Allowing for streamlined public hearing notice process when revising zoning

- 2025
69th Legislature 2025 SB 175
- 1 - Authorized Print Version – SB 175
ENROLLED BILL
AN ACT REVISING THE PROCEDURE FOR A BOARD OF COUNTY COMMISSIONERS TO ADOPT OR
AMEND ZONING REGULATIONS; REQUIRING THAT A PUBLIC MEETING BE NOTICED AND HELD
BEFORE A BOARD OF COUNTY COMMISSIONERS MAY ADOPT A RESOLUTION TO AMEND A ZONING
REGULATION; AND AMENDING SECTION 76-2-205, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-2-205, MCA, is amended to read:
"76-2-205. Procedure for adoption AND AMENDMENT of regulations and boundaries. (1) The board
of county commissioners shall observe the following procedures in the establishment or revision of described in
subsections (2) through (8) when establishing or revising boundaries for zoning districts and in the adoption or
amendment of when adopting or amending zoning regulations:.
(1)(2) (a) Notice of a public hearing on the proposed zoning district boundaries and of regulations for
the zoning district must state:
(a) state:
(i) the boundaries of the proposed district;
(ii) the general character of the proposed zoning regulations;
(iii) the time and place of the public hearing; and
(iv) that the proposed zoning regulations are on file for public inspection at the office of the county
clerk and recorder;.
(b) The notice must be:
(i) posted not less than 45 days before the public hearing in at least five public places, including
but not limited to public buildings and adjacent to public rights-of-way, within the proposed district; and
(c)(ii) be published once a week for 2 weeks in a newspaper of general circulation within the county.
- 2025
69th Legislature 2025 SB 175
- 2 - Authorized Print Version – SB 175
ENROLLED BILL
(2)(3) At the public hearing, the board of county commissioners shall give the public an opportunity to
be heard regarding the proposed zoning district and regulations.
(3)(4) After the public hearing, the board of county commissioners shall review the proposals of the
planning board and shall make any revisions or amendments that it determines to be proper.
(4)(5) The board of county commissioners may pass a resolution of intention to create a zoning
district and to adopt zoning regulations for the district.
(5)(6) The board of county commissioners shall publish notice of passage of the resolution of
intention once a week for 2 weeks in a newspaper of general circulation within the county. The notice must
state:
(a) the boundaries of the proposed district;
(b) the general character of the proposed zoning regulations;
(c) that the proposed zoning regulations are on file for public inspection at the office of the county
clerk and recorder; and
(d) that for 30 days after first publication of this notice, the board of county commissioners will
receive written comments on the creation of the zoning district or to the zoning regulations from persons owning
real property within the district whose names appear on the last-completed assessment roll of the county.
(6)(7) Within 30 days after the expiration of the comment period, the board of county commissioners
may in its discretion adopt the resolution creating the zoning district or establishing the zoning regulations for
the district.
(8) (a) When amending a zoning regulation, the board of county commissioners shall provide
notice of a public hearing on the proposed amendment to the zoning regulation.
(b) The notice must state:
(i) a general description of the changes to the regulation;
(ii) the time and place of the public hearing; and
(iii) that the original zoning regulation and any proposed amendments to the original zoning
regulation are on file for public inspection at the office of the county clerk and recorder.
(c) The notice must be:
(i) posted not less than 15 days before the public hearing; and
- 2025
69th Legislature 2025 SB 175
- 3 - Authorized Print Version – SB 175
ENROLLED BILL
(ii) published once a week for 2 weeks in a newspaper of general circulation within the county.
(d) The board of county commissioners may adopt a resolution amending the zoning regulation
after the public hearing."
- END -
I hereby certify that the within bill,
SB 175, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 175
INTRODUCED BY F. MANDEVILLE
AN ACT REVISING THE PROCEDURE FOR A BOARD OF COUNTY COMMISSIONERS TO ADOPT OR
AMEND ZONING REGULATIONS; REQUIRING THAT A PUBLIC MEETING BE NOTICED AND HELD BEFORE
A BOARD OF COUNTY COMMISSIONERS MAY ADOPT A RESOLUTION TO AMEND A ZONING
REGULATION; AND AMENDING SECTION 76-2-205, MCA.