The bill aims to revise zoning laws in Montana by emphasizing the principle that the free use of property should be favored in cases of ambiguity regarding land use or nonconforming uses. It introduces new legal language that mandates any uncertainty about whether a nonconforming use is allowed or was permitted at its inception to be interpreted in favor of property owners. Additionally, the bill removes the exception that allowed historic preservation boards to review applications for zoning permits and variances, thereby streamlining the process for local governments to manage zoning regulations without external board oversight.

Key amendments include changes to several sections of the Montana Code Annotated (MCA), specifically sections 76-2-105, 76-2-113, 76-2-208, 76-2-210, 76-2-302, 76-2-308, and 76-25-301. These amendments clarify the enforcement and interpretation of zoning provisions, ensuring that any ambiguity in zoning regulations is resolved in favor of property use. The bill also establishes that local governments can regulate land use while allowing for the continuation of nonconforming uses that were legal prior to the adoption of new zoning regulations, reinforcing the protection of property rights.

Statutes affected:
LC Text: 76-2-105, 76-2-113, 76-2-208, 76-2-210, 76-2-302, 76-2-308, 76-25-301
SB0214_1(1): 76-2-105, 76-2-113, 76-2-208, 76-2-210, 76-2-302, 76-2-308, 76-25-301
SB0214_1(2): 76-2-105, 76-2-113, 76-2-208, 76-2-210, 76-2-302, 76-2-308, 76-25-301
SB0214_1(3): 76-2-105, 76-2-113, 76-2-208, 76-2-210, 76-2-302, 76-2-308, 76-25-301
SB0214_1: 76-2-105, 76-2-113, 76-2-208, 76-2-210, 76-2-302, 76-2-308, 76-25-301