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69th Montana Legislative Session

HB 233: Provide for transfer of title of open spaces in final plat to HOA
watch
LC2535
Rep. Griffith
Draft Delivered to Requester
1/22/22

This bill will allow dedicated parkland in a subdivision to be transferred to an HOA.  It’s not uncommon to see parkland held and managed by HOA’s, so the concept is nothing new. What this bill allows is for the transfer to occur after the fact, which requires a public hearing by the jurisdiction. At this time we don’t have any cause for concern.

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SB 146: Creating the private property protection act
oppose
LC0975
Senator Beard
Hearing 1/28 (S) Judiciary 8 am
1/22/25

We see a bill like this nearly every session. It significantly narrows the ability of local communities in seeing out their plans and their vision for the future. These bills limit planning to issues of “health and safety,” ignoring the broader purpose of our laws to plan for and manage growth. This particular bill targets Title 76, would undermine SB 382, and would disproportionately affect Montana communities that are already struggling with the challenges of our changing state.

While data suggests Montana’s growth rate may be slowing, the impact of growth on our communities remains a significant concern for Montanans. The “Yellowstone effect” is real. Think about the conversations you’ve had in your communities—how would they react to the idea that “we shouldn’t plan for and manage growth”? Oppose this bill. It is bad for Montana.

 

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SB 175: Allowing for streamlined public hearing notice process when revising zoning
support
LC0014
Sen. Mandeville
Draft Available
1/21/2025

UPDATE: We reached out to the Sponsor about a friendly amendment and our feeling was that conversation went well. We are waiting for amendments to be posted to finalize our position. We do anticipate supporting this bill.

This bill will reduce the timeframe for adopting amendments to Part II zoning districts from 45 days of notice to 15 days and eliminates the requirements for a Resolution of Intent. During the last session, we calculated that the notice requirements add approximately 50 to 60 days to the process. This extended timeline does not enhance the public’s ability to participate in the process. The change would apply only to amendments to regulations; new zoning districts would still require the traditional process. We plan to reach out to the sponsor to propose language for additional clarity. For now, we expect to support this bill but will label our position as “Watch.”

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SB 174: Providing that recreational vehicles and mobile homes are reviewed as B.L.R.
support
LC0015
Sen. Mandeville
Referred to Committee
1/21/25

This bill will move mobile home parks and RV parks for lease or rent out of the Subdivision and Platting Act (MSPA) and into the Buildings for Lease or Rent (BLR) statutes. As drafted, it is a straightforward bill. The Legislative Committee generally supports the intended outcome of this bill. The reality is that including these uses in the MSPA has always been cumbersome and, at times, excessive. Most cities already have zoning regulations for these uses, making the subdivision process redundant and time-consuming. This change could also help address the urban camping issues some cities are facing. In unzoned areas, the BLR statutes will still provide a level of review.

The Committee is generally supportive and wants to back the bill but believes that additional safeguards in the BLR review process may be necessary. We plan to analyze the bill further and hope to identify  specific amendments soon.

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SB 121: Revise the land use and planning act
support
LC0016
Sen. Mandeville
Hearing
1/20/25

When the Montana Land Use Planning Act (SB 382) was created in the 2023 session, it was a lengthy and complex bill. While every effort was made to be thorough with SB 382, there was an awareness that there were undoubtedly some details in the final language of the bill that would require attention in two years when the Legislature reconvened. As Montana communities have worked to implement the Montana Land Use and Planning Act over the last couple of years, a few of these items have revealed themselves.

This bill addresses some necessary fixes to the Montana Land Use Planning Act (MLUPA) that planners have noted since the bills adoption.

These fixes are:

  1. Addressing extraterritorial jurisdiction
  2. Including the municipal exemption for sewer
  3. Allowing jurisdictions subject to the MLUPA that have city-county planning board or similar planning board that are currently allowed under law to be retain representation.
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LC3842: Remove the restriction on inclusionary zoning
watch
LC3842
Rep. Powers
Draft Ready for Delivery
1/10/2025

The bill would reverse the ban on inclusionary zoning. Two sessions ago, when inclusionary zoning was banned by the legislature, only two jurisdictions—Bozeman and Whitefish—were using this tool. Since then, the housing crisis has only worsened. There is a justifiable need for this tool in some communities in Montana. At this time, we are conducting research to determine the positions of our partner organizations.

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