HOUSE BILL NO. 184
INTRODUCED BY M. JOPEK
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING A GROWTH POLICY TO INCLUDE A STRATEGY FOR PRESERVING PUBLIC ACCESS TO LAKES, STREAMS, RIVERS, AND OTHER WATERWAYS; AND AMENDING SECTION 76-1-601, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-1-601, MCA, is amended to read:
"76-1-601. Growth policy -- contents. (1) A growth policy may cover all or part of the jurisdictional area.
(2) A growth policy must include the elements listed in subsection (3) by October 1, 2006. The extent to which a growth policy addresses the elements of a growth policy that are listed in subsection (3) is at the full discretion of the governing body.
(3) A growth policy must include:
(a) community goals and objectives;
(b) maps and text describing an inventory of the existing characteristics and features of the jurisdictional area, including:
(i) land uses;
(ii) population;
(iii) housing needs;
(iv) economic conditions;
(v) local services;
(vi) public facilities;
(vii) natural resources, including all lakes, streams, rivers, and other waterways; and
(viii) other characteristics and features proposed by the planning board and adopted by the governing bodies;
(c) projected trends for the life of the growth policy for each of the following elements:
(i) land use;
(ii) population;
(iii) housing needs;
(iv) economic conditions;
(v) local services;
(vi) natural resources, including all lakes, streams, rivers, and other waterways; and
(vii) other elements proposed by the planning board and adopted by the governing bodies;
(d) a description of policies, regulations, and other measures to be implemented in order to achieve the goals and objectives established pursuant to subsection (3)(a);
(e) a strategy for development, maintenance, and replacement of public infrastructure, including drinking water systems, wastewater treatment facilities, sewer systems, solid waste facilities, fire protection facilities, roads, and bridges;
(f) an implementation strategy that includes:
(i) a timetable for implementing the growth policy;
(ii) a list of conditions that will lead to a revision of the growth policy; and
(iii) a timetable for reviewing the growth policy at least once every 5 years and revising the policy if necessary;
(g) a strategy for preserving public access to lakes, streams, rivers, and other waterways;
(g)(h) a statement of how the governing bodies will coordinate and cooperate with other jurisdictions that explains:
(i) if a governing body is a city or town, how the governing body will coordinate and cooperate with the county in which the city or town is located on matters related to the growth policy;
(ii) if a governing body is a county, how the governing body will coordinate and cooperate with cities and towns located within the county's boundaries on matters related to the growth policy;
(h)(i) a statement explaining how the governing bodies will:
(i) define the criteria in 76-3-608(3)(a); and
(ii) evaluate and make decisions regarding proposed subdivisions with respect to the criteria in 76-3-608(3)(a); and
(i)(j) a statement explaining how public hearings regarding proposed subdivisions will be conducted.
(4) A growth policy may:
(a) include one or more neighborhood plans. A neighborhood plan must be consistent with the growth policy.
(b) establish minimum criteria defining the jurisdictional area for a neighborhood plan;
(c) address the criteria in 76-3-608(3)(a);
(d) evaluate the effect of subdivision on the criteria in 76-3-608(3)(a);
(e) describe zoning regulations that will be implemented to address the criteria in 76-3-608(3)(a); and
(f) identify geographic areas where the governing body intends to authorize an exemption from review of the criteria in 76-3-608(3)(a) for proposed subdivisions pursuant to 76-3-608.
(5) The planning board may propose and the governing bodies may adopt additional elements of a growth policy in order to fulfill the purpose of this chapter."
- END -
Latest Version of HB 184 (HB0184.01)
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