INTRODUCED
BY B. Mercer
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING COUNTY ZONING LAWS; requiring a local governing body to hold a public hearing on certain public land use; removing a local board of adjustments prohibition to deny a public land use that is contrary to zoning regulations; and AMENDING SECTION 76-2-402, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-2-402, MCA, is amended to read:
"76-2-402. Local zoning regulations -- application to agencies. (1) Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing, as defined below, shall must be held and the agency shall attend the public hearing.
(1)(2) The local board of adjustments, as provided in this chapter, governing body shall hold a hearing within 30 days of the date the agency gives notice to the board local governing body of its intent to develop land contrary to local zoning regulations.
(2) The board shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use."