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69th Legislature 2025 SB 252
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AN ACT GENERALLY REVISING LAWS RELATED TO MANUFACTURED AND FACTORY-BUILT HOUSING;
REQUIRING THAT MUNICIPAL AND COUNTY ZONING REGULATIONS TREAT MANUFACTURED AND
FACTORY-BUILT HOUSING THE SAME AS OTHER TYPES OF RESIDENTIAL PROPERTY; INCLUDING
MANUFACTURED HOUSING AS AN ALLOWABLE COMMERCIAL PURPOSE IN STATE TRUST LAND
LEASES; PROVIDING DEFINITIONS; AND AMENDING SECTIONS 76-2-202, 76-2-302, 76-25-103, 76-25-
303, AND 77-1-902, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Regulation of construction types. (1) Regulations adopted under this part may not treat
manufactured housing or factory-built housing units different from any other residential units.
(2) In a proceeding for a permit or variance to place manufactured housing or factory-built housing
within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home or
factory-built home will not adversely affect property values of conventional housing.
(3) As used in this part, "factory-built housing" means a factory-assembled structure intended for
residential use that:
(a) is equipped with the necessary service connections but not made to be readily movable as a
unit or units;
(b) is designed to be used with a permanent foundation; and
(c) is not certified by the United States department of housing and urban development but meets
the inspection requirement of Title 50, chapter 60, part 4.
Section 2. Section 76-2-202, MCA, is amended to read:
"76-2-202. Establishment of zoning districts -- regulations. (1) (a) Within the unincorporated
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portions of a jurisdictional area that has been established under provisions of 76-1-501 through 76-1-503 or 76-
1-504 through 76-1-507 and for the purposes provided in 76-2-201, the board of county commissioners may by
resolution establish zoning regulations for a part or all of the jurisdictional area or divide the county into zoning
districts with zoning regulations that are considered best suited to carry out the purposes of this part. By
establishing zoning regulations, the board may regulate the erection, construction, reconstruction, alteration,
repair, location, or use of buildings or structures or the use of land, including the creation of zoning districts that
allow tiny dwelling units.
(b) An action challenging the creation of a zoning district or adoption of zoning regulations must be
commenced within 6 months after the date of the order by the board of county commissioners creating the
district or adopting the regulations.
(2) (a) Zoning regulations adopted under this part may not treat manufactured housing or factory-
built housing units differently from any other residential units.
(b) In a proceeding for a permit or variance to place manufactured housing or factory-built housing
within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home or
factory-built home will not adversely affect property values of conventional housing.
(3) The regulations in one district may differ from those in other districts.
(4) As used in this section, the following definitions apply:
(a) "Factory-built housing" means a factory-assembled structure intended for residential use that:
(a) is equipped with the necessary service connections but not made to be readily movable as a
unit or units;
(b) is designed to be used with a permanent foundation; and
(c) is not certified by the United States department of housing and urban development but meets
the inspection requirements of Title 50, chapter 60, part 4.
(b) "Manufactured housing" means a dwelling for a single household, built offsite in a factory, that
is in compliance with the applicable prevailing standards of the United States department of housing and urban
development at the time of its production. A manufactured home does not include a mobile home or
housetrailer, as defined in 15-1-101.
(b)(c) (i) "Tiny dwelling unit" means a residential dwelling unit that is 350 to 750 square feet, is on a
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permanent foundation, and is used as a single-family dwelling for at least 45 days or longer.
(ii) Appendix Q, tiny houses, of the International Building Code as it was printed on January 1,
2023, may govern all other requirements of a tiny dwelling unit that is 350 to 750 square feet.
(5) This section may not be construed to limit conditions imposed in historic districts, local design
review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part
2."
Section 3. Section 76-2-302, MCA, is amended to read:
"76-2-302. Zoning districts. (1) For the purposes of 76-2-301, the local city or town council or other
legislative body may divide the municipality into districts of the number, shape, and area as are considered best
suited to carry out the purposes of this part. Within the districts, it may regulate and restrict the erection,
construction, reconstruction, alteration, repair, or use of buildings, structures, or land, including the creation of
zoning districts that allow tiny dwelling units.
(2) All regulations must be uniform for each class or kind of buildings throughout each district, but
the regulations in one district may differ from those in other districts.
(3) (a) Zoning regulations adopted under this part may not treat manufactured housing or factory-
built housing units differently from any other residential units.
(b) In a proceeding for a permit or variance to place manufactured housing or factory-built housing
within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home or
factory-built home will not adversely affect property values of conventional housing.
(4) As used in this section, the following definitions apply:
(a) "Factory-built housing" means a factory-assembled structure intended for residential use that:
(a) is equipped with the necessary service connections but not made to be readily movable as a
unit or units;
(b) is designed to be used with a permanent foundation; and
(c) is not certified by the United States department of housing and urban development but meets
the inspection requirements of Title 50, chapter 60, part 4.
(b) "Manufactured housing" means a single-family dwelling, built offsite in a factory, that is in
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compliance with the applicable prevailing standards of the United States department of housing and urban
development at the time of its production. A manufactured home does not include a mobile home or
housetrailer, as defined in 15-1-101.
(b)(c) (i) "Tiny dwelling unit" means a residential dwelling unit that is 350 to 750 square feet, is on a
permanent foundation, and is used as a single-family dwelling for at least 45 days or longer.
(ii) Appendix Q, tiny houses, of the International Building Code as it was printed on January 1,
2023, may govern all other requirements of a tiny dwelling unit that is 350 to 750 square feet.
(5) This section may not be construed to limit conditions imposed in historic districts, local design
review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part
2. Local design review standards imposed by a local government must be clear, objective, and necessary to
protect public health or safety or to comply with federal law.
(6) Zoning regulations may not include a requirement to:
(a) pay a fee for the purpose of providing housing for specified income levels or at specified sale
prices; or
(b) dedicate real property for the purpose of providing housing for specified income levels or at
specified sale prices.
(7) A dedication of real property as prohibited in subsection (6)(b) includes a payment or other
contribution to a local housing authority or the reservation of real property for future development of housing for
specified income levels or specified sale prices.
(8) (a) Except as provided in subsection (8)(b), when reviewing an application for a zoning permit
or variance from local design review standards, the determination of compliance with local design review
standards as provided in subsection (5) must be conducted by employees of the municipality, and the
municipality may not require review by an external board.
(b) Subsection (8)(a) does not apply to historic preservation boards reviewing an application for a
permit or variance to structures or districts that the local government has designated as historic or that are
listed on the national register of historic places as defined in the National Historic Preservation Act of 1966 as it
read on October 1, 2023."
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Section 4. Section 76-25-103, MCA, is amended to read:
"76-25-103. Definitions. As used in this chapter, unless the context or subject matter clearly requires
otherwise, the following definitions apply:
(1) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest,
as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the
decision.
(2) "Applicant" means a person who seeks a land use permit or other approval of a development
proposal.
(3) "Built environment" means man-made or modified structures that provide people with living,
working, and recreational spaces.
(4) "Cash-in-lieu donation" is the amount equal to the fair market value of unsubdivided,
unimproved land.
(5) "Certificate of survey" means a drawing of a field survey prepared by a registered surveyor for
the purpose of disclosing facts pertaining to boundary locations.
(6) "Dedication" means the deliberate appropriation of land by an owner for any general and public
use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the
public use to which the property has been devoted.
(7) "Division of land" means the segregation of one or more parcels of land from a larger tract held
in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly
filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to
this chapter. The conveyance of a tract of record or an entire parcel of land that was created by a previous
division of land is not a division of land.
(8) "Dwelling " means a building designed for residential living purposes, including single-unit, two-
unit, and multi-unit dwellings.
(9) "Dwelling unit" means one or more rooms designed for or occupied exclusively by one
household.
(10) "Examining land surveyor" means a registered land surveyor appointed by the governing body
to review surveys and plats submitted for filing.
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(11) "Factory-built housing" means a factory-assembled structure intended for residential use that:
(a) is equipped with the necessary service connections but not made to be readily movable as a
unit or units;
(b) is designed to be used with a permanent foundation; and
(c) is not certified by the United States department of housing and urban development but meets
the inspection requirements of Title 50, chapter 60, part 4.
(11)(12)"Final plat" means the final drawing of the subdivision and dedication required by this chapter
to be prepared for filing for record with the county clerk and recorder and containing all elements and
requirements set forth in this chapter and in regulations adopted pursuant to this chapter.
(12)(13)"Four-unit dwelling" or "fourplex" means a building designed for four attached dwelling units in
which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be
gained between the units through an internal doorway, excluding common hallways.
(13)(14)"Immediate family" means a spouse, children by blood or adoption, and parents.
(14)(15)"Irrigation district" means a district established pursuant to Title 85, chapter 7.
(15)(16)"Jurisdictional area" or "jurisdiction" means the area within the boundaries of the local
government. For municipalities, the term includes those areas the local government anticipates may be
annexed into the municipality over the next 20 years.
(16)(17)"Land use permit" means an authorization to complete development in conformance with an
application approved by the local government.
(17)(18)"Land use plan" means the land use plan and future land use map adopted in accordance with
this chapter.
(18)(19)"Land use regulations" means zoning, zoning map, subdivision, or other land use regulations
authorized by state law.
(19)(20)"Local governing body" or "governing body" means the elected body responsible for the
administration of a local government.
(20)(21)"Local government" means a county, consolidated city-county, or an incorporated municipality
to which the provisions of this chapter apply as provided in 76-25-105.
(21)(22)"Manufactured housing" means a dwelling for a single household, built offsite in a factory that is
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in compliance with the applicable prevailing standards of the United States department of housing and urban
development at the time of its production. A manufactured home does not include a mobile home or
housetrailer, as defined in 15-1-101.
(22)(23)"Ministerial permit" means a permit granted upon a determination that a proposed project
complies with the zoning map and the established standards set forth in the zoning regulations. The
determination must be based on objective standards, involving little or no personal judgment, and must be
issued by the planning administrator.
(23)(24)"Multi-unit dwelling" means a building designed for five or more attached dwelling units in which
the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained
between the units through an internal doorway, excluding common hallways.
(24)(25)"Permitted use" means a use that may be approved by issuance of a ministerial permit.
(25)(26)"Planning administrator" means the person designated by the local governing body to review,
analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other
development applications as required in this chapter.
(26)(27)"Plat" means a graphical representation of a subdivision showing the division of land into lots,
parcels, blocks, streets, alleys, and other divisions and dedications.
(27)(28)"Preliminary plat" means a neat and scaled drawing of a proposed subdivision showing the
layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a
governing body.
(28)(29)"Public utility" has the meaning provided in 69-3-101, except that for the purposes of this
chapter, the term includes a county water or sewer district as provided for in Title 7, chapter 13, parts 22 and
23, and municipal sewer or water systems and municipal water supply systems established by the governing
body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44.
(29)(30)"Single-room occupancy development" means a development with dwelling units in which
residents rent a private bedroom with a shared kitchen and bathroom facilities.
(30)(31)"Single-unit dwelling" means a building designed for one dwelling unit that is detached from any
other dwelling unit.
(31)(32)"Subdivider" means a person who causes land to be subdivided or who proposes a subdivision
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of land.
(32)(33)"Subdivision" means a division of land or land so divided that it creates one or more parcels
containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States
government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise
transferred and includes any resubdivision and a condominium. The term also means an area, regardless of its
size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or
mobile homes will be placed.
(33)(34)"Subdivision guarantee" means a form of guarantee that is approved by the commissioner of
insurance and is specifically designed to disclose the information required in 76-25-413.
(34)(35)"Tract of record" means an individual parcel of land, irrespective of ownership, that can be
identified by legal description, independent of any other parcel of land, using documents on file in the records of
the county clerk and recorder's office.
(35)(36)"Three-unit dwelling" or "triplex" means a building designed for three attached dwelling units in
which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be
gained between the units through an internal doorway, excluding common hallways.
(36)(37)"Two-unit dwelling" or "duplex" means a building designed for two attached dwelling units in
which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be
gained between the units through an internal doorway."
Section 5. Section 76-25-303, MCA, is amended to read:
"76-25-303. Limitations on zoning authority. (1) A local government acting pursuant to this part
may not:
(a) treat manufactured housing or factory-built housing units differently from any other residential
units;
(b) include in a zoning regulation any requirement to:
(i) pay a fee for the purpose of providing housing for specified income levels or at specified sale
prices; or
(ii) dedicate real property for the purpose of providing housing for specified income levels or at
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specified sale prices, including a payment or other contribution to a local housing authority or the reservation of
real property for future development of housing for specified income levels or specified sale prices;
(c) prevent the erection of an amateur radio antenna at heights and dimensions sufficient to
accommodate amateur radio service communications by a person who holds an unrevoked and unexpired
official amateur radio station license and operator's license, "technician" or higher class, issued by the federal
communications commission of the United States;
(d) establish a maximum height limit for an amateur radio antenna of less than 100 feet above the
ground;
(e) subject to subsection (2) and outside of incorporated municipalities, prevent the complete use,
development, or recovery of any mineral, forest, or agricultural resources identified in the land use plan, except
that the use, development, or recovery may be reasonably conditioned or prohibited within residential zones;
(f) except as provided in subsection (3), treat the following differently from any other residential
use of property:
(i) a foster home, kinship foster home, youth shelter care facility, or youth group home operated
under the provisions of 52-2-621 through 52-2-623, if the home or facility provides care on a 24-hour-a-day
basis;
(ii) a community residential facility serving eight or fewer persons, if the facility provides care on a
24-hour-a-day basis; or
(iii) a family day-care home or a group day-care home registered by the department of public
health and human services under Title 52, chapter 2, part 7;
(g) except as provided in subsection (3), apply any safety or sanitary regulation of the department
of public health and human services or any other agency of the state or a political subdivision of the state that is
not applicable to residential occupancies in general to a community residential facility serving 8 or fewer
persons or to a day-care home serving 12 or fewer children; or
(h) prohibit any existing agricultural activities or force the termination of any existing agricultural
activities outside the boundaries of an incorporated city, including agricultural activities that were established
outside the corporate limits of a municipality and thereafter annexed into the municipality.
(2) Regulations that condition or prohibit uses pursuant to subsection (1)(e) must be in effect prior
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to the filing of a permit application or at the time a written request is received for a preapplication meeting
pursuant to 82-4-432.
(3) Except for a day-care home registered by the department of public health and human services,
a local government may impose zoning standards and conditions on any type of home or facility identified in
subsections (1)(f) and (1)(g) if those zoning standards and conditions do not conflict with the requirements of
subsections (1)(f) and (1)(g)."
Section 6. Section 77-1-902, MCA, is amended to read:
"77-1-902. Definitions. As used in this part, unless the context requires otherwise, the following
definitions apply:
(1) "Cancellation" means the cessation of a lessee's possessory rights and privileges under a
lease due to the lessee's breach of some term of the lease, applicable statutes, or applicable administrative
rules.
(2) "Commercial lease" means a contract to use state trust land for a commercial purpose.
(3) (a) "Commercial purpose" means an industrial enterprise, retail sales outlet, business and
professional office building, warehouse, motel, hotel, hospitality enterprise, commercial or concentrated
recreational use, multifamily residential development, the development of mobile home parks or multiple
manufactured housing units for lease or rent, and other similar business.
(b) The term does not include the following uses:
(i) agriculture;
(ii) grazing;
(iii) exploration or development of oil and gas, minerals, and resources from geothermal, wind, or
solar;
(iv) single-family residences, home sites, and cabin sites; and
(v) utility rights-of-way.
(4) "Land value" is the monetary value of the land determined by an appraisal by a certified
general appraiser or a department staff appraiser or by a limited valuation.
(5) "Limited valuation" means estimating the land value of commercial lease land by analyzing
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comparable land valuations conducted within 2 years of the lease commencement date as provided by real
estate appraisers, local tax assessors, local realtors, an evaluation of local market rents, or a combination of
those methods.
(6) "Termination" means the automatic completion or ending of the term of a contract according to
its provisions. Upon termination, the lessee ceases to have any possessory rights or privileges under a lease."
Section 7. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
76, chapter 2, part 1, and the provisions of Title 76, chapter 2, part 1, apply to [section 1].
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I hereby certify that the within bill,
SB 252, 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. 252
INTRODUCED BY D. FERN
AN ACT GENERALLY REVISING LAWS RELATED TO MANUFACTURED AND FACTORY-BUILT HOUSING;
REQUIRING THAT MUNICIPAL AND COUNTY ZONING REGULATIONS TREAT MANUFACTURED AND
FACTORY-BUILT HOUSING THE SAME AS OTHER TYPES OF RESIDENTIAL PROPERTY; INCLUDING
MANUFACTURED HOUSING AS AN ALLOWABLE COMMERCIAL PURPOSE IN STATE TRUST LAND
LEASES; PROVIDING DEFINITIONS; AND AMENDING SECTIONS 76-2-202, 76-2-302, 76-25-103, 76-25-303,
AND 77-1-902, MCA.