A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA REQUESTING AN INTERIM STUDY OF OPTIONS THAT COULD BE IMPLEMENTED BY LOCAL GOVERNMENTS TO PROVIDE INCENTIVES FOR CLUSTER DEVELOPMENT AND PRESERVATION OF AGRICULTURAL LAND OR OPEN SPACE; AUTHORIZING THE COMMITTEE TO REQUEST ASSISTANCE IN THE CONDUCT OF THE STUDY; AND REQUIRING THE COMMITTEE TO REPORT ON ITS FINDINGS AND RECOMMENDATIONS.

WHEREAS, agricultural land is increasingly being taken out of production for development and becoming unavailable for agricultural production or open space; and

WHEREAS, farmers and ranchers are often forced to sell their land to generate sufficient income to retire; and

WHEREAS, cluster development can facilitate the preservation of agricultural land or open space; and

WHEREAS, cluster development can reduce costs for infrastructure and provision of services by concentrating building sites on smaller lots so that services and utilities can be concentrated in a smaller area; and

WHEREAS, local governments need mechanisms to encourage development approaches that minimize costs to local citizens and that promote effective and efficient provision of public services; and

WHEREAS, local governments need mechanisms to encourage preservation of agricultural land or open space.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That the Legislative Council be requested to designate an appropriate legislative interim committee to study potential options that could be implemented by local governments on a voluntary basis to provide incentives for cluster development and preservation of agricultural land or open space. The committee shall consider options that have been used successfully in Montana and in other states. The study must include:

(1) an evaluation of incentives for preservation of agricultural land or open space, including transferable development rights programs; and

(2) an evaluation of incentives for cluster development, including transferable development rights programs.

BE IT FURTHER RESOLVED, that the committee assigned to conduct the study:

(1) may request assistance from any agency of state government, from any representative of local government, and from interested and knowledgeable citizens and organizations; and

(2) shall report to the Governor and to the 57th Legislature, as provided in 5-11-210, on its findings and recommendations, including recommendations for legislation, if appropriate.

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I hereby certify that the within joint resolution,

SJ 0021, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE JOINT RESOLUTION NO. 21

INTRODUCED BY D. HARGROVE

A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA REQUESTING AN INTERIM STUDY OF OPTIONS THAT COULD BE IMPLEMENTED BY LOCAL GOVERNMENTS TO PROVIDE INCENTIVES FOR CLUSTER DEVELOPMENT AND PRESERVATION OF AGRICULTURAL LAND OR OPEN SPACE; AUTHORIZING THE COMMITTEE TO REQUEST ASSISTANCE IN THE CONDUCT OF THE STUDY; AND REQUIRING THE COMMITTEE TO REPORT ON ITS FINDINGS AND RECOMMENDATIONS.