Montana legislation · 2025 Regular Session
Montana SB121: Revise the land use and planning act
Status: Signed into law, May 13, 2025
What the bill says
An act generally revising the montana land use planning act; clarifying that a local government may make decisions on development applications; clarifying public notice requirements; providing additional opportunity for public comment for proposed developments; allowing a city to retain extraterritorial zoning authority; amending land divisions excluded from subdivision review; clarifying the notice of adequate stormwater drainage and municipal facilities for certain cities; allowing a city to remain a member on certain planning boards…
From the engrossed text:
AN ACT GENERALLY REVISING THE MONTANA LAND USE PLANNING ACT; CLARIFYING THAT A LOCAL GOVERNMENT MAY MAKE DECISIONS ON DEVELOPMENT APPLICATIONS; CLARIFYING PUBLIC NOTICE REQUIREMENTS; PROVIDING ADDITIONAL OPPORTUNITY FOR PUBLIC COMMENT FOR PROPOSED DEVELOPMENTS; ALLOWING A CITY TO RETAIN EXTRATERRITORIAL ZONING AUTHORITY; AMENDING LAND DIVISIONS EXCLUDED FROM SUBDIVISION REVIEW; CLARIFYING THE NOTICE OF ADEQUATE STORMWATER DRAINAGE AND MUNICIPAL FACILITIES FOR CERTAIN CITIES; ALLOWING A CITY TO REMAIN A MEMBER ON CERTAIN PLANNING BOARDS; ALLOWING FOR A PUBLIC HEARING BEFORE A PLANNING COMMISSION HEARS AN APPEAL; PROVIDING DEFINITIONS; AMENDING SECTIONS 2-3-102, 2-3-104, 7-2-4734, 76-2-310, 76-4-125, 76-4-127, 76-25-103, 76-25-104, 7625-106, 76-25-301, 76-25-305, 76-25-408, 76-25-410, AND 76-25-503, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE. Section 1. Section 2-3-102, MCA, is amended to read: "2-3-102. Definitions. As used in this part, the following definitions apply: (1) "Agency" means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, make a decision on development applications, or enter into contracts (b) the judicial branches and any committee or officer thereof; (c) the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or (d) the state military establishment and agencies concerned with civil defense and recovery from - 1 - Authorized …