_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT revising zoning laws; prohibiting adoption of minimum lot size regulations more than 1 mile beyond municipal boundaries; AMENDING SECTIONS 76-2-212 AND 76-2-310, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 76-2-212, MCA, is amended to read:

"76-2-212. Minimum lot size restrictions. A board of county commissioners may not adopt zoning regulations under this part that require minimum lot sizes in an area zoned for residential use unless:

(1)        for zoning regulations adopted prior to [the effective date of this act], the zoning regulation requiring minimum lot sizes is applied to land that is within 3 miles of the limits of an incorporated municipality; or

(2)        the county has adopted a land use map in its growth policy pursuant to 76-1-601(5) that sets forth projected population densities and recommended minimum lot sizes for zoning regulations adopted on or after [the effective date of this act], the zoning regulation requiring minimum lot sizes is applied to land that is within 1 mile of the limits of an incorporated municipality."

Section 2. Section 76-2-310, MCA, is amended to read:

"76-2-310. Extension of municipal zoning and subdivision regulations beyond municipal boundaries. (1) Except as provided in 76-2-312 and subsection (2) of this section, and except in locations where a county has adopted zoning or subdivision regulations, a city or town council or other legislative body that has adopted a growth policy pursuant to chapter 1 for the area to be affected by the regulations may extend the application of its zoning or subdivision regulations beyond its limits in any direction subject to the following limits:

(a)        up to 3 miles beyond the limits of a city of the first class as defined in 7-1-4111;

(b)        up to 2 miles beyond the limits of a city of the second class; and

(c)        up to 1 mile beyond the limits of a city or town of the third class.

(2)        After [the effective date of this act], zoning regulations requiring minimum lot sizes may not be adopted that extend minimum lot size restrictions more than 1 mile beyond the limits of a city or town.

(2)(3)    When two or more noncontiguous cities have boundaries so near to one another as to create an area of potential conflict in the event that all cities concerned should exercise the full powers conferred by 76-2-302, 76-2-311, and this section, then the extension of zoning or subdivision regulations, or both, by these cities must terminate at a boundary line agreed upon by the cities."

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.