Require government to provide certain building code text or citation causing delay or stop

- 2025
69th Legislature 2025 HB 427
- 1 - Authorized Print Version – HB 427
ENROLLED BILL
AN ACT REQUIRING THE DEPARTMENT OF LABOR AND INDUSTRY OR A LOCAL BUILDING
DEPARTMENT TO PROVIDE THE TEXT OR CITATION OF THE SPECIFIC SECTIONS OF THE BUILDING
CODE RELIED ON TO DELAY A PERMIT APPLICATION OR STOP A CONSTRUCTION PROJECT;
PROVIDING A REMEDY; AND CREATING A CAUSE OF ACTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Building code section to be provided -- department penalty. (1) If the department or
local building department delays the issuance of a building permit beyond the standard review period of a
complete application, or stops work on a construction project because of noncompliance with the state building
code adopted pursuant to 50-60-203 or a building code adopted by a county, city, or town pursuant to 50-60-
301, the person applying for a permit or constructing the project may request in writing or electronically that the
department or local building department provide the person with the text or citation of the specific sections of
the building code applicable to the permit application or construction project that the department or local
building department is relying on to cause the delay of the permit application or the stoppage of the construction
project.
(2) If a project also requires zoning, subdivision, or other approval, the department or local building
department may require those reviews to be completed before determining a building application is complete.
(3) The department or local building department shall provide the text or citations requested under
subsection (1) within 7 business days.
(4) If the department or local building department does not respond to the request in accordance
with subsection (3), it shall pay to the requesting party a sum of $50 for each day beyond the required response
period until the text or citation is provided to the requesting party.
(5) (a) A person aggrieved by delays associated with the failure to provide the text or citation of the
- 2025
69th Legislature 2025 HB 427
- 2 - Authorized Print Version – HB 427
ENROLLED BILL
specific sections of the building code as required under subsection (1) may also file a civil action in district court
for appropriate relief, including any compensatory damages.
(b) The prevailing party is entitled to reasonable court costs and attorney fees.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
50, chapter 60, part 1, and the provisions of Title 50, chapter 60, part 1, apply to [section 1].
- END -
I hereby certify that the within bill,
HB 427, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 427
INTRODUCED BY K. ZOLNIKOV
AN ACT REQUIRING THE DEPARTMENT OF LABOR AND INDUSTRY OR A LOCAL BUILDING
DEPARTMENT TO PROVIDE THE TEXT OR CITATION OF THE SPECIFIC SECTIONS OF THE BUILDING
CODE RELIED ON TO DELAY A PERMIT APPLICATION OR STOP A CONSTRUCTION PROJECT;
PROVIDING A REMEDY; AND CREATING A CAUSE OF ACTION.