Bill Summary – FastDemocracy

67th Legislature                                                                                                    HB 259.1
                                                    HOUSE BILL NO. 259
                                                INTRODUCED BY S. VINTON
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   A BILL FOR AN ACT ENTITLED: “AN ACT PROHIBITING A LOCAL GOVERNMENT FROM REQUIRING
   HOUSING FEES OR THE DEDICATION OF REAL PROPERTY FOR THE PURPOSES OF PROVIDING
   HOUSING FOR SPECIFIED INCOME LEVELS OR SALE PRICES; PROHIBITING ZONING REGULATIONS
   THAT REQUIRE HOUSING FEES OR THE DEDICATION OF REAL PROPERTY FOR THE PURPOSES OF
   PROVIDING HOUSING FOR SPECIFIED INCOME LEVELS OR SALE PRICES; AMENDING SECTIONS 7-2-
   4203, 76-2-203, AND 76-2-302, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.        Housing fees and dedication of real property prohibited. (1) A local
   governing body may not adopt a resolution under this part that includes a requirement to:
              (a)   pay a fee for the purpose of providing housing for specified income levels or at specified sale
   prices; or
              (b)   dedicate real property for the purpose of providing housing for specified income levels or at
   specified sale prices.
              (2)   A dedication of real property as prohibited in subsection (1)(b) 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.
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              NEW SECTION. Section 2.        Housing fees and dedication of real property prohibited. (1) A local
   governing body may not require, as a condition for approval of a subdivision under this part:
              (a)   the payment of a fee for the purpose of providing housing for specified income levels or at
   specified sale prices; or
              (b)   the dedication of real property for the purpose of providing housing for specified income levels or
   at specified sale prices.
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67th Legislature                                                                                                    HB 259.1
              (2)   A dedication of real property as prohibited in subsection (1)(b) 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.
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              Section 3. Section 7-2-4203, MCA, is amended to read:
              "7-2-4203.   Imposition of conditions for approval of addition. (1) The council has power by
   ordinance to compel the owners of these additions to lay out streets, avenues, and alleys, so as to have the
   same that correspond in width and direction and be are continuations of the streets, avenues, and alleys in the
   city or town or in the addition thereto contiguous to or near the proposed addition.
              (2)   The owner of any addition has no rights or privileges unless the owner complies with the terms
   and conditions of the ordinance are complied with and the plat thereof has been submitted to and, approved by,
   and endorsed by the mayor and council and such approval endorsed thereon.
              (3)   The council may not compel the owner of an addition to:
              (a)   pay a fee for the purpose of providing housing for specified income levels or at specified sale
   prices; or
              (b)   dedicate real property for the purpose of providing housing for specified income levels or at
   specified sale prices.
              (4)   A dedication of real property as prohibited in subsection (3)(b) 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."
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              Section 4. Section 76-2-203, MCA, is amended to read:
              "76-2-203.   Criteria and guidelines for zoning regulations. (1) Zoning regulations must be:
              (a)   made in accordance with the growth policy; and
              (b)   designed to:
              (i) secure safety from fire and other dangers;
              (ii) promote public health, public safety, and general welfare; and
              (iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other
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67th Legislature                                                                                                      HB 259.1
   public requirements.
              (2)   In the adoption of zoning regulations, the board of county commissioners shall consider:
              (a)   reasonable provision of adequate light and air;
              (b)   the effect on motorized and nonmotorized transportation systems;
              (c)   compatible urban growth in the vicinity of cities and towns that at a minimum must include the
   areas around municipalities;
              (d)   the character of the district and its peculiar suitability for particular uses; and
              (e)   conserving the value of buildings and encouraging the most appropriate use of land throughout
   the jurisdictional area.
              (3)   Zoning regulations must, as nearly as possible, be made compatible with the zoning ordinances of
   nearby municipalities.
              (4)   Zoning regulations may not include a requirement to:
              (a)   pay a fee for the purpose of providing housing for specified income levels or at specified sale
   prices; or
              (b)   dedicate real property for the purpose of providing housing for specified income levels or at
   specified sale prices.
              (5)   A dedication of real property as prohibited in subsection (4)(b) 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."
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              Section 5. Section 76-2-302, MCA, is amended to read:
              "76-2-302.    Zoning districts. (1) For the purposes of 76-2-301, the local city or town council or other
   legislative body may divide the municipality into districts of the number, shape, and area as are considered best
   suited to carry out the purposes of this part. Within the districts, it may regulate and restrict the erection,
   construction, reconstruction, alteration, repair, or use of buildings, structures, or land.
              (2)   All regulations must be uniform for each class or kind of buildings throughout each district, but the
   regulations in one district may differ from those in other districts.
              (3)   In a proceeding for a permit or variance to place manufactured housing within a residential zoning
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67th Legislature                                                                                                       HB 259.1
   district, there is a rebuttable presumption that placement of a manufactured home will not adversely affect
   property values of conventional housing.
              (4)   As used in this section, "manufactured housing" means a single-family dwelling, 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.
              (5)   This section may not be construed to limit conditions imposed in historic districts, local design
   review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part
   2.
              (6)   Zoning regulations may not include a requirement to:
              (a)   pay a fee for the purpose of providing housing for specified income levels or at specified sale
   prices; or
              (b)   dedicate real property for the purpose of providing housing for specified income levels or at
   specified sale prices.
              (7)   A dedication of real property as prohibited in subsection (6)(b) 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."
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              NEW SECTION. Section 6.         Codification instruction. (1)     [Section 1] is intended to be codified as
   an integral part of Title 76, chapter 2, part 1, and the provisions of Title 76, chapter 2, part 1, apply to [section
   1].
              (2)   [Section 2] is intended to be codified as an integral part of Title 76, chapter 3, part 5, and the
   provisions of Title 76, chapter 3, part 5, apply to [section 2].
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              NEW SECTION. Section 7.         Effective date. [This act] is effective on passage and approval.
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Statutes affected: 
HB0259_1.pdf: 7-2-4203, 76-2-203, 76-2-302
HB0259_X.pdf: 7-2-4203, 76-2-203, 76-2-302
Enrolled: 7-2-4203, 76-2-203, 76-2-302
Introduced: 7-2-4203, 76-2-203, 76-2-302