Bill Summary – FastDemocracy

67th Legislature                                                                                                        HB 528.1
                                                     HOUSE BILL NO. 528
                                                INTRODUCED BY J. DOOLING
  3
   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING PLANNING, ZONING, AND
   SUBDIVISION REGULATION LAWS; PROVIDING ADDITIONAL GROWTH POLICY AND ZONING
   REGULATION CRITERIA AND ELEMENTS; REQUIRING ADDITIONAL PUBLIC INPUT BEFORE A HEARING
   ON THE ADOPTION OF ZONING REGULATIONS; PROVIDING ADDITIONAL CRITERIA THAT A LOCAL
   GOVERNING BODY SHALL CONSIDER WHEN ADOPTING SUBDIVISION REGULATIONS; SUPERSEDING
   THE UNFUNDED MANDATE LAWS; AMENDING SECTIONS 76-1-102, 76-1-103, 76-1-601, 76-2-203, 76-2-
   205, 76-2-216, 76-3-103, 76-3-501, 76-3-511, AND 76-8-101, MCA; AND PROVIDING AN IMMEDIATE
   EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.”
 12
   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 14
              Section 1. Section 76-1-102, MCA, is amended to read:
              "76-1-102.    Purpose. (1) It is the object of this chapter to encourage local units of government to
   improve the present health, safety, convenience, and welfare of their citizens and to plan for the future
   development of their communities to the end that highway systems be carefully planned; that new community
   centers grow only with adequate highway, utility, health, educational, and recreational facilities; that the needs
   of agriculture, industry, and business be recognized in future growth; that residential areas provide healthy
   surroundings for family life; and that the growth of the community be commensurate with and promotive of the
   efficient and economical use of public funds; and that property rights and individual preferences for housing and
   land use are respected.
              (2)   In accomplishing this objective, it is the intent of this chapter that the planning board shall serve in
   an advisory capacity to presently established boards and officials."
 26
              Section 2. Section 76-1-103, MCA, is amended to read:
              "76-1-103.    Definitions. As used in this chapter, the following definitions apply:
                                                                    -1-                      Authorized Print Version – HB 528
67th Legislature                                                                                                    HB 528.1
              (1)   "Best evidence" means evidence that provides the best empirically based explanatory power, the
   most compelling, equitable argument, and the least bias.
              (2)   "City" includes incorporated cities and towns.
              (2)(3)   "City council" means the chief legislative body of a city or incorporated town.
              (3)(4)   "Governing body" or "governing bodies" means the governing body of any governmental unit
   represented on a planning board.
              (4)(5)   "Growth policy" means a comprehensive development plan, master plan, or comprehensive
   plan that was adopted pursuant to this chapter before October 1, 1999, or a policy that was adopted pursuant to
   this chapter on or after October 1, 1999.
              (5)(6)   "Land use management techniques and incentives" include but are not limited to zoning
   regulations, subdivision regulations, and market incentives.
              (6)(7)   "Market incentives" may include but are not limited to an expedited subdivision review process
   authorized by 76-3-609, reductions in parking requirements, and a sliding scale of development review fees.
              (7)(8)   "Mayor" means mayor of a city.
              (8)(9)   "Neighborhood plan" means a plan for a geographic area within the boundaries of the
   jurisdictional area that addresses one or more of the elements of the growth policy in more detail.
              (9)(10) "Person" means any individual, firm, or corporation.
              (10)(11) "Planning board" means a city planning board, a county planning board, or a joint city-county
   planning board.
              (11)(12) "Plat" means a subdivision of land into lots, streets, and areas, marked on a map or plan, and
   includes replats or amended plats.
              (13) "Property right" means the interest of an individual to use their property to the highest and best
   use, provided that it does not materially interfere with public health, safety, or welfare.
              (12)(14) "Public place" means any tract owned by the state or its subdivisions.
              (13)(15) "Streets" includes streets, avenues, boulevards, roads, lanes, alleys, and all public ways.
              (14)(16) "Utility" means any facility used in rendering service that the public has a right to demand."
 27
              Section 3. Section 76-1-601, MCA, is amended to read:
                                                                   -2-                     Authorized Print Version – HB 528
67th Legislature                                                                                                     HB 528.1
              "76-1-601.    Growth policy -- contents. (1) A growth policy may cover all or part of the jurisdictional
   area.
              (2)   The extent to which a growth policy addresses the elements listed in subsection (3) is at the full
   discretion of the governing body.
              (3)   A growth policy must include:
              (a)   community goals and objectives;
              (b)   maps and text describing an inventory of the existing characteristics and features of the
   jurisdictional area, including:
              (i)   land uses;
              (ii) population;
              (iii) housing needs;
              (iv) economic conditions;
              (v)   local services;
              (vi) public facilities;
              (vii) natural resources;
              (viii) sand and gravel resources; and
              (ix) housing affordability;
              (x)   housing preferences;
              (xi) potential economic and social impact of land use regulations and growth patterns on various types
   of businesses;
              (xii) potential impact of growth and land use regulations on property rights;
              (xiii) an analysis of current lot sizes and their potential to be subdivided or developed;
              (xiv) an analysis of the economic impact of various density requirements in cities and unincorporated
   areas;
              (xv) discussion of a regulatory approach that will least interfere with property use and value while still
   achieving necessary regulatory goals; and
              (ix)(xvi) other characteristics and features proposed by the planning board and adopted by the
   governing bodies;
                                                                  -3-                      Authorized Print Version – HB 528
67th Legislature                                                                                                      HB 528.1
              (c)   projected trends for the life of the growth policy for each of the following elements:
              (i)   land use;
              (ii) population;
              (iii) housing needs;
              (iv) economic conditions;
              (v)   local services;
              (vi) natural resources; and
              (vii) other elements proposed by the planning board and adopted by the governing bodies;
              (d)   a description of policies, regulations, and other measures to be implemented in order to achieve
   the goals and objectives established pursuant to subsection (3)(a);
              (e)   a strategy for development, maintenance, and replacement of public infrastructure, including
   drinking water systems, wastewater treatment facilities, sewer systems, solid waste facilities, fire protection
   facilities, roads, and bridges;
              (f)   an implementation strategy that includes:
              (i)   a timetable for implementing the growth policy;
              (ii) a list of conditions that will lead to a revision of the growth policy; and
              (iii) a timetable for reviewing the growth policy at least once every 5 years and revising the policy if
   necessary;
              (g)   a statement of how the governing bodies will coordinate and cooperate with other jurisdictions that
   explains:
              (i)   if a governing body is a city or town, how the governing body will coordinate and cooperate with the
   county in which the city or town is located on matters related to the growth policy;
              (ii) if a governing body is a county, how the governing body will coordinate and cooperate with cities
   and towns located within the county's boundaries on matters related to the growth policy;
              (h)   a statement explaining how the governing bodies will:
              (i)   define the criteria in 76-3-608(3)(a); and
              (ii) evaluate and make decisions regarding proposed subdivisions with respect to the criteria in 76-3-
   608(3)(a);
                                                                      -4-                     Authorized Print Version – HB 528
67th Legislature                                                                                                         HB 528.1
              (i)   a statement explaining how public hearings regarding proposed subdivisions will be conducted;
   and
              (j)   an evaluation of the potential for fire and wildland fire in the jurisdictional area, including whether or
   not there is a need to:
              (i)   delineate the wildland-urban interface; and
              (ii) adopt regulations requiring:
              (A) (i)     defensible space around structures;
              (B) (ii)    adequate ingress and egress to and from structures and developments to facilitate fire
   suppression activities; and
              (C) (iii)    adequate water supply for fire protection;
              (k)   an analysis of how the evidence presented in the growth plan is the best evidence available and
   how future growth plans will explicitly consider alternative evidence;
              (l)   an analysis of how potential changes may manifest with regard to land use regulations and growth
   management practices discussed in growth policy; and
              (m)       a broad social, economic, and environmental analysis of the potential immediate and indirect
   impacts of implementing the growth policy.
              (4)   A growth policy may:
              (a)   include one or more neighborhood plans. A neighborhood plan must be consistent with the growth
   policy.
              (b)   establish minimum criteria defining the jurisdictional area for a neighborhood plan;
              (c)   establish an infrastructure plan that, at a minimum, includes:
              (i)   projections, in maps and text, of the jurisdiction's growth in population and number of residential,
   commercial, and industrial units over the next 20 years;
              (ii) for a city, a determination regarding if and how much of the city's growth is likely to take place
   outside of the city's existing jurisdictional area over the next 20 years and a plan of how the city will coordinate
   infrastructure planning with the county or counties where growth is likely to take place;
              (iii) for a county, a plan of how the county will coordinate infrastructure planning with each of the cities
   that project growth outside of city boundaries and into the county's jurisdictional area over the next 20 years;
                                                                     -5-                      Authorized Print Version – HB 528
67th Legislature                                                                                                          HB 528.1
              (iv) for cities, a land use map showing where projected growth will be guided and at what densities
   within city boundaries;
              (v)   for cities and counties, a land use map that designates infrastructure planning areas adjacent to
   cities showing where projected growth will be guided and at what densities;
              (vi) using maps and text, a description of existing and future public facilities necessary to efficiently
   serve projected development and densities within infrastructure planning areas, including, whenever feasible,
   extending interconnected municipal street networks, sidewalks, trail systems, public transit facilities, and other
   municipal public facilities throughout the infrastructure planning area. For the purposes of this subsection
   (4)(c)(vi), public facilities include but are not limited to drinking water treatment and distribution facilities, sewer
   systems, wastewater treatment facilities, solid waste disposal facilities, parks and open space, schools, public
   access areas, roads, highways, bridges, and facilities for fire protection, law enforcement, and emergency
   services;
              (vii) a description of proposed land use management techniques and incentives that will be adopted to
   promote development within cities and in an infrastructure planning area, including land use management
   techniques and incentives that address issues of housing affordability;
              (viii) a description of how and where projected development inside municipal boundaries for cities and
   inside designated joint infrastructure planning areas for cities and counties could adversely impact:
              (A)   threatened or endangered wildlife and critical wildlife habitat and corridors;
              (B)   water available to agricultural water users and facilities;
              (C)   the ability of public facilities, including schools, to safely and efficiently service current residents
   and future growth;
              (D)   a local government's ability to provide adequate local services, including but not limited to
   emergency, fire, and police protection;
              (E)   the safety of people and property due to threats to public health and safety, including but not
   limited to wildfire, flooding, erosion, water pollution, hazardous wildlife interactions, and traffic hazards;
              (F)   natural resources, including but not limited to forest lands, mineral resources, sand and gravel
   resources, streams, rivers, lakes, wetlands, and ground water; and
              (G)   agricultural lands and agricultural production; and
                                                                     -6-                      Authorized Print Version – HB 528
67th Legislature                                                                                                      HB 528.1
              (ix) a description of measures, including land use management techniques and incentives, that will be
   adopted to avoid, significantly reduce, or mitigate the adverse impacts identified under subsection (4)(c)(viii).
              (d)   include any elements required by a federal land management agency in order for the governing
   body to establish coordination or cooperating agency status as provided in 76-1-607.
              (5)   The planning board may propose and the governing bodies may adopt additional elements of a
   growth policy in order to fulfill the purpose of this chapter."
  7
              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
   public requirements; and
              (iv) allow a property owner to use and enhance the value of property with limited interference while still
   considering the public good.
              (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 and use of buildings and land and encouraging the most appropriate use of
   land throughout the jurisdictional area;
              (f)   property rights and the impact of zoning regulations on property values and use;
              (g)   the broad social, economic, and environmental impact of specific zoning and land use regulations;
   and
                                                                     -7-                       Authorized Print Version – HB 528
67th Legislature                                                                                                      HB 528.1
              (h)   the regulatory burden of land use and zoning regulations on business and property value and use.
              (3)   Zoning regulations must, as nearly as possible, be made compatible with the zoning ordinances of
   nearby municipalities."
  4
              Section 5. Section 76-2-205, MCA, is amended to read:
  6