Senate Bill No. 164

Introduced By sprague



A Bill for an Act entitled: "An Act providing that county and municipal building codes and county and municipal zoning authorities may not prohibit the use of land for a proposed residential structure for the sole reason that the structure is a manufactured home if the manufactured home is built to conform to the code issued by the federal department of housing and urban development; allowing the board of county commissioners to require that a manufactured home be located and installed according to certain standards; and amending sections 50-60-302, 76-2-202, 76-2-203, AND 76-2-302, and 76-2-304, MCA."



WHEREAS, federal law preempts state and local governments from denying a building permit or certificate of occupancy to a manufactured home when the denial is based solely on the fact that the home was built according to the United States Department of Housing and Urban Development code and not some other code; and

WHEREAS, clear distinctions between manufactured homes, mobile homes, and factory-built buildings have already been established in Montana law for regulatory purposes; and

WHEREAS, some local authorities in Montana are refusing to issue building permits and certificates of occupancy to manufactured homes that are built to comply with the United States Department of Housing and Urban Development code; and

WHEREAS, it is in Montana citizens' interest to prohibit arbitrary discrimination by local authorities against the owners of manufactured homes in defiance of federal preemption.



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 50-60-302, MCA, is amended to read:

"50-60-302.   Certification of municipal and county building codes. (1) A county or municipality may not enforce a building code unless the code adopted and a plan for enforcement of the code have been filed with the department.

(2)  The department shall set forth rules and standards governing the certification of municipal and county building code programs as required in subsection (1).

(3) The department may not certify a municipal or county building program if the program prohibits the use of land for a proposed residential structure for the sole reason that the proposed structure is a manufactured home if the manufactured home bears an appropriate seal indicating that the home was constructed in accordance with the standards of the United States department of housing and urban development."



Section 1.  Section 76-2-202, MCA, is amended to read:

"76-2-202.   Establishment of zoning districts -- regulations. (1) (a) Within the unincorporated portions of a jurisdictional area which that has been established under provisions of 76-1-501 through 76-1-503 or 76-1-504 through 76-1-507, the board of county commissioners may by resolution establish zoning districts and zoning regulations for all or part of the jurisdictional area.

(b)  An action challenging the creation of a zoning district must be commenced by October 1, 1994, or within 5 years after the date of the order by the board of county commissioners creating the district, if the district was created after October 1, 1989.

(2)  Within some zoning districts, it is lawful and within others it is unlawful to erect, construct, alter, or maintain certain buildings or to carry on certain trades, industries, or callings.

(3) (a)  In a proceeding for a permit or variance to place manufactured housing within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home will not adversely affect property values of conventional housing.

(b) Notwithstanding subsection (3)(a), a board of county commissioners may not adopt a zoning ordinance or regulation that prohibits the use of land for a proposed residential structure for the sole reason that the proposed structure is a manufactured home if the manufactured home bears an appropriate seal indicating that the home was constructed in accordance with the standards of the United States department of housing and urban development.

(c) A board of county commissioners may require that a manufactured home be located and installed according to the same standards for foundation system, permanent utility connections, setback, and minimum square footage that would apply to a site-built, single-family dwelling on the same lot.

(4)  Within each district the height and bulk of future buildings and the area of the yards, courts, and other open spaces and the future uses of the land or buildings must be limited and future building setback lines must be established.

(5)  All regulations must be uniform for each class or kind of buildings throughout a district, but the regulations in one district may differ from those in other districts.

(6)  As used in this section, "manufactured housing" or "manufactured home" means a single-family dwelling, built offsite in a factory on or after January 1, 1990, that is placed on a permanent foundation, is at least 1,000 square feet in size, has a pitched roof and siding and roofing materials that are customarily, as defined by local regulations, used on site-built homes, and 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, as defined in 61-4-309, or a housetrailer, as defined in 61-1-501.

(7)  Nothing contained in this This section may not be construed to limit conditions imposed in historic districts, local design review standards, existing RESTRICTIVE covenants, or the ability to enter into RESTRICTIVE covenants pursuant to Title 70, chapter 17, part 2."



Section 2.  Section 76-2-203, MCA, is amended to read:

"76-2-203.   Criteria and guidelines for zoning regulations. (1) The zoning regulations shall must be made in accordance with a comprehensive development plan and shall must be designed to:

(a) lessen congestion in the streets;

(b) to secure safety from fire, panic, and other dangers;

(c) to promote health and general welfare;

(d) to provide adequate light and air;

(e) to prevent the overcrowding of land;

(f) to avoid undue concentration of population; and

(g) to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

(2) Such The zoning regulations shall must be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such the jurisdictional area.

(3) The zoning regulations shall must, as nearly as possible, be made compatible with the zoning ordinances of the municipality within the jurisdictional area.

(4) Notwithstanding the provisions of subsections (1), (2), and (3), zoning regulations may not prohibit the use of land for a proposed residential structure for the sole reason that the proposed structure is a manufactured home if the manufactured home bears an appropriate seal indicating that it was constructed in accordance with the standards of the United States department of housing and urban development."



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.

(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)  In a proceeding for a permit or variance to place manufactured housing within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home will not adversely affect property values of conventional housing.

(b) Notwithstanding subsection (3)(a), a local town or city council may not adopt a zoning ordinance or regulation that prohibits the use of land for a proposed residential structure for the sole reason that the proposed structure is a manufactured home if the manufactured home bears an appropriate seal indicating that the home was constructed in accordance with the standards of the United States department of housing and urban development.

(c) A local town or city council may require that a manufactured home be located and installed according to the same standards for foundation system, permanent utility connections, setback, and minimum square footage that would apply to a site-built, single-family dwelling on the same lot.

(4)  As used in this section, "manufactured housing" or "manufactured home" means a single-family dwelling, built offsite in a factory on or after January 1, 1990, that is placed on a permanent foundation, is at least 1,000 square feet in size, has a pitched roof and siding and roofing materials that are customarily, as defined by local regulations, used on site-built homes, and 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, as defined in 61-4-309, or a housetrailer, as defined in 61-1-501.

(5)  Nothing contained in this This section may not be construed to limit conditions imposed in historic districts, local design review standards, existing RESTRICTIVE covenants, or the ability to enter into RESTRICTIVE covenants pursuant to Title 70, chapter 17, part 2."



Section 4.  Section 76-2-304, MCA, is amended to read:

"76-2-304.   Purposes of zoning. (1) Such Zoning regulations shall must be made in accordance with a comprehensive plan and designed to:

(a) lessen congestion in the streets;

(b) to secure safety from fire, panic, and other dangers;

(c) to promote health and the general welfare;

(d) to provide adequate light and air;

(e) to prevent the overcrowding of land;

(f) to avoid undue concentration of population;

(g) ensure that a fair share of housing is within reach of persons with low or moderate incomes; and

(h) to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

(2)  Such Zoning regulations shall must be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, to the relative availability of land area to manufactured home development, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such the municipality."

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