SB 294 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 294	MT	2021	R	Deadlines, Density Increases, Lot Size Requirements, Other streamlining, Third-party review, Voting requirements

Provided by Furman

Summary

This act revises county zoning laws. It provides for a referendum upon petition of 20% or more of the real property owners in a district to terminate a zoning district, it removes certain protest provisions that had been invalidated by the Montana Supreme Court, and provides for minimum lot size restrictions in residential zoning. The act removes a provision of 76-2-205 pertaining to the procedure for adoption of regulations and boundaries. The repealed provision allowed that if 40% of the real property owners within the district whose names appear on the last-completed assessment roll or if real property owners representing 50% of the titled property ownership whose property is taxed for agricultural purposes under 15-7-202 or whose property is taxed as forest land under Title 15, chapter 44, part 1, have protested the establishment of the district or adoption of the regulations, the board of county commissioners may not adopt the resolution and a further zoning resolution may not be proposed for the district for a period of 1 year. Finally, the act prohibits restrictions. A board of county commissioners from adopting zoning regulations that require minimum lot sizes in an area zoned for residential use unless: (1) the zoning regulation requiring minimum lot sizes is applied to land that is within 3 miles of the limits of an incorporated municipality; or (2) the county has adopted a land use map in its growth policy pursuant to 76-1-601(5) that sets forth projected population densities and recommended minimum lot sizes. The act became effective on passage and approval. The sections relating to referendums to terminate zoning districts and the procedure for adoption of regulations and boundaries apply to zoning districts created pursuant to Title 76, chapter 2, part 2, on or after January 1, 2021.

Provided by lawmakers