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69th Legislature 2025 HB 738.1
- 1 - Authorized Print Version – HB 738
1 HOUSE BILL NO. 738
2 INTRODUCED BY K. SEEKINS-CROWE
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO THE PROCEDURE FOR
5 COUNTY ZONING BOUNDARY AND REGULATION CHANGES; REQUIRING NOTICE BY MAIL OF PUBLIC
6 HEARINGS FOR ZONING BOUNDARY AND REGULATION CHANGES; AMENDING SECTION 76-2-205,
7 MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 NEW SECTION. Section 1. Procedure for adoption of regulations and boundaries. The board of
12 county commissioners shall observe the following procedures in the establishment or revision of boundaries for
13 zoning districts and in the adoption or amendment of zoning regulations:
14 (1) Notice of a public hearing on the proposed zoning district boundaries and of regulations for the
15 zoning district must:
16 (a) state the following:
17 (i) the boundaries of the existing or proposed district;
18 (ii) the general character of the proposed zoning regulations;
19 (iii) the date, time, and place of the public hearing;
20 (iv) the name, address, and telephone number of the person or office that may be contacted for
21 further information on the action to be taken;
22 (v) that the proposed zoning regulations are on file for public inspection at the office of the county
23 clerk and recorder and are posted on the county's website; and
24 (vi) the county's website address where the proposed zoning regulations are available for public
25 inspection;
26 (b) be posted not less than 45 days before the public hearing in at least five public places,
27 including but not limited to public buildings and adjacent to public rights-of-way, within the proposed district;
28 (c) be published once a week for 2 weeks in a newspaper of general circulation within the county;
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69th Legislature 2025 HB 738.1
- 2 - Authorized Print Version – HB 738
1 and
2 (d) be mailed to all residents within the zoning district or subdistrict whose addresses are known to
3 the county not less than 15 days and not more than 45 days prior to the public hearing through any of the
4 following methods:
5 (i) depositing the notice, properly addressed, in the United States mail with postage paid at the
6 first-class rate;
7 (ii) sending the notice by certified mail rather than first class;
8 (iii) mailing the notice at the bulk rate; or
9 (iv) mailing a postcard.
10 (2) At the public hearing, the board of county commissioners shall give the public an opportunity to
11 be heard regarding the proposed zoning district and regulations.
12 (3) After the public hearing, the board of county commissioners shall review the proposals of the
13 planning board and make any revisions or amendments that it determines to be proper.
14 (4) The board of county commissioners may pass a resolution of intention to create a zoning
15 district and to adopt zoning regulations for the district.
16 (5) The board of county commissioners shall publish public notice of passage of the resolution of
17 intention once a week for 2 weeks in a newspaper of general circulation within the county. The notice must
18 state:
19 (a) the boundaries of the existing or proposed district;
20 (b) the general character of the proposed zoning regulations;
21 (c) that the proposed zoning regulations are on file for public inspection at the office of the county
22 clerk and recorder and are posted on the county's website;
23 (d) the county's website address where the proposed zoning regulations are available for public
24 inspection; and
25 (e) that for 30 days after first publication of this notice, the board of county commissioners will
26 receive written comments on the creation of the zoning district or to the zoning regulations from persons owning
27 real property within the district whose names appear on the most recently completed assessment roll of the
28 county.
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69th Legislature 2025 HB 738.1
- 3 - Authorized Print Version – HB 738
1 (6) Within 30 days after the expiration of the comment period, the board of county commissioners
2 may in its discretion adopt the resolution creating the zoning district or establishing the zoning regulations for
3 the district.
4
5Section 2. Section 76-2-205, MCA, is amended to read:
6 "76-2-205. Procedure for adoption of regulations and boundaries. The board of county
7 commissioners shall observe the following procedures in the establishment or revision of boundaries for zoning
8 districts and in the adoption or amendment of zoning regulations:
9 (1) Notice of a public hearing on the proposed zoning district boundaries and of regulations for the
10 zoning district must:
11 (a) state the following:
12 (i) the boundaries of the existing or proposed district;
13 (ii) the general character of the proposed zoning regulations;
14 (iii) the date, time, and place of the public hearing;
15 (iv) the name, address, and telephone number of the person or office that may be contacted for
16 further information on the action to be taken;
17 (iv)(v) that the proposed zoning regulations are on file for public inspection at the office of the county
18 clerk and recorder and are posted on the county's website; and
19 (vi) the county's website address where the proposed zoning regulations are available for public
20 inspection;
21 (b) be posted not less than 45 days before the public hearing in at least five public places,
22 including but not limited to public buildings and adjacent to public rights-of-way, within the proposed district; and
23 (c) be published once a week for 2 weeks in a newspaper of general circulation within the county;
24 and
25 (d) be mailed to all residents within the zoning district or zoning subdistrict whose addresses are
26 known to the county not less than 15 days and not more than 45 days prior to the public hearing through any of
27 the following methods:
28 (i) depositing the notice, properly addressed, in the United States mail with postage paid at the
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69th Legislature 2025 HB 738.1
- 4 - Authorized Print Version – HB 738
1 first-class rate;
2 (ii) sending the notice by certified mail rather than first class;
3 (iii) mailing the notice at the bulk rate; or
4 (iv) mailing a postcard.
5 (2) At the public hearing, the board of county commissioners shall give the public an opportunity to
6 be heard regarding the proposed zoning district and regulations.
7 (3) After the public hearing, the board of county commissioners shall review the proposals of the
8 planning board and shall make any revisions or amendments that it determines to be proper.
9 (4) The board of county commissioners may pass a resolution of intention to create a zoning
10 district and to adopt zoning regulations for the district.
11 (5) The board of county commissioners shall publish notice of passage of the resolution of
12 intention once a week for 2 weeks in a newspaper of general circulation within the county. The notice must
13 state:
14 (a) the boundaries of the existing or proposed district;
15 (b) the general character of the proposed zoning regulations;
16 (c) that the proposed zoning regulations are on file for public inspection at the office of the county
17 clerk and recorder and are posted on the county's website;
18 (d) the county's website address where the proposed zoning regulations are available for public
19 inspection; and
20 (d)(e) that for 30 days after first publication of this notice, the board of county commissioners will
21 receive written comments on the creation of the zoning district or to the zoning regulations from persons owning
22 real property within the district whose names appear on the last-completed most recently completed
23 assessment roll of the county.
24 (6) Within 30 days after the expiration of the comment period, the board of county commissioners
25 may in its discretion adopt the resolution creating the zoning district or establishing the zoning regulations for
26 the district."
27
28 NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an
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69th Legislature 2025 HB 738.1
- 5 - Authorized Print Version – HB 738
1 integral part of Title 76, chapter 2, part 1, and the provisions of Title 76, chapter 2, part 1, apply to [section 1].
2
3 NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.
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