Revise nuisance compliance laws

- 2025
69th Legislature 2025 HB 742
- 1 - Authorized Print Version – HB 742
ENROLLED BILL
AN ACT REVISING LOCAL GOVERNMENT NUISANCE LAWS; REQUIRING A MINIMUM COMPLAINT
THRESHOLD BEFORE A COUNTY OFFICER MAY CONDUCT SITE INSPECTIONS; FURTHER DEFINING
PUBLIC NUISANCE; AMENDING SECTIONS 7-5-2111 AND 7-5-4104, MCA; AND PROVIDING A DELAYED
EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-5-2111, MCA, is amended to read:
"7-5-2111. Control of community decay. (1) The governing body of a county may regulate, control,
and prohibit conditions that contribute to community decay on or adjacent to any public roadway within the
county by adoption of an ordinance that substantially complies with the provisions of 7-5-103 through 7-5-107.
(2) An ordinance adopted under subsection (1) may include time limits for removal or shielding of
such conditions as considered appropriate by the governing body.
(3) (a) Except as provided in subsection (3)(b), if the governing body of a county allows for
community decay complaints to be filed by citizens, complaints must be received by at least three property
owners located within one-fourth of a mile from the property for which the complaint is filed before an officer of
the county may conduct a site inspection.
(b) If the governing body of a county determines that a condition is a health violation that may
affect the surrounding community, the governing body may proceed to regulate, control, or prohibit the
condition without receiving citizen complaints as required in subsection (3)(a).
(3)(4) Nothing in this section restricts the governing body from enacting community decay controls
affecting only portions of the county.
(4)(5) Nothing in this section or 7-5-2110 may be construed to abrogate or affect the provisions of any
lawful ordinance, regulation, or resolution that is more restrictive than the provisions of this section or 7-5-2110.
- 2025
69th Legislature 2025 HB 742
- 2 - Authorized Print Version – HB 742
ENROLLED BILL
(5)(6) For the purposes of enforcing an ordinance adopted under subsection (1), the county
governing body may provide that, after giving due notice, in writing, of violation and upon the failure of the
property owner to comply with the ordinance, officers and employees of the county may enter upon the property
for the specific purpose of abating the violation of the ordinance and may assess the property owner for the
actual costs for the abatement. Nonpayment of such an assessment becomes a lien upon the property and is
enforceable in the same manner as the nonpayment of property taxes is enforced."
Section 2. Section 7-5-4104, MCA, is amended to read:
"7-5-4104. Control of nuisances -- exception. (1) The city or town council has power to:
(a) define and abate nuisances and impose fines upon persons guilty of creating, continuing, or
suffering a nuisance to exist on the premises that they occupy or control, control, and abate all conditions:
(i) that endanger health or safety;
(ii) that are offensive to the senses; or
(iii) that obstruct the free use of property that interferes with the comfortable enjoyment of life or
property by an entire community or neighborhood or by any considerable number of persons; and
(b) regulate and prohibit the wearing of hats or bonnets at theaters or public places of amusement;
and
(c)(b) enforce the penalty for violations of 7-5-4113 and post copies of 7-5-4113 in conspicuous
locations in the municipality.
(2) A condition that affects an entire committee or neighborhood or any considerable number of
persons as provided in subsection (1)(a)(iii) is no less a nuisance because the extent of the annoyance or
damage inflicted on individuals is unequal.
(2)(3) The city or town council may not prohibit the placing of a "notice of violation" card on a motor
vehicle illegally parked in an accessible parking space."
Section 3. Effective date. [This act] is effective January 1, 2026.
- END -
I hereby certify that the within bill,
HB 742, 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. 742
INTRODUCED BY S. GIST, E. TILLEMAN, C. SPRUNGER
AN ACT REVISING LOCAL GOVERNMENT NUISANCE LAWS; REQUIRING A MINIMUM COMPLAINT
THRESHOLD BEFORE A COUNTY OFFICER MAY CONDUCT SITE INSPECTIONS; FURTHER DEFINING
PUBLIC NUISANCE; AMENDING SECTIONS 7-5-2111 AND 7-5-4104, MCA; AND PROVIDING A DELAYED
EFFECTIVE DATE.