting -- retroactive applicability. (1) For the purposes of the implementation and enforcement of
19 lakeshore regulations adopted pursuant to 75-7-207, any boat ramp, boat house, boat shore station, boat rail
20 system, dock system, pier, wharf, retaining wall, road, or other structure located within the lakeshore protection
21 zone on or before January 1, 2023, is considered to be grandfathered for the purposes of compliance with the
22 regulations unless the item is the subject of a current, active, and documented enforcement action by a local
23 government reviewing authority or the state.
24 (2) Ongoing maintenance, remodeling, or minor modifications to the items set forth in subsection
25 (1) are exempt from lakeshore protection zone review unless the activity involves significant excavation,
26 dredging, or in-fill of material. For the purposes of this subsection, a minor modification is a change to the items
27 set forth in subsection (1) that is less than $10,000.
28 (3) Nothing in this section may be construed to prevent the local government reviewing authority or
-1- Authorized Print Version – SB 301
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68th Legislature 2023 SB 301.1
1 the state from compensating a property owner to remove or alter any of the items in subsection (1) if the local
2 government reviewing authority or the state believes it is in the best interests of lakeshore protection and
3 aquatic life.
4
5 NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an
6 integral part of Title 75, chapter 7, part 2, and the provisions of Title 75, chapter 7, part 2, apply to [section 1].
7
8 NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.
9
10 NEW SECTION. Section 4. Retroactive applicability. [This act] applies retroactively, within the
11 meaning of 1-2-109, to lakeshore regulations adopted and property items constructed prior to January 1, 2023.
12 - END -
-2- Authorized Print Version – SB 301