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68th Legislature 2023 SB 407.1
1 SENATE BILL NO. 407
2 INTRODUCED BY S. MORIGEAU, E. BOLDMAN, M. DUNWELL, G. HERTZ
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING MUNICIPAL ZONING LAWS; PROHIBITING A
5 MUNICIPALITY FROM USING AN EXTERNAL BOARD WHEN REVIEWING PERMITS OR VARIANCES; AND
6 AMENDING SECTION 76-2-302, MCA.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10 Section 1. Section 76-2-302, MCA, is amended to read:
11 "76-2-302. Zoning districts. (1) For the purposes of 76-2-301, the local city or town council or other
12 legislative body may divide the municipality into districts of the number, shape, and area as are considered best
13 suited to carry out the purposes of this part. Within the districts, it may regulate and restrict the erection,
14 construction, reconstruction, alteration, repair, or use of buildings, structures, or land.
15 (2) All regulations must be uniform for each class or kind of buildings throughout each district, but
16 the regulations in one district may differ from those in other districts.
17 (3) In a proceeding for a permit or variance to place manufactured housing within a residential
18 zoning district, there is a rebuttable presumption that placement of a manufactured home will not adversely
19 affect property values of conventional housing.
20 (4) As used in this section, "manufactured housing" means a single-family dwelling, built offsite in a
21 factory on or after January 1, 1990, that is placed on a permanent foundation, is at least 1,000 square feet in
22 size, has a pitched roof and siding and roofing materials that are customarily, as defined by local regulations,
23 used on site-built homes, and is in compliance with the applicable prevailing standards of the United States
24 department of housing and urban development at the time of its production. A manufactured home does not
25 include a mobile home or housetrailer, as defined in 15-1-101.
26 (5) This section may not be construed to limit conditions imposed in historic districts, local design
27 review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part
28 2.
-1- Authorized Print Version – SB 407
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68th Legislature 2023 SB 407.1
1 (6) Zoning regulations may not include a requirement to:
2 (a) pay a fee for the purpose of providing housing for specified income levels or at specified sale
3 prices; or
4 (b) dedicate real property for the purpose of providing housing for specified income levels or at
5 specified sale prices.
6 (7) A dedication of real property as prohibited in subsection (6)(b) includes a payment or other
7 contribution to a local housing authority or the reservation of real property for future development of housing for
8 specified income levels or specified sale prices.
9 (8) When reviewing an application for a permit or variance, the determination of compliance with
10 local design standards as provided in subsection (5) must be conducted solely by employees of the
11 municipality, and the municipality may not require review by an external board."
12 - END -
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Statutes affected:
SB0407_1.pdf: 76-2-302
SB0407_2.pdf: 76-2-302
SB0407_3.pdf: 76-2-302
SB0407_4.pdf: 76-2-302
SB0407_X.pdf: 76-2-302
Amended: 76-2-302
Introduced: 76-2-302