Montana Code Annotated 2023



Part 28. Alteration of County Boundaries for Public Safety

County Commissioners To Accept, Amend, Or Reject Petition -- Public Hearing -- Interlocal Agreement

7-2-2803. County commissioners to accept, amend, or reject petition -- public hearing -- interlocal agreement. (1) Upon receipt of a petition submitted as provided in 7-2-2801 and 7-2-2802, the boards of county commissioners in the adjoining counties for which boundary changes are proposed shall, after providing public notice pursuant to 7-1-2121 in the county seat of each adjoining county, hold a public hearing in the area proposed to be moved from one county to another. After the public hearing, the boards of county commissioners shall either accept, reject, or amend the boundary changes as proposed in the petition.

(2) An interlocal agreement must be entered into by the adjoining counties and must state:

(a) the proposed boundary change as accepted or amended by the boards, including the legal description of the proposed boundary change;

(b) the procedure each board intends to follow in complying with this part;

(c) subject to subsection (4), the costs to be incurred by each county in complying with 7-2-2807; and

(d) any other elements to which the boards agree regarding provision of services or county operations upon the relocation of the boundary.

(3) If the boards of county commissioners do not agree on the proposed boundary changes, either as presented in the petition or as amended, or if one or both boards reject the proposal, the process for changing the boundaries must cease and may not be initiated again for a period of 1 year.

(4) The adjoining counties shall negotiate the fees to be charged for compliance with 7-2-2807, and the provisions of 7-2-2412, 7-4-2631, 7-4-2632, and 7-4-2637 regarding fees charged by county clerks do not apply to the processes required in 7-2-2807.

History: En. Sec. 3, Ch. 347, L. 2011.