Revise municipal zoning laws

****
69th Legislature 2025 HB 713
- 1 - Authorized Print Version – HB 713
ENROLLED BILL
AN ACT REVISING MUNICIPAL ZONING LAWS; PROVIDING FOR METHODS TO ESTABLISH, AMEND, OR
REPEAL CERTAIN REGULATIONS, RESTRICTIONS, OR BOUNDARIES; REPEALING A METHOD OF
PROTEST FOR ALTERING ZONING REGULATIONS; AMENDING SECTION 76-2-303, MCA; AND
REPEALING SECTION 76-2-305, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-2-303, MCA, is amended to read:
"76-2-303. Procedure to administer certain annexations and zoning laws -- hearing and notice.
(1) (a) A regulation, restriction, or boundary may be determined, established, enforced, amended,
supplemented, changed, modified, or repealed in conformance with this section.
(b) The city or town council or other legislative body of a municipality shall provide for the manner
in which regulations and restrictions and the boundaries of districts are determined, established, enforced, and
amended, supplemented, changed, modified, or repealed subject to the requirements of subsection (2).
(2) (a) A The determination, establishment, enforcement, amendment, supplement, change,
modification, or repeal of a regulation, restriction, or boundary may not become effective until after a public
hearing in relation to the regulation, restriction, or boundary at which parties in interest and citizens have an
opportunity to be heard has been held. At least 15 days' notice of the time and place of the hearing must be
published in an official paper or a paper of general circulation in the municipality.
(b) If a zone map boundary only is proposed to be amended, supplemented, changed, modified, or
repealed, the city or town council or other legislative body of the municipality shall adopt the boundary change
by resolution. The adoption of the boundary change by resolution is effective immediately.
(3) (a) For municipal annexations, a municipality may conduct a hearing on the annexation in
conjunction with a hearing on the zoning of the proposed annexation if the proposed municipal zoning
****
69th Legislature 2025 HB 713
- 2 - Authorized Print Version – HB 713
ENROLLED BILL
regulations for the annexed property:
(i) authorize land uses comparable to the land uses authorized by county zoning;
(ii) authorize land uses that are consistent with land uses approved by the board of county
commissioners or the board of adjustment pursuant to Title 76, chapter 2, part 1 or 2; or
(iii) are consistent with zoning requirements recommended in a growth policy adopted pursuant to
Title 76, chapter 1, for the annexed property.
(b) A joint hearing authorized under this subsection (3) fulfills a municipality's obligation regarding
zoning notice and public hearing for a proposed annexation."
Section 2. Repealer. The following section of the Montana Code Annotated is repealed:
76-2-305. Alteration of zoning regulations -- protest.
- END -
I hereby certify that the within bill,
HB 713, 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. 713
INTRODUCED BY L. BREWSTER
AN ACT REVISING MUNICIPAL ZONING LAWS; PROVIDING FOR METHODS TO ESTABLISH, AMEND, OR
REPEAL CERTAIN REGULATIONS, RESTRICTIONS, OR BOUNDARIES; REPEALING A METHOD OF
PROTEST FOR ALTERING ZONING REGULATIONS; AMENDING SECTION 76-2-303, MCA; AND
REPEALING SECTION 76-2-305, MCA.