HOUSE BILL NO. 304
INTRODUCED BY G. CLANCY
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE PROVISIONS RELATED TO
ADOPTION AND REVIEW OF LOCAL SUBDIVISION REGULATIONS BY LOCAL
GOVERNING BODIES AND LOCAL BOARDS OF HEALTH THAT ARE MORE STRINGENT
THAN COMPARABLE STATE RULES OR GUIDELINES; ESTABLISHING ADDITIONAL
CONDITIONS THAT MUST BE MET PRIOR TO ADOPTION OF THE REGULATIONS;
REDUCING THE TIME ALLOWED FOR A GOVERNING BODY OR A LOCAL BOARD OF
HEALTH TO ACT ON A PETITION TO REVIEW A REGULATION; REDUCING THE
MAXIMUM FEE THAT A GOVERNING BODY MAY CHARGE FOR FILING A PETITION FOR
REVIEW OF A REGULATION; AMENDING SECTION AMENDING SECTIONS 50-2-130 AND
76-3-511, MCA; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
SECTION 1. SECTION 50-2-130, MCA, IS AMENDED TO READ:
"50-2-130. Local regulations no more stringent than state regulations rules or guidelines. (1)
After April 14, 1995, except as provided in subsections (2) through (4) or unless required by state law,
the local board may not adopt a rule regulation under 50-2-116(1)(i), (2)(k)(iii), or (2)(k)(v) that is
applicable to subdivisions that is more stringent than the comparable state regulations rules or
guidelines that address the same circumstances. The local board may incorporate by reference
comparable state regulations rules or guidelines.
(2) The local board may adopt a rule regulation to implement 50-2-116(1)(i), (2)(k)(iii), or (2)(k)(v)
that is applicable to subdivisions that is more stringent than comparable state regulations rules or
guidelines only if the local board makes a written finding, after a public hearing and public comment
and based on evidence in the record, that:
(a) the proposed local standard or requirement protects is necessary to protect public health or the
environment; and
(b) the applicable state rules or guidelines are inadequate to protect public health or the environment;
(b)(c) the proposed local board standard or requirement to be imposed can will mitigate harm to the
public health or the environment as demonstrated by comparable information or peer-reviewed
scientific studies, either of which relate directly to the specific local conditions that require the more
stringent local standard or requirement; and
(d) the proposed local standard or requirement is achievable under current technology; and
(e) the cost to the regulated community to implement the proposed local standard or requirement is reasonable.
(3) The written finding must reference comparable information that relates to specific local conditions and peer-reviewed scientific studies contained in the record that forms the basis for the local board's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed local standard or requirement.
(4) (a) A person affected by a rule regulation of the local board adopted after January 1, 1990, and
before April 14, 1995, that that person believes to be more stringent than comparable state regulations
rules or guidelines may petition the local board to review the rule regulation. If the local board
determines that the rule regulation is more stringent than comparable state regulations rules or
guidelines, the local board shall comply with this section by either revising the rule regulation to
conform to the state regulations rules or guidelines or by making the written finding, as provided under
subsection (2), within a reasonable period of time, not to exceed 12 3 months after receiving the
petition. A petition under this section does not relieve the petitioner of the duty to comply with the
challenged rule regulation. The local board may charge a petition filing fee in an amount not to exceed
$250.
(b) A person may also petition the local board for a rule regulation review under subsection (4)(a) if
the local board adopts a rule regulation after January 1, 1990, in an area in which no state regulations
rules or guidelines existed and the state government subsequently establishes comparable regulations
rules or guidelines that are less stringent than the regulation previously adopted by the local board rule."
Section 2. Section 76-3-511, MCA, is amended to read:
"76-3-511. Local regulations no more stringent than state regulations rules or guidelines. (1)
Except as provided in subsections (2) through (4) or unless required by state law, a governing body may
not adopt a rule regulation under 76-3-501 or 76-3-504(6)(c) that is more stringent than the comparable
state regulations rules or guidelines that address the same circumstances. The governing body may
incorporate by reference comparable state regulations rules or guidelines.
(2) The governing body may adopt a rule regulation to implement 76-3-501 or 76-3-504(6)(c) that is
more stringent than comparable state regulations rules or guidelines only if the governing body makes a
written finding, after a public hearing and public comment and based on evidence in the record, that:
(a) the proposed local standard or requirement protects is necessary to protect public health or the
environment;
(b) the comparable APPLICABLE state rules or guidelines are inadequate to protect public health or
the environment; and
(b)(c) the proposed local standard or requirement to be imposed can will mitigate harm to the public
health or the environment as demonstrated by site-specific information and COMPARABLE
INFORMATION OR peer-reviewed scientific studies relating directly to the, EITHER OF WHICH
RELATE DIRECTLY TO THE SPECIFIC LOCAL conditions that require the more stringent local
standard or requirement; and
(d) the proposed local standard or requirement is achievable under current technology; and
(e) the cost to the regulated community to implement the proposed local standard or requirement is
not unreasonable REASONABLE.
(3) The written finding must reference site-specific information COMPARABLE INFORMATION
THAT RELATES TO SPECIFIC LOCAL CONDITIONS and peer-reviewed scientific studies
contained in the record that forms the basis for the governing body's conclusion. The written finding
must also include information from the hearing record regarding the costs to the regulated community
that are directly attributable to the proposed local standard or requirement.
(4) (a) A person affected by a rule regulation of the governing body adopted after January 1, 1990,
and before April 14, 1995, that that person believes to be more stringent than comparable state
regulations rules or guidelines may petition the governing body to review the rule regulation. If the
governing body determines that the rule regulation is more stringent than comparable state regulations
rules or guidelines, the governing body shall comply with this section by either revising the rule
regulation to conform to the state regulations rules or guidelines or by making the written finding, as
provided under subsection (2), within a reasonable period of time, not to exceed 12 3 months after
receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply
with the challenged rule regulation. The governing body may charge a petition filing fee in an amount
not to exceed $250 $100 $250.
(b) A person may also petition the governing body for a rule regulation review under subsection
(4)(a) if the governing body adopts a rule regulation after January 1, 1990, in an area in which no state
regulations rules or guidelines existed and the state government subsequently establishes comparable
regulations rules or guidelines that are less stringent than the regulation previously adopted by the
governing body rule."
NEW SECTION. Section 3. Applicability. The requirements for written findings provided for in [section 1(2) and (3)], amending 50-2-130, AND [SECTION 2(2) AND (3)], AMENDING 76-3-511, that must be made when the governing body adopts a regulation that is more stringent than comparable state rules or guidelines apply to a regulation that is adopted after [the effective date of this act].
- END -
Latest Version of HB 304 (HB0304.02)
Processed for the Web on February 16, 2001 (5:02PM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2001 Legislature | Leg. Branch Home
All versions of this bill (PDF Format)
Authorized print version w/line
numbers (PDF format)
(406)444-3064