Legislative Update 2/10/25

Department of Commerce Budget

Hearings were held last week on the Department of Commerce budget, and we urge support for the Community and Technical Assistance Program. This is an invaluable service to our members.

Hearings This Week

SB 214: Revising Zoning Laws to Clarify Decisions Regarding Prior Nonconforming Use of Property

Hearing: (S) Local Government, 02/10/25, 3 PM, Room 405

We are concerned that this bill could complicate efforts to simplify use standards in zoning codes by dictating how interpretations should be made at the local level. It would also strip historic preservation boards of their ability to manage their districts.

Position: Oppose

SB 243: Amend Zoning Regulations to Allow Taller Buildings

Hearing: (S) Local Government, 02/12/25, 3 PM, Room 405

This bill attempts to fix something that isn’t broken by requiring communities to allow six-story buildings in commercial zones. Fire protection is a concern, but our main objection is the Legislature’s continued intent to move the goalposts on communities with these specific directives.

Position: Oppose

Upcoming Bills

SB 275: Allow Revocation of Agricultural Covenant on Lands Annexed into a Municipality

Under this bill, a property created by an agricultural covenant would not need to go through subdivision for the restriction to be lifted when annexed.

Position: Support

SB 252: Revise Land Use Laws Related to Manufactured and Factory-Built Homes

This bill seems likely to have a hearing soon but has not moved yet. One aspect of concern appears to exempt manufactured housing from any zoning requirements, which we do not believe is the sponsor’s intent. We know there was an effort to address this issue but have not heard any updates.

Position: Watch

SB 266: Revise Municipal Zoning to Allow for Triplex and Fourplex Housing

LC0886: Revise Municipal Zoning Laws Related to Parking Requirements

Here are a couple of preemption bills: one broadly written (fourplex) and one detailed statewide zoning directive (parking). At some point, the Legislature won’t be able to blame local governments for the housing crisis because they will have rewritten all the regulations for them. But seriously, folks, this increasing trend of legislative micromanagement will create long-term problems. Just look at what happened to the Subdivision and Platting Act over the years—that’s why we wrote the Montana Land Use Planning Act. Let’s not gum that up too.

SB 146: Creating the Private Property Protection Act

This “takings” bill passed the committee with a significant amendment in Executive Action, replacing “public health and safety” with “compelling government interest.” The amendment does not fix the fundamental issue—this bill remains a lawyer’s dream, creating an unpredictable development system, which is exactly what we were trying to fix with the Montana Land Use Planning Act.