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State Land Use Enacted Legislation

Bill # State Year Party Topic

SB 382

MT 2023 R "Co-Living" and Single-Room Occupancy, Accessory dwelling units regulations, Allow ADUs where single-family homes are permitted, Appeals, Commercial land, Deadlines, Density Increases, Encouraging duplex, triplex, fourplexes and townhomes, Enforcement, Impact fees, Lot Size Requirements, Manufactured Housing, Minimum parking requirements, Other streamlining, Planning for climate adaptation and hazards, Streamline application, Streamline hearings, Tiny and Micro Units, Vacant or blighted lands, Voting requirements, Workforce Housing

Provided by Furman

Summary

This act applies to municipalities with a population at or exceeding 5,000 located within a county with a population at or exceeding 70,000 in the most recent decennial census, subject to certain phase-ins and exceptions.

This act requires cities that meet certain population thresholds to utilize the land use plan, map, zoning regulations, and subdivision regulations provided in the act. It allows other local governments the option to utilize provisions of the act.

It requires public participation during the development, adoption, or amendment of a land use plan, map, zoning regulation, or subdivision regulation.

Encourages the development of housing through requiring localities to adopt five policies from a menu of housing strategies, and make them applicable to the areas zoned for residential use, including but not limited to:

  • Allowing duplexes where single-unit dwelling are allowed, as a permitted use
  • Allowing higher density near transit, higher education, and other appropriate population centers
  • Allowing accessory dwelling units (ADUs) on a single-unit lot
  • Eliminating or reducing off-street parking requirements
  • Eliminating impact fees for ADU or multi-unit dwelings
  • Allowing single-room occupancy developments
  • Reducing minimum lot size reqreuiments by at least 25%

It provides strategies to meet population projections and provides for consideration of factors such as housing, local facilities, economic development, natural resources, environment, and natural hazards when developing a land use plan, map, and zoning resolution.

Finally, it provides for a procedure to review subdivisions and approve final plats, for local governing bodies to collect fees, an appeals process, enforcement mechanisms, and penalties.

Provided by lawmakers

Bill Title

Montana Land Use Planning Act

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