HOUSE BILL NO. 295
INTRODUCED BY R. ERICKSON
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A GOVERNING BODY TO ENACT AN ORDINANCE OR ADOPT A RESOLUTION THAT ALLOWS THE GOVERNING BODY TO DENY OR IMPOSE CONDITIONS ON A LAND USE PROPOSAL THAT DOES NOT COMPLY WITH A GROWTH POLICY; AND AMENDING SECTIONS 76-1-605 AND 76-3-608, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-1-605, MCA, is amended to read:
"76-1-605. Use of adopted growth policy. (1) Subject to subsection (2), after adoption of a growth policy, the governing body within the area covered by the growth policy pursuant to 76-1-601 must be guided by and shall give consideration to the general policy and pattern of development set out in the growth policy in the:
(a) authorization, construction, alteration, or abandonment of public ways, public places, public structures, or public utilities;
(b) authorization, acceptance, or construction of water mains, sewers, connections, facilities, or utilities; and
(c) adoption of zoning ordinances or resolutions.
(2) (a) A growth policy is not a regulatory document and does not confer any authority to regulate that is not otherwise specifically authorized by law or regulations adopted pursuant to the law.
(b) A governing body may not withhold, deny, or impose conditions on any land use approval or other authority to act enact ordinances or adopt resolutions that authorize the governing body to deny or impose conditions on land use and development proposals requiring its approval based solely on whether the proposals substantially compliance comply with a growth policy adopted pursuant to this chapter."
Section 2. Section 76-3-608, MCA, is amended to read:
"76-3-608. Criteria for local government review. (1) The basis for the governing body's decision to approve, conditionally approve, or deny a proposed subdivision is whether the subdivision application, preliminary plat, applicable environmental assessment, public hearing, planning board recommendations, or additional information demonstrates that development of the proposed subdivision meets the requirements of this chapter and any ordinance enacted or resolution adopted as provided in 76-1-605(2)(b). A governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services.
(2) The governing body shall issue written findings of fact that weigh the criteria in subsection (3), as applicable.
(3) A subdivision proposal must undergo review for the following primary criteria:
(a) except when the governing body has established an exemption pursuant to subsection (6) of this section or except as provided in 76-3-509 or in 76-3-609(2) or (4), the impact on agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and public health and safety;
(b) compliance with:
(i) the survey requirements provided for in part 4 of this chapter;
(ii) the local subdivision regulations provided for in part 5 of this chapter; and
(iii) the local subdivision review procedure provided for in this part; and
(iv) any ordinance enacted or resolution adopted as provided in 76-1-605(2)(b);
(c) the provision of easements for the location and installation of any planned utilities; and
(d) the provision of legal and physical access to each parcel within the proposed subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel.
(4) The governing body may require the subdivider to design the proposed subdivision to reasonably minimize potentially significant adverse impacts identified through the review required under subsection (3). The governing body shall issue written findings to justify the reasonable mitigation required under this subsection (4).
(5) (a) In reviewing a proposed subdivision under subsection (3) and when requiring mitigation under subsection (4), a governing body may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the subdivision.
(b) When requiring mitigation under subsection (4), a governing body shall consult with the subdivider and shall give due weight and consideration to the expressed preference of the subdivider.
(6) The governing body may exempt proposed subdivisions that are entirely within the boundaries of designated geographic areas from the review criteria in subsection (3)(a) if all of the following requirements have been met:
(a) the governing body has adopted a growth policy pursuant to chapter 1 that:
(i) addresses the criteria in subsection (3)(a);
(ii) evaluates the impact of development on the criteria in subsection (3)(a);
(iii) describes zoning regulations that will be implemented to address the criteria in subsection (3)(a); and
(iv) identifies one or more geographic areas where the governing body intends to authorize an exemption from review of the criteria in subsection (3)(a); and
(b) the governing body has adopted zoning regulations pursuant to chapter 2, part 2 or 3, that:
(i) apply to the entire area subject to the exemption; and
(ii) address the criteria in subsection (3)(a), as described in the growth policy.
(7) A governing body may conditionally approve or deny a proposed subdivision as a result of the water and sanitation information provided pursuant to 76-3-622 or public comment received pursuant to 76-3-604 on the information provided pursuant to 76-3-622 only if the conditional approval or denial is based on existing subdivision, zoning, or other regulations that the governing body has the authority to enforce."
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Latest Version of HB 295 (HB0295.01)
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