HOUSE BILL NO. 532
INTRODUCED BY C. KAUFMANN
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE CONTENT REQUIREMENTS FOR LOCAL GROWTH POLICIES; AMENDING SECTION 76-1-601, MCA; AND PROVIDING AN APPLICABILITY DATE."
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) The planning board shall prepare and propose a growth policy for the entire jurisdictional area. The plan may propose ordinances or resolutions for possible adoption by the appropriate governing body.
(2) 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, including the following characteristics:
(A) purchase and rental value of existing housing units;
(B) number and percentage of households in each range of gross annual household income;
(C) number of low-, moderate-, and middle-income households that pay more than:
(I) 30% of their gross annual household income for owner-occupied housing and for rental housing; and
(II) 50% of their gross annual household income for owner-occupied housing and for rental housing;
(D) number of available owner-occupied housing units and rental housing units at a price that is 30% or less of the gross median household income for a family of four; and
(E) vacancy rate for the housing units identified under subsection (2)(b)(iii)(D);
(iv) economic conditions;
(v) local services;
(vi) public facilities;
(vii) natural resources, including environmentally sensitive resources;
(viii) natural hazard areas, including areas susceptible to wildfires, floods, earthquakes, geologic faults, landslides, and avalanches; and
(viii)(ix) 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; 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 (2)(a);
(e) an analysis of housing needs, including needs for affordable housing and special needs housing, based on the inventory of housing characteristics under subsection (2)(b)(iii);
(f) a strategy for the elimination or reduction of inappropriate and unsafe development in natural hazard areas;
(e)(g) 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)(h) 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)(i) 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)(j) 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)(k) a statement explaining how public hearings regarding proposed subdivisions will be conducted.
(3) 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.
(4) 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."
NEW SECTION. Section 2. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
NEW SECTION. Section 3. Transition -- applicability. (1) [This act] applies to the adoption of growth policies on or after [the effective date of this act]. A growth policy adopted before [the effective date of this act] is not required to meet the requirements of [section 1], amending 76-1-601.
(2) [This act] applies to the adoption of zoning regulations on or after October 1, 2006. A governing body that adopts a growth policy pursuant to Title 76, chapter 1, before October 1, 2001, may adopt zoning regulations pursuant to Title 76, chapter 2, part 2 or 3, that are consistent with the adopted growth policy before October 1, 2006. A governing body that adopts zoning regulations pursuant to Title 76, chapter 2, part 2 or 3, on or after October 1, 2006, must have adopted a growth policy that meets the requirements of [section 1], amending 76-1-601.
- END -
Latest Version of HB 532 (HB0532.01)
Processed for the Web on February 9, 2001 (5:48PM)
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