HomeMy WebLinkAbout09-06-23 EV Board Agenda and PacketA.Call to Order - 6:00 PM
This meeting will be held both in-person and also using an online videoconferencing system. You
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B.Disclosures
C.Changes to the Agenda
D.Public Service Announcements
E.Approval of Minutes
E.1 Approve the August 2, 2023 Minutes (DiTommaso )
F.Public Comments
This is the time to comment on any matter falling within the scope of the Economic Vitality Board.
There will also be time in conjunction with each agenda item for public comment relating to that
item but you may only speak once per topic. Please note, the Board cannot take action on any
item which does not appear on the agenda. All persons addressing the Board shall speak in a civil
and courteous manner and members of the audience shall be respectful of others. Please state
THE ECONOMIC VITALITY BOARD OF BOZEMAN, MONTANA
EVB AGENDA
Wednesday, September 6, 2023
General information about the Economic Vitality Board is available in our Laserfiche repository.
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the
meeting.
Public comments will also be accepted in-person and through Video Conference during the appropriate
agenda items.
As always, the meeting will be streamed through the Commission's video page and available in the
City on cable channel 190.
For more information please contact Brit Fontenot, bfontenot@bozeman.net
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your name and place of residence in an audible tone of voice for the record and limit your
comments to three minutes.
General public comments to the Board can be found in their Laserfiche repository folder.
G.Action Items
G.1 Draft Ordinance 2147 Regulations for Camping on City Right-of-Way Presentation (Mihelich,
Peters )
H.FYI/Discussion
H.1 Overview of Senate Bill 382 and Overview of Unified Development Code Public Review
Process in Fall 2023.(Rogers)
H.2 Belonging in Bozeman Plan Update(Hess & Lyon)
I.Adjournment
This board generally meets the first Wednesday of the month from 6:00 pm to 8:00 pm.
Citizen Advisory Board meetings are open to all members of the public. If you have a disability and
require assistance, please contact the City for ADA coordination, 406.582.2306 (TDD 406.582.2301).
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Memorandum
REPORT TO:Economic Vitality Board
FROM:Jesse DiTommaso, Economic Development Specialist
Brit Fontenot, Economic Development Director
SUBJECT:Approve the August 2, 2023 Minutes
MEETING DATE:September 6, 2023
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:Approve the August 2, 2023 minutes.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:In accordance with Commission Resolution 5323 and the City of Bozeman's
Citizen Advisory Board Manual, all boards must have minutes taken and
approved. Prepared minutes will be provided for approval by the board at
the next regularly scheduled meeting. Staff will make any corrections
identified to the minutes before submitting to the City Clerk's Office.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the board.
FISCAL EFFECTS:None.
Attachments:
080223 EVB Minutes.pdf
Report compiled on: May 26, 2023
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Bozeman Economic Vitality Board Meeting Minutes, August 2, 2023
Page 1 of 3
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
August 2, 2023
Present: Katherine Osterloth, Danielle Rogers, John Carey, Sarah Savage, Commission Coburn
Excused: Will Shepard, Craig Ogilvie
A) 00:01:13 Call to Order - 6:00 PM
B) 00:02:03 Disclosures
• There were no disclosures.
C) 00:02:26 Changes to the Agenda
• Economic Development Director, Brit Fontenot noted item F2 will be moved to the
FYI/Discussion section of the agenda.
D) 00:02:46 Approval of Minutes
D.1 00:02:49 Approve the May 3, 2023 Minutes
072023 EVB Minutes.pdf
00:02:58 Motion to approve Approve the July 20, 2023 minutes.
Sara Savage: Motion
Danielle Rogers: 2nd
00:03:06 Vote on the Motion to approve Approve the July 20, 2023 minutes. The Motion carried 4 - 0.
Approve:
Sara Savage
Danielle Rogers
John Carey
Katharine Osterloth
Disapprove:
None
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Bozeman Economic Vitality Board Meeting Minutes, August 2, 2023
Page 2 of 3
E) 00:03:22 Public Comments
• There were no public comments.
F) 00:04:01 Action Items
00:05:44 Sara Savage recused herself from the vote as she is an employee of HRDC.
F.1 00:04:06 Approve Letter of Support to the Montana Board of Housing for the 7th
Street and Aspen Low-Income Housing Tax Credit Project.
EV Board Letter of Support to MBH RE 7th and Aspen LIHTC FINAL 07-25-23.pdf
• Economic Development Director Brit Fontenot provided background on the letter of support to
the Montana Board of Housing for the 7th Street and Aspen Low-Income Housing Tax Credit
Project.
00:06:10 Public Comment
• There was no public comment.
00:06:20 Discussion
00:09:27 Motion to approve Motion to approve sending letter of support for 7th and Aspen LIHTC
project to the Montana Board of Housing.
John Carey: Motion
Danielle Rogers: 2nd
00:09:42 Vote on the Motion to approve Motion to approve sending letter of support for 7th and Aspen
LIHTC project to the Montana Board of Housing. The Motion carried 3 - 0.
Approve:
Danielle Rogers
John Carey
Katharine Osterloth
Disapprove:
None
G) 00:10:01 FYI/Discussion
F.2 00:10:03 Belonging in Bozeman Plan Goals Work Session
BiB Draft Goals EV Board Review 8_2.pdf
00:10:10 Community Engagement Coordinator Dani Hess provided the presented the draft goals
for the Belonging in Bozeman Plan for the City of Bozeman's DEI Plan.
00:34:57 Questions of Staff
00:43:12 Feedback for Staff / Discussion
01:13:17 Economic Development Director Brit Fontenot provided an overview of future agendas.
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Bozeman Economic Vitality Board Meeting Minutes, August 2, 2023
Page 3 of 3
H) 01:17:58 Adjournment
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Memorandum
REPORT TO:Economic Vitality Board
FROM:Jeff Mihelich, City Manager, City of Bozeman
Kira Peters, Assistant City Manager, City of Bozeman
SUBJECT:Draft Ordinance 2147 Regulations for Camping on City Right-of-Way
Presentation
MEETING DATE:September 6, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I make a motion to support the Draft Ordinance 2147, Regulations for
Camping on City Right-of-Way.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:
In 2018 the legal landscape concerning how municipalities in the 9 th Circuit
regulated camping or “sit, sleep, lie” ordinances in their jurisdictions
changed dramatically. Historically, most camping ordinances were
misdemeanor offenses that carried the potential of a fine and/or jail time.
The Martin v. Boise case held it unconstitutional to criminally punish a
person who is experiencing homelessness for sitting, sleeping, or lying on
public property when that person has no place else to go and there is no
available shelter space. In 2022 the Johnson v. Grants Pass decision affirmed
the holding in Boise and further stated that municipalities may not prohibit
persons experiencing homelessness from taking necessary minimal measures
to keep themselves warm and dry when they must sleep outside – including
sleeping in vehicles.
Both Boise and Grants Pass provide that municipalities may regulate times
and locations where camping or sleeping etc. is not permitted so long as the
regulations are consistent with the Constitution and holdings of these cases.
In response to Boise and coupled with the pandemic, the City has not issued
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camping citations or 72-hour parking citations to those experiencing
homelessness.
Over the last two years there has been an increase in the number of
recreational vehicles, campers, vans, and other vehicles on the public right-
of-way throughout the city where people are residing or using the right-of-
way for additional storage. While the city must abide by the Boise and
Grants Pass decisions, the city also has a responsibility to ensure that public
rights-of-way, intended for the purposes of travel for all residents, are
unencumbered, that street maintenance including snow removal can occur
as needed, that solid waste or other waste does not accumulate impacting
the health of residents or negatively impacting stormwater systems, and to
balance community interests and concerns.
Over the last two years, the city has been pulling from various authority in
the municipal code and state law to request voluntary compliance from
persons living on the right-of-way for basic standards of cleanliness and
limiting obstructions in the right-of-way. Authority in both the municipal
code and state law however were never intended to address the issues
related to the unhoused living on the right-of-way and therefore are
inadequate to properly address the concerns of residents and the
responsibilities of the city. Some current codes carry criminal penalties or
higher civil penalties, and while these codes are permissible to enforce
under Boise and Grants Pass because they do not criminalize the act of
camping, the city strives to codify a more compassionate enforcement
approach.
Proposed Ordinance 2147 seeks to provide reasonable time, place, manner
restrictions for how those experiencing homelessness can legally camp on
the city right-of-way and provides the city noncriminal enforcement tools
when education, connection to services, and voluntary compliance is
unsuccessful.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:At the recommendation of Economic Vitality Board.
FISCAL EFFECTS:Total Estimated Fiscal Year Impacts: $353,000 (Estimated cost of towing and
street clean is $153,000 and estimated cost of two new positions to support
education and compliance is $200,000)
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Attachments:
Regulations for Camping on City Right of Way Ordinance
2147.pdf
2023 City of Bozeman Street Clean Up Project Highlights .pdf
Report compiled on: July 21, 2023
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ORDINANCE 2147
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING REGULATIONS FOR CAMPING ON CITY RIGHT OF WAY.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish programs and laws to protect public the health, safety and welfare of the
residents of Bozeman; and
WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may
exercise any power not prohibited by the constitution, law or charter and neither the Montana
Constitution, state law, or the City Charter prohibits the City Commission from adopting this
Ordinance; and
WHEREAS, pursuant to §7-14-4101, MCA, the City has the authority to prevent the
encumbering of streets, sidewalks, alleys or public grounds with obstacles or materials; and
WHEREAS, the United States Supreme Court has long recognized that a municipality has
the right to regulate the use of city streets to assure the safety and convenience of the people in
their use, and further, that governmental authorities have the duty and responsibility to keep their
streets open and available for movement (Cox v. Louisiana, 379 U.S. 536 (1965)); and
WHEREAS, in 2019, the United States Ninth Circuit Court of Appeals (Ninth Circuit)
issued its decision in Martin v. Boise, 920 F.3d 584 (9th Cir. 2019), holding in part that the Cruel
and Unusual Punishments Clause of the Eighth Amendment “prohibits the imposition of criminal
penalties for sitting, sleeping, or lying outside on public property for homeless individuals who
cannot obtain shelter;” and
WHEREAS, in 2022, the Ninth Circuit issued its decision in Johnson v. City of Grants
Pass, 50 F.4th 787 (9th Cir. 2022), holding local ordinances violated the Eighth Amendment to
the extent the ordinances prohibited individuals from taking minimal measures to keep warm and
dry while sleeping (including sleeping in vehicles); and
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WHEREAS, currently there are approximately 200 recreational vehicles, campers, vans
and other vehicles on the public right-of-way throughout the city wherein people are residing or
using the right-of-way for additional storage, and the Commission finds this Ordinance necessary
to ensure the public rights-of-way intended for the purposes of travel for all residents are
unencumbered, that street maintenance including snow removal can occur as needed, that solid
waste or other waste does not accumulate impacting the health of residents or negatively impact
stormwater systems, and to balance community interests and concerns; and
WHEREAS it necessary for the health, safety, and welfare of all residents of the City and
users of the public rights-of-way to align the municipal code with federal law and provide
appropriate time, place and manner restrictions on the use of the public right-of-way for camping.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the Bozeman Municipal Code is amended as follows to add a new Article to Chapter 34:
Article 9. Camping on Public Right-of-Way.
Sec. 34.09.010 Definitions.
A. The following words, terms and phrases, when used in this article, have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
1. “Camping” or “camp” means to pitch, erect, create, inhabit, use, or occupy camp
facilities in, or otherwise inhabit, the public right-of-way.
2. “Camp facility” or “camp facilities” include but are not limited to tents, huts,
temporary shelters, structures, vehicles as defined in 36.01.020, recreational
vehicles with or without motive power designed for use as temporary living
quarters or camping, motor homes, camping trailers, tent trailers, truck campers,
camper vans, structures, or any other item used for the purpose of camping.
3. “Involuntarily homeless” means a person that does not have the means to acquire
their own shelter and who does not otherwise have access to shelter or transitional
housing.
4. “Public right-of-way” means all real property (including property owned in fee or
obtained through easement or dedication) administered by the city and which is
used for transportation purposes, including streets, roads, bridges, alleys, sidewalks
and boulevards, trails, paths, and other public ways.
Sec. 34. 09.020 Camping on Public Right-of-Way is Prohibited.
A. Camping on the public right-of-way within city limits is prohibited, except as provided
in subsections B and C of this section.
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B. A city employee with authority to enforce this article must refer an individual who is
involuntarily homeless who is camping on the public right-of-way to an available
shelter facility or other available temporary housing. Individuals who are involuntarily
homeless may only camp on the public right-of-way when a shelter facility or other
temporary housing is not available.
C. If space in a shelter facility or other temporary housing is not available, a person
camping on the public right-of-way must comply with the following:
1. Time: No camping may occur in the same location on the public right-of-way
for more than five (5) consecutive days. No camp facilities may be located or
used for camping in the same location or on the same street on the public right-
of-way for more than five (5) consecutive days. After five (5) consecutive days
a camp facility must be moved to a different named street.
a. A person who is involuntarily homeless may apply to the city manager
for written permission to exceed the length of time restrictions described
above.
b. Factors the city manager may consider in granting permission include
but are not limited to the location of the camp facilities, the person’s
employment status, site conditions, and the person’s connections to
social services and the community.
2. Place: Camping on the public right-of-way is prohibited, regardless of the
availability of shelter space, in the following locations:
a. Adjacent to or immediately across from any parcel or lot containing a
residential dwelling including lots or parcels with multi-household
dwellings;
b. Within 100 feet of a public entrance of any commercial business or non-
profit organization;
c. Adjacent to or immediately across from the boundary of any public
park;
d. Adjacent to or immediately across from any parcel or lot containing
any public or private school, including secondary, elementary, or
preschool, or any lot or parcel containing a daycare;
e. Any location in violation of any posted parking signs or painted curbs
prohibiting parking or otherwise limiting the hours of parking;
f. Within a bike lane, street median, sidewalk, or public pathway or trail.
3. Manner:
a. All camp facilities and their immediate area must be maintained in a
clean and orderly manner. A clean and orderly manner includes, but is
not limited to, all waste, debris and trash must be in a container and
personal items, when not actively being used, must be stored inside a
camp facility.
b. No waste, sewage, debris, trash, personal items, or additional vehicles
or trailers may be discarded of or stored in the right of way.
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c. No fires are permitted within the public right-of-way.
d. Only generators rated not to exceed 60 decibels are permitted to be
operated on the right-of-way. Generators must be stored and located on
a paved surface. Fuel must be in containers designed for the fuel stored
therein.
e. Camping on the paved surface of any street in a tent, tarp, or in only
sleeping bags, blankets, or other rudimentary forms of protection from
the elements, is prohibited.
f. No structures may be built or maintained on the public right-of-way
pursuant to 34.02.050.
Sec. 34.09.030 Violations; penalties
A violation of 34.09.020 shall be a municipal infraction pursuant to Chapter 24, Article 2 of this
Code subject to the following:
A. Each violation of 34.09.020 shall be punishable by a civil penalty of one hundred dollars.
Each day a violation occurs constitutes a separate offense.
B. If unsanitary conditions exist, the city may abate or cause to be abated any waste, debris,
trash, structure, tent, property, or item in the public right-of-way by conspicuously posting
a 72-hour notice of abatement. After the 72-hour notice period, any property remaining
will be considered abandoned and subject to disposal. No notice is required to abate a
condition impeding traffic or when the condition poses an imminent risk to public health
or safety.
C. The city may remove or cause to be removed any camp facility in violation of
34.09.020.C.2 after posting a notice on or near the camp facility for at least 24 hours prior
to removal. No notice is required if the camp facility is impeding traffic or poses an
imminent risk to public health or safety.
D. In the event a camp facility belonging to an involuntarily homeless person is towed or
impounded by the city, no fees will be associated with the first or second towing or
impoundment. In the event the city tows or causes to be towed a camp facility belonging
to an involuntarily homeless person three (3) or more times due to violations of this article,
costs of towing and impoundment may be assessed against the owner.
E. This Article may be enforced by any city law enforcement officer, code enforcement
officer, parking enforcement officer or other employee upon written designation by the city
manager. Determinations regarding abatement or emergency removal without notice shall
be made by the director of transportation and engineering or their designee.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this Ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
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the City of Bozeman not in conflict with the provisions of this Ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification. The provisions of Section 1 shall be codified as appropriate in Chapter 34 of the Bozeman
Municipal Code.
Section 6
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 8th day of August, 2023.
____________________________________
CYNTHIA L. ANDRUS
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Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading at a regular session therefor held on the 22nd day
of August 2023.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
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2023 Street Clean Up Highlights
Street/Areas Cleaned
Iron Horse
Haggerty/Ellis
11th Street between Oak and Baxter
Hemlock
Nelson Meadows and Prince
Max/Kimberwicke / Rawhide Ridge & Davis Quadrant
Dates of Clean Up: May 22 through June 16, 2023 (week of May 22 was pre-clean notification to
urban campers)
Total Clean Up Costs: $51,174
Number of city employee hours worked: 629
Trash collected/disposed: 420 cubic yards of trash
Contacts with urban campers: Approximately 150
Resources
Unhoused on Public Rights of Way
Belonging in Bozeman
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Memorandum
REPORT TO:Economic Vitality Board
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Overview of Senate Bill 382 and Overview of Unified Development Code
Public Review Process in Fall 2023.
MEETING DATE:September 6, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Receive information.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The Bozeman Community Plan 2020 was adopted in November 2020. It is
the City's plan for land use and development. On December 21, 2021, the
City Commission adopted Resolution 5368 [External Link PDF]. The
resolution established priorities for municipal actions over the next two
years. Priorities include replacing the Unified Development Code to
“facilitate increased housing density, housing affordability, climate action
plan objectives, sustainable building practices, and a transparent,
predictable and understandable development review process.” The City
Commission budgeted funds for the work and a contract with Code Studio
was completed in June 2022 to support the City in changing regulations.
Substantial progress has been made on the project and the formal public
review process is beginning.
Bozeman implements land use planning, subdivision, and zoning as
authorized by the State of Montana and adopted existing regulations under
the laws in effect at the time. The Governor signed Senate Bill 382, the
Montana Land Use Planning Act (the Act) on May 17, 2023. The Act changes
the legal framework for land use planning, subdivision, and municipal
zoning. Bozeman must follow the Act in its planning, subdivision, and zoning
activities. A copy of the Act is attached.
Bozeman already uses many of the required practices as part of its daily
activities, but some changes are needed to fully implement the bill. A more
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detailed summary and the full text of the Act are attached. Key elements of
change from the Act include:
1. What state enabling legislation applies for updated and future
regulations.
2. Changing processes and manners of public participation.
3. Required content and extent of planning information to be prepared.
4. Process changes for amendments to zoning map, regulations text, and
land use plan.
5. Changes to development review processes and approval authority for
subdivisions and zoning projects.
6. Changes to review processes for variances and appeals.
The City completed several land use related planning documents in 2020.
Implementation of those plans has been ongoing ever since. The City
Commission approved a contract with Code Studio to assist the City in code
drafting in 2022. The development code process has been adjusted to
account for the new requirements of the Act. A website [External Link] was
created on August 11, 2022, to provide continuous information to the
public, accept public comment, and support interaction and discussion on
ideas. The City Commission conducted six work sessions to evaluate issues
and give direction. Links to those work sessions are attached.
Major areas of changes with the UDC replacement include:
1. Compliance with revised and new state law - These are primarily
process changes and are discussed in the attachment regarding SB
382.
2. Layout and usability enhancements including changed organization,
layout, and increased graphics.
3. Consolidation of residential zoning districts.
4. Sustainability including facilitation of electric vehicle charging, urban
agriculture allowances, support for recycling and composting,
clarification of provisions for solar energy, support for density, local
service commercial, walkability, and bicycle facilities.
5. Revisions and simplification for non-residential parking including some
removal of parking requirements.
6. Revisions to requirements for transportation studies and standards.
The City has conducted continuous and varied outreach to the public on the
code update. As the work moves into the formal public review and decision
process the City continues engaging with the public. A series of public
hearings, public meetings, and other outreach events are scheduled. See the
attached meetings list. Interested persons can also review the recordings
and minutes of previous meetings also attached to this item. The primary
input for the UDC update and replacement came from the adopted growth
policy, community housing action plan, and sustainability plan; each of
which had their own substantial public outreach and inclusion efforts. A
listing of the City Commission work sessions with links to minutes or
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recordings and upcoming key meetings is attached.
The overview and general summary will be presented on September 6, 2023.
A second meeting on October 4, 2023 will follow and request a
recommendation on the draft code. The Economic Vitality Board considered
potential parking changes as part of this Unified Development Code Update.
Please see agenda cover memo (External Link PDF) from the February 1,
2023 agenda.
Areas of relevance to the Economic Vitality Board efforts on housing can be
found in several places in the draft including:
Support for density - This issue appears in many locations and with
many actions. Key elements include 38.210.020 consolidation of
residential zoning districts, 38.210.020 amendment of standards to
remove minimum lot area requirements, 38.210.020 increased
minimum density requirements for residential districts, and Table
38.530.040-4 reduces non-residential parking requirements.
Relaxed residential use and support for density in commercial zoning
districts - This issue appears in many locations and with many actions.
Key elements include 38.220.020-050 amendments of standards to
increase building footprint and/or height, and 38.300.020 relaxed
residential uses in commercial districts.
Relaxed residential use and support for density in industrial zoning
districts - This issue appears in many locations and with many actions.
Key elements include 38.230.020 vertical massing, lot size, and
setbacks, and 38.300.020 more permissible residential uses.
Local service commercial - Density support also facilitates viable local
services within walkable distance, and 38.540.040.B allows an amount
of commercial in mixed use districts to have no parking requirement.
Parking -Table 38.530.040-4 reduces non-residential parking
requirements, 38.540.040.A sets parking requirements in areas with
common funding and management capability to zero, and simplifies all
parking provisions. Non-residential parking – simplified, mixed uses
given more flexibility – Section 38.530.040 and added areas that do
not require minimum parking, removal of parking alternatives –
Section 38.530.040.
Administrative decision maker assigned to all site development
including preliminary plats (required by the Act). - Section 38.700.010
Noticing of individual site development projects reduced to comply
with the Act; noticing for text and map amendments increases. -
Division 38.730
Review of individual site development or subdivision no longer
includes advisory body input (required by the Act). Divisions 38.740
and 38.750.
Input from the Board is requested on the above subjects.
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Creating code requires balancing of many priorities. Code development is an
ongoing process as new issues are identified, new Issue Plans are adopted,
and community needs change. Code work occurring separate from this UDC
replacement includes:
1. Revisions to water conservation standards,
2. Revisions to wetland protection standards,
3. Updating of standards relating to parks and active transportation
following completion of the Parks Recreation and Active Transportation plan
expected to conclude this summer, and
4. Short Term Rentals.
UNRESOLVED ISSUES:The code was released for public review on August 14th through
engage.bozeman.net/udc. Public input is sought on the draft and may
identify unresolved issues. None related to economic development are
known at this time.
ALTERNATIVES:Not applicable
FISCAL EFFECTS:Funds for the UDC update have been budgeted.
Attachments:
Key Dates List - Economic Vitality Advisory Board.pdf
CC Work Sessions List.pdf
SB382_City_Commission_summary_July_25__2023.pdf
SB382_-_Montana_Land_Use_Planning_Act.pdf
Report compiled on: August 30, 2023
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Anticipated Key Dates in Bozeman Unified Development Code Replacement Public Review
Aug 14th – Public Review draft document posted for public access to Engage.Bozeman.net/udc
Aug 23rd -24th – Two in-person open houses for public overview of the draft and questions/answers to
help the public engage with the draft code and understand changes ahead of public hearings.
23rd – Fire Station 3 Community Room – 1705 Vaquero Parkway, 5:30-7 pm
24th – City Hall, City Commission Room – 121 N. Rouse Avenue, 11:30 am – 1:30 pm
August 28th – Code Connect on-line through Engage.Bozeman.net/udc for remote overview and
questions/answers
Economic Vitality Advisory Board
EV Advisory Board – project overview September 6th
EV Board – Discussion and Recommendation October 4th (tentative)
Community Development Board
Public hearings as currently scheduled
Sept 11th Community Development Board – Overview presentation and hearings start
Sept 18th Community Development Board public hearing
Oct 2nd Community Development Board public hearing
Oct 16th Community Development Board vote and recommendation on both map and text
City Commission
Public meetings/hearings as currently scheduled
Oct 24th City Commission – Overview presentation
Nov 14th City Commission public hearing
Nov 21st City Commission public hearing
Nov 28th City Commission public hearing - provisional adoption text and map
Dec 19th City Commission final adoption – text and map
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Work Sessions Information
9/13/2022 City Commission Work Session #1
Meeting minutes [External Link PDF], meeting video beginning at 1:49:24 [External Link Video] –
Formatting and layout recommendations and direction
10/18/2022 City Commission Work Session #2
Meeting minutes [External Link PDF], meeting video beginning at 2:30:23 [External Link Video] –
Residential districts recommendations and direction
11/15/2022 City Commission Work Session #3
Meeting minutes [External Link PDF], meeting video beginning at 3:11:40 [External Link Video] –
Sustainability recommendations and direction
2/14/2023 City Commission Work Session #4
Meeting video beginning at 3:31:30 [External Link Video] – Commercial district and transitions
2/28/2023 City Commission Work Session #5
Meeting video beginning at 2:09:50 [External Link Video] – Discussion and direction on non-residential
parking amendments
4/11/2023 City Commission Work Session #6
Meeting video beginning at 40:29 [External Link Video] – Discussion and direction on transportation
amendments
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Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code
Replacement
Bozeman implements land use planning, subdivision, and zoning as authorized by the State of
Montana. The City adopted zoning in 1934 and adopted its first community master plan in
1958. The City has entirely replaced zoning and subdivision regulations 20 times since initial
adoption. The City again is repealing and readopting the entire zoning regulations and map as
well as its subdivision regulations.
The 2023 Legislature adopted Senate Bill 382, the Montana Land Use Planning Act (the Act)
which took effect immediately upon signing on May 17, 2023. The Act has not yet been codified
so we cannot yet refer to standard statutory citations. Some communities within large counties
must follow the Act and others may choose to. Bozeman is required to follow the Act in its
planning, subdivision, and zoning activities. This agenda item is an overview of the bill and
impacts that will affect the replacement of the Unified Development Code. This will create
many implications for development review practices. Bozeman already uses many of the
required practices as part of its daily activities, but some changes are needed to fully
implement the bill.
1. Per Section 5, paragraph 4, of the Act, Bozeman is no longer subject to Title 76, chapters 1,
2, 3, or 8 MCA once we have adopted regulations in compliance with the Act. This means
the Act has replaced all the governing laws Bozeman has used in the past to establish the
composition, roles, and characteristics of the planning board and growth policy. Such as the
Montana Subdivision and Platting Act and zoning enabling acts. These older statutes have
been in place for at least 50 years, were not well coordinated at the state level, and created
a lot of overlapping review and work for all participants. The intention of the Act is to
coordinate planning and development review actions to prevent duplicative processes and
provide a more seamless review process.
The Act changes the duties of the Community Development Board, removes requirements
for the Community Development Board to consider any subdivision reviews, limits
governing body reviews to only final subdivision plats, removes the existing criteria and
protest provisions for zoning adoption and amendments, changes notice and public
engagement requirements, and other changes.
An additional consequence is various bills in the 2023 Legislature that amend Title 76,
chapters 1, 2, 3, or 8 MCA subdivision and planning enabling legislation do not apply to
Bozeman once SB 382 implementing regulations are adopted. Some elements of those bills
have been included in Senate Bill 382. As the City is required to implement SB 382 there is
some overlap between the different legislation but only to the extent that SB 382 governs.
2. Public participation. Bozeman has a strong culture of public engagement. The City has
established the Engage Bozeman website as an overall engagement portal for large City
projects. Section 6 describes the requirements for public engagement. The methods and
timing of outreach needs to be identified in a public participation plan at the beginning of a
process and can vary by community and subject. This is a much more extensive requirement
than is in the prior enabling acts.
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Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code
Replacement
The Act places substantial emphasis on the public engaging early and often during the
planning process and creation of regulations. Public outreach needs to be an on-going
process during development of plans and regulations. Not all activities require the same
degree of outreach. The exact nature of outreach needs to be the subject of a public
participation plan at the beginning of a process and can vary by community and subject.
The Act requires early identification and evaluation of the impacts of development and
public engagement at the beginning of a review or plan development. Once an issue has
been raised and evaluated then the issue considered settled. Any subsequent application
relying on those findings and conclusions are not subject to further public comment but are
subject to any regulations based on those earlier findings and conclusions.
If an application has impacts greater than expected with the land use and issue plans, notice
is limited to only those impacts and public comment is only received in writing; there are
not public hearings for subdivisions or zoning projects. Sections 22 and 29 describe the
limitations.
3. Land Use and Issue Plans. The Act requires preparation of a Land Use Plan. This replaces the
term growth policy. There are many similarities between the two types of documents. A
Land Use Plan has more detailed content to be addressed. See Section 7, 9-14, and 17 of the
Act for the detailed contents. Section 15 authorizes area plans. These are the same as
neighborhood plans like the Downtown plan and allows more localized analysis. Bozeman’s
planning practice has followed the more detailed approach required in the new statute.
Section 16 authorizes a community to adopt Issue Plans. An issue plan is a separate
document that analyzes a specific subject within the scope of a Land Use Plan and can
provide the needed information for statutory compliance. The City has many of these types
of plans now such as the transportation and sewer facility plans. Those plans continue
forward as currently established. See page 19 of the Bozeman Community Plan 2020 for a
list of these plans and other documents.
As the existing growth policy and facility plans are updated, they will be reviewed and
adopted consistent with the requirements of the Act. One change in this process by the Act
is that the Planning Commission (Community Development Board) has a responsibility to
review all Issue Plans and make a recommendation to the City Commission regarding their
adoption and consistency with the Land Use Plan. The Community Development Board
recently performed this function for the PRAT plan.
4. Encourage development of housing. Housing availability and cost is a nationwide challenge.
Bozeman has been active for many years in working to support construction of all housing
and especially housing at lower cost ranges. Some communities have not materially
updated their development standards for many decades. Section 19 of the Act requires a
local government subject to the Act to include at least five strategies applicable to a
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Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code
Replacement
majority of the jurisdictional area where residential development is permitted. Staff will
provide an analysis with the UDC update identifying which of the strategies have been
selected and to which percentage of the area they apply. Many of the alternatives, like
accessory dwellings, are things that Bozeman has been doing for years. Some options are
issues actively under development as part of the UDC update prior to passage of SB 382.
5. Amendment process changes. The former enabling acts had specific criteria for
amendments to zoning and subdivision regulations that the public and decision makers
have seen many times in staff reports. The zoning criteria were referred to as the Lowe
criteria after a notable court case. None of those criteria carried forward into the Act. New
criteria have been established for zoning and subdivision regulations. These criteria will be
the standards against which the UDC replacement will be evaluated for all future
amendments as well to regulations or zoning map. Sections 21 and 27 contain these
requirements. The law also changes who may initiate amendments.
One key change in the zoning amendment process is that there is no protest provision. The
prior protest provisions gave some members of the community more influence on land use
decisions than others. With removal of the protest provision all input carries the same
weight and must be considered solely on the merits of the information presented. All
decisions to approve or deny any amendment will be a simple majority of the City
Commission.
Public notice and comment during the amendment process is limited only to those areas
not previously settled with adoption of a Land Use Plan or Issue Plan. If the amendment is
consistent with the analysis and conclusions of the earlier documents it is not a proper
subject for public notice or comment per the Act.
6. Development review processes. SB 382 changes development processes so that both
subdivision and zoning site specific reviews are required to be administrative decisions with
no advisory board participation. The planning commission’s role will be limited to the initial
adoption and amendments to the land use plan and development regulations with final
decision by city commission. As noted in item 2 above, public notice for both subdivision
and zoning applications are restricted by the bill. Sections 22 and 29 describe the
limitations.
The City Commission will still be the body that approves final plats. The City Commission
recently approved amendments to Chapter 2, BMC that allows the City Manager to accept
and grant easements. This has simplified review processes.
The Act requires that a Land Use Plan include a future land use map for areas where growth
outside of the City is expected. The Bozeman Community Plan 2020 already has this map.
Zoning to implement the future land use map is required even though it may not be in
effect until annexation is completed. The draft regulations are expected to include
designated districts that will be applicable upon annexation without further action to
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Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code
Replacement
amend the zoning map. This action will substantially speed up the process of annexing
property and will provide greater predictability to all. If an applicant wishes a different
zoning district they can apply for a different district in conjunction with the annexation
application.
7. Variances. The required criteria and process for variances, both subdivision and zoning,
have been completely replaced and are now the same for both processes. Floodplains
continue to have some criteria unique to them. A board of adjustment is no longer allowed
to consider variances. All variances are now administrative reviews subject to the standard
appeal processes. Variances do not require public hearings and may or may not require
public notices depending on whether it is determined that the variance is within the
impacts identified with prior planning work.
Variances are still subject to high scrutiny and criteria to ensure they are only used
appropriately. The standards and procedures for variances in the Act do not affect the
deviation and departure processes that are uniquely Bozeman creations and are adopted
for different reasons than variances.
8. Appeals. State law now provides a more complete process description for review of appeals.
The board of adjustment is abandoned and no longer hears appeals. Appeals now have two
administrative steps from the planning administrator (Director of Community Development)
to the Planning Commission, and from the Planning Commission to the City Commission. As
with current law, appeals from the City Commission go to District Court.
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AN ACT CREATING THE MONTANA LAND USE PLANNING ACT; REQUIRING CITIES THAT MEET
CERTAIN POPULATION THRESHOLDS TO UTILIZE THE LAND USE PLAN, MAP, ZONING REGULATIONS,
AND SUBDIVISION REGULATIONS PROVIDED IN THE ACT; ALLOWING OTHER LOCAL GOVERNMENTS
THE OPTION TO UTILIZE THE PROVISIONS OF THE ACT; REQUIRING PUBLIC PARTICIPATION DURING
THE DEVELOPMENT, ADOPTION, OR AMENDMENT OF A LAND USE PLAN, MAP, ZONING
REGULATION, OR SUBDIVISION REGULATION; PROVIDING STRATEGIES TO MEET POPULATION
PROJECTIONS; PROVIDING FOR CONSIDERATION OF FACTORS SUCH AS HOUSING, LOCAL
FACILITIES, ECONOMIC DEVELOPMENT, NATURAL RESOURCES, ENVIRONMENT, AND NATURAL
HAZARDS WHEN DEVELOPING A LAND USE PLAN, MAP, AND ZONING REGULATION; PROVIDING FOR
A PROCEDURE TO REVIEW SUBDIVISIONS AND APPROVE FINAL PLATS; PROVIDING FOR A LOCAL
GOVERNING BODY TO COLLECT FEES; PROVIDING AN APPEALS PROCESS, ENFORCEMENT
MECHANISMS, AND PENALTIES; PROVIDING DEFINITIONS; REPEALING SECTIONS 7-21-1001, 7-21-
1002, AND 7-21-1003, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY
DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Short Title. [Sections 1 through 38] may be cited as the "Montana Land Use Planning
Act".
Section 2. Legislative purpose, findings, and intent. (1) It is the purpose of [sections 1 through 38]
to promote the health, safety, and welfare of the people of Montana through a system of comprehensive
planning that balances private property rights and values, public services and infrastructure, the human
environment, natural resources, and recreation, and a diversified and sustainable economy.
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(2) The legislature finds that coordinated and planned growth will encourage and support:
(a) sufficient housing units for the state's growing population that are attainable for citizens of all
income levels;
(b) the provision of adequate public services and infrastructure in the most cost-effective manner
possible, shared equitably among all residents, businesses, and industries;
(c) the natural environment, including wildlife and wildlife habitat, sufficient and clean water, and
healthy air quality;
(d) agricultural, forestry, and mining lands for the production of food, fiber, and minerals and their
economic benefits;
(e) the state's economy and tax base through job creation, business development, and the
revitalization of established communities;
(f) persons, property, infrastructure, and the economy against natural hazards, such as flooding,
earthquake, wildfire, and drought; and
(g) local consideration, participation, and review of plans for projected population changes and
impacts resulting from those plans.
(3) It is the legislature’s intent that the comprehensive planning authorized in [sections 1 through
38]:
(a) provides the broadest and most comprehensive level of collecting data, identifying and
analyzing existing conditions and future opportunities and constraints, acknowledging and addressing the
impacts of development on each jurisdiction, and providing for broad public participation;
(b) serves as the basis for implementing specific land use regulations that are in substantial
compliance with the local land use plan;
(c) provides for local government approval of development proposals in substantial compliance
with the land use plan, based on information, analysis, and public participation provided during the development
and adoption of the land use plan and implementing regulations; and
(d) allows for streamlined administrative review decisionmaking for site-specific development
applications.
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Section 3. Definitions. As used in [sections 1 through 38], unless the context or subject matter
clearly requires otherwise, the following definitions apply:
(1) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest,
as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the
decision.
(2) "Applicant" means a person who seeks a land use permit or other approval of a development
proposal.
(3) “Built environment” means man-made or modified structures that provide people with living,
working, and recreational spaces.
(4) “Cash-in-lieu donation" is the amount equal to the fair market value of unsubdivided,
unimproved land.
(5) "Certificate of survey" means a drawing of a field survey prepared by a registered surveyor for
the purpose of disclosing facts pertaining to boundary locations.
(6) "Dedication" means the deliberate appropriation of land by an owner for any general and public
use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the
public use to which the property has been devoted.
(7) "Division of land" means the segregation of one or more parcels of land from a larger tract held
in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly
filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to
[sections 1 through 38]. The conveyance of a tract of record or an entire parcel of land that was created by a
previous division of land is not a division of land.
(8) "Dwelling " means a building designed for residential living purposes, including single-unit, two-
unit, and multi-unit dwellings.
(9) "Dwelling unit" means one or more rooms designed for or occupied exclusively by one
household.
(10) “Examining land surveyor" means a registered land surveyor appointed by the governing body
to review surveys and plats submitted for filing.
(11) "Final plat" means the final drawing of the subdivision and dedication required by [sections 1
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through 38] to be prepared for filing for record with the county clerk and recorder and containing all elements
and requirements set forth in [sections 1 through 38] and in regulations adopted pursuant to [sections 1 through
38].
(12) "Four-unit dwelling" or "fourplex" means a building designed for four attached dwelling units in
which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be
gained between the units through an internal doorway, excluding common hallways.
(13) "Immediate family" means a spouse, children by blood or adoption, and parents.
(14) "Irrigation district" means a district established pursuant to Title 85, chapter 7.
(15) "Jurisdictional area" or "jurisdiction" means the area within the boundaries of the local
government. For municipalities, the term includes those areas the local government anticipates may be
annexed into the municipality over the next 20 years.
(16) “Land use permit” means an authorization to complete development in conformance with an
application approved by the local government.
(17) “Land use plan” means the land use plan and future land use map adopted in accordance with
[sections 1 through 38].
(18) “Land use regulations” means zoning, zoning map, subdivision, or other land use regulations
authorized by state law.
(19) “Local governing body” or "governing body" means the elected body responsible for the
administration of a local government.
(20) “Local government” means a county, consolidated city-county, or an incorporated municipality
to which the provisions of [sections 1 through 38] apply as provided in [section 5].
(21) "Manufactured housing" means a dwelling for a single household, built offsite in a factory that is
in compliance with the applicable prevailing standards of the United States department of housing and urban
development at the time of its production. A manufactured home does not include a mobile home or
housetrailer, as defined in 15-1-101.
(22) “Ministerial permit” means a permit granted upon a determination that a proposed project
complies with the zoning map and the established standards set forth in the zoning regulations. The
determination must be based on objective standards, involving little or no personal judgment, and must be
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issued by the planning administrator.
(23) "Multi-unit dwelling" means a building designed for five or more attached dwelling units in which
the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained
between the units through an internal doorway, excluding common hallways.
(24) "Permitted use" means a use that may be approved by issuance of a ministerial permit.
(25) “Planning administrator” means the person designated by the local governing body to review,
analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other
development applications as required in [sections 1 through 38].
(26) "Plat" means a graphical representation of a subdivision showing the division of land into lots,
parcels, blocks, streets, alleys, and other divisions and dedications.
(27) "Preliminary plat" means a neat and scaled drawing of a proposed subdivision showing the
layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a
governing body.
(28) "Public utility" has the meaning provided in 69-3-101, except that for the purposes of [sections
1 through 38], the term includes a county water or sewer district as provided for in Title 7, chapter 13, parts 22
and 23, and municipal sewer or water systems and municipal water supply systems established by the
governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44.
(29) "Single-room occupancy development" means a development with dwelling units in which
residents rent a private bedroom with a shared kitchen and bathroom facilities.
(30) "Single-unit dwelling" means a building designed for one dwelling unit that is detached from any
other dwelling unit.
(31) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision
of land.
(32) "Subdivision" means a division of land or land so divided that it creates one or more parcels
containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States
government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise
transferred and includes any resubdivision and a condominium. The term also means an area, regardless of its
size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or
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mobile homes will be placed.
(33) "Subdivision guarantee" means a form of guarantee that is approved by the commissioner of
insurance and is specifically designed to disclose the information required in [section 34].
(34) "Tract of record" means an individual parcel of land, irrespective of ownership, that can be
identified by legal description, independent of any other parcel of land, using documents on file in the records of
the county clerk and recorder's office.
(35) "Three-unit dwelling" or "triplex" means a building designed for three attached dwelling units in
which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be
gained between the units through an internal doorway, excluding common hallways.
(36) "Two-unit dwelling" or "duplex" means a building designed for two attached dwelling units in
which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be
gained between the units through an internal doorway.
Section 4. Planning commission. (1) (a) Each local government shall establish, by ordinance or
resolution, a planning commission.
(b) Any combination of local governments may create a multi-jurisdiction planning commission or
join an existing commission pursuant to an interlocal agreement.
(c) (i) Any combination of legally authorized planning boards, zoning commissions, planning and
zoning commissions, or boards of adjustment existing prior to [the effective date of this act] may be considered
duly constituted under [sections 1 through 38] as a planning commission by agreement of the governing bodies
of each jurisdiction represented on the planning commission.
(ii) If more than one legally authorized planning board, zoning commission, or planning and zoning
commission exists within a jurisdiction, the governing bodies of each jurisdiction may agree to:
(A) designate, combine, consolidate, or modify one or more of the authorized boards or
commissions as the planning commission; or
(B) create a new planning commission pursuant to this section and disband the existing boards
and commissions.
(2) (a) (i) Each planning commission must consist of an odd number of no fewer than three voting
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members who are confirmed by majority vote of each local governing body.
(ii) Each jurisdiction must be equally represented in the membership of a multi-jurisdiction planning
commission.
(b) The planning commission shall meet at least once every 6 months.
(c) Minutes must be kept of all meetings of the planning commission and all meetings and records
must be open to the public.
(d) A majority of currently appointed voting members of the planning commission constitutes a
quorum. A quorum must be present for the planning commission to take official action. A favorable vote of at
least a majority of the quorum is required to authorize an action at a regular or properly called special meeting.
(e) The ordinance, resolution, or interlocal agreement creating the planning commission must set
forth the requirements for appointments, terms, qualifications, removal, vacancies, meetings, notice of
meetings, officers, reimbursement of costs, bylaws, or any other requirement determined necessary by the local
governing body.
(3) (a) Except as set forth in subsection (3)(b), the planning commission shall review and make
recommendations to the local governing body regarding the development, adoption, amendment, review, and
approval or denial of the following documents:
(i) the land use plan and future land use map as provided in [section 7];
(ii) zoning regulations and map as provided in [sections 18 through 24];
(iii) subdivision regulations as provided in [sections 25 through 34]; and
(iv) any other legislative land use planning document the local governing body designates.
(b) In accordance with [section 37], the planning commission shall hear and decide appeals from
any site-specific land use decisions made by the planning administrator pursuant to the adopted regulations
described in subsection (3)(a). Decisions of the planning commission may be appealed to the local governing
body as provided in [section 37].
(4) The planning commission may be funded pursuant to 76-1-403 and 76-1-404.
Section 5. Applicability and compliance. (1) A municipality with a population at or exceeding 5,000
located within a county with a population at or exceeding 70,000 in the most recent decennial census shall
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comply with the provisions of [sections 1 through 38].
(2) (a) Except as provided in subsection (2)(b), any municipality that meets the population
thresholds of subsection (1) on [the effective date of this act] shall comply with the provisions of [sections 1
through 38] within 3 years of [the effective date of this act].
(b) A municipality that has adopted a growth policy within 5 years prior to [the effective date of this
act] shall comply with the provisions of [sections 1 through 38] within 5 years of the date that the growth policy
was adopted or within the deadline established in subsection (2)(a), whichever occurs later.
(c) A municipality that meets the population thresholds of subsection (1) on any decennial census
completed after [the effective date of this act] shall comply with the provisions of [sections 1 through 38] by
December 31 of the third year after the date of the decennial census.
(3) (a) A local government that is not required to comply with the provisions of [sections 1 through
38] may decide to comply with the provisions of [sections 1 through 38] by an affirmative vote of the local
governing body. After an affirmative vote, the governing body shall comply with the provisions of [sections 1
through 38] by December 31 of the fifth year after the date of the vote.
(b) A local government that votes pursuant to subsection (3)(a) to comply with the provisions of
[sections 1 through 38] may subsequently decide to not comply with the provisions of [sections 1 through 38] by
an affirmative vote.
(4) A local government that complies with [sections 1 through 38] is not subject to any provision of
Title 76, chapters 1, 2, 3, or 8.
Section 6. Public participation. (1) (a) A local government shall provide continuous public
participation when adopting, amending, or updating a land use plan or regulations pursuant to [sections 1
through 38].
(b) Public participation in the adoption, amendment, or update of a land use plan or implementing
regulations must provide for, at a minimum:
(i) dissemination of draft documents;
(ii) an opportunity for written and verbal comments;
(iii) public meetings after effective notice;
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(iv) electronic communication regarding the process, including online access to documents,
updates, and comments; and
(v) an analysis of and response to public comments.
(2) A local government shall document and retain all public outreach and participation performed
as part of the administrative record in accordance with the retention schedule published by the secretary of
state.
(3) (a) A local government may decide the method for providing:
(i) general public notice and participation in the adoption, amendment, or update of a land use
plan or regulation; and
(ii) notice of written comment on applications for land use permits pursuant to [sections 1 through
38].
(b) All notices must clearly specify the nature of the land use plan or regulation under
consideration, what type of comments the local government is seeking from the public, and how the public may
participate.
(c) The local government shall document what methods it used to provide continuous participation
in the development, adoption, or update of a land use plan or regulation and shall document all comments
received.
(d) The department of commerce established in 2-15-1801 and functioning pursuant to 90-1-103
shall develop a list of public participation methods and best practices for use by local governments in
developing, adopting, or updating a land use plan or regulations.
(4) Throughout the adoption, amendment, or update of the land use plan or regulation processes,
a local government shall emphasize that:
(a) the land use plan is intended to identify the opportunities for development of land within the
planning area for housing, businesses, agriculture, and the extraction of natural resources, while
acknowledging and addressing the impacts of that development on adjacent properties, the community, the
natural environment, public services and facilities, and natural hazards;
(b) the process provides for continuous and extensive public notice, review, comment, and
participation in the development of the land use plan or regulation;
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(c) the final adopted land use plan, including amendments or updates to the final adopted land use
plan, comprises the basis for implementing land use regulations in substantial compliance with the land use
plan; and
(d) the scope of and opportunity for public participation and comment on site-specific development
in substantial compliance with the land use plan must be limited only to those impacts or significantly increased
impacts that were not previously identified and considered in the adoption, amendment, or update of the land
use plan, zoning regulations, or subdivision regulations.
(5) The local governing body shall adopt a public participation plan detailing how the local
government will meet the requirements of this section.
Section 7. Adoption or amendment of land use plan and future land use map. (1) The local
governing body shall adopt or amend by resolution a land use plan and future land use map in accordance with
[sections 7 through 17] only after consideration by and on the recommendation of the planning commission.
(2) Prior to making a recommendation to the governing body to adopt or amend a land use plan
and future land use map, the planning commission shall:
(a) provide public notice and participation in accordance with [section 6]; and
(b) accept, consider, and respond to public comment on the proposed land use plan and future
land use map. All public comment must be part of the administrative record transmitted to the governing body.
(3) After meeting the requirements of subsection (2), the planning commission shall make a final
recommendation to the governing body to adopt, modify, or reject the proposed land use plan and future land
use map or any amendment to the proposed land use plan and future land use map.
(4) The governing body shall incorporate any existing neighborhood, area, or plans adopted
pursuant to Title 76, chapter 1, that meet the requirements of [sections 1 through 38] into the land use plan and
future land use map.
(5) (a) The governing body shall consider the recommendation of the planning commission to
adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the
proposed land use plan and future land use map.
(b) After providing public notice and participation in accordance with [section 6], the governing
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body may adopt, with any revisions the local governing body considers appropriate, or reject the land use plan
and future land use map or any amendment to the proposed land use plan and future land use map proposed
by the planning commission.
(6) An amendment to a land use plan or future land use map may be initiated:
(a) by majority vote of the governing body;
(b) on petition of at least 15% of the electors of the local government jurisdiction to which the plan
applies, as registered at the last general election; or
(c) by a property owner applying for a zoning, subdivision, or other land use permit.
(7) (a) After the initiation of an amendment to a land use plan or future land use map allowed in
subsection (6), the planning commission shall make a preliminary determination of whether the proposed land
use plan or future land use map amendment results in new or increased impacts to or from local facilities,
services, natural resources, natural environment, or natural hazards from those previously described and
analyzed in the assessment conducted in the development of the land use plan.
(b) If the planning commission finds new or increased impacts from the proposed land use plan or
future land use map amendment, the local government shall collect additional data and conduct additional
analysis necessary to provide the planning commission with the opportunity to consider all potential impacts
resulting from the amendment before proceeding under subsection (2).
(8) The governing body may not amend the land use plan or future land use map unless:
(a) the amendment is found in substantial compliance with the land use plan; and
(b) the potential impacts resulting from development in substantial compliance with the proposed
amendment have been made available for public review and comment and have been fully considered by the
governing body.
Section 8. Update of land use plan or future land use map. (1) After a local government adopts a
land use plan and future land use map in accordance with [section 7], the land use plan and future land use
map must be reviewed by the planning commission every fifth year after adoption to determine whether an
update to the land use plan and future land use map must be performed. The planning commission shall:
(a) make a preliminary determination regarding the existence of new or increased impacts to or
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from local facilities, services, natural resources, natural environment, or natural hazards from those previously
described and analyzed when the land use plan and future land use map were previously adopted;
(b) provide public notice and participation in accordance with [section 6]; and
(c) accept, consider, and respond to public comment on the review of the land use plan and future
land use map. All public comment must be part of the administrative record transmitted to the governing body.
(2) (a) If the planning commission finds new or increased impacts under subsection (1), the
planning commission shall recommend an update to the land use plan, future land use map, or both.
(b) If the planning commission finds no new or increased impacts under subsection (1), the
planning commission shall make a recommendation to the governing body that no update to the land use plan
or future land use map is necessary.
(3) After receiving the recommendation of the planning commission, the governing body may direct
that an update of the land use plan, future land use map, or both be completed or may readopt the current land
use plan, future land use map, or both.
(4) (a) In developing, drafting, and considering an update to the land use plan or future land use
map, the planning commission shall follow the process set forth in [section 7] with respect to the changes
proposed to the land use plan or future land use map.
(b) If the planning commission finds new or increased impacts resulting from the land use plan or
future land use map, the local government shall collect additional data and conduct additional analysis
necessary to provide the governing body and the public with the opportunity to comment on and consider all
potential impacts resulting from an update to the land use plan or future land use map.
(5) At any time before an update is required after a review under subsection (1), the local
governing body may direct that an update to the land use plan or future land use map be prepared for
consideration by the planning commission and for recommendation to the governing body.
(6) Once an update to the land use plan or future land use map is adopted or the land use plan or
future land use map is readopted, the information and analysis contained within the land use plan and future
land use map must be considered accurate for the purposes of making site-specific development decisions in
substantial compliance with the land use plan and future land use map.
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Section 9. Existing conditions and population projections. (1) The land use plan must include, at
a minimum, inventories and descriptions of existing conditions of housing, local services and facilities,
economic development, natural resources, environment, and hazards, and land use within the jurisdictional
boundaries of the land use plan.
(2) As set forth in [sections 10 through 17], the land use plan must include, at minimum, a
description, map, and analysis of how the jurisdiction will accommodate its projected population over the next
20 years and the expected impacts of the development in the areas of housing, local services and facilities,
economic development, natural resources, environment, and hazards.
(3) The inventories and descriptions in the plan must be based on up-to-date surveys, maps,
diagrams, charts, descriptive material, studies, and reports necessary to explain and supplement the analysis of
each section of the land use plan.
(4) (a) A jurisdiction shall use demographics provided by:
(i) the most recent decennial census or census estimate of the United States census bureau; and
(ii) population projections for a 20-year period based on permanent and seasonal population
estimates:
(A) provided by demographics published by the department of commerce;
(B) generated by the local government; or
(C) produced by a professional firm specializing in projections.
(b) When a population projection is not available, population projections for the jurisdiction must be
reflective of the area’s proportional share of the total county population and the total county population growth.
Section 10. Housing. (1) A local governing body shall identify and analyze existing and projected
housing needs for the projected population of the jurisdiction and provide regulations that allow for the
rehabilitation, improvement, or development of the number of housing units needed, as identified in the land
use plan and future land use map, including:
(a) a quantification of the jurisdiction’s existing and projected needed housing types, including
location, age, condition, and occupancy required to accommodate existing and estimated population
projections;
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(b) an inventory of sites, including zoned, unzoned, vacant, underutilized, and potential
redevelopment sites, available to meet the jurisdiction's needed housing types;
(c) an analysis of any constraints to housing development, such as zoning, development
standards, and infrastructure needs and capacity, and the identification of market-based incentives that may
affect or encourage the development of needed housing types; and
(d) a detailed description of what actions the jurisdiction may take to accommodate the projected
needed housing types identified in subsection (1)(a).
(2) The housing section of the land use plan and future land use map may incorporate by
reference any information or policies identified in other housing needs assessments adopted by the governing
body.
(3) If, after performing the analysis required in subsection (1), the local government determines
that the total needed housing types may not be met due to lack of resources, development sites, infrastructure
capacity, or other documented constraints, the local government shall establish the minimum number of
housing units that may be rehabilitated, improved, or developed within the jurisdiction over the 20-year planning
period and the actions the local government may take to remove constraints to the development of those units
over that period.
(4) Progress toward the construction of the housing units identified as needed to meet projected
housing needs during the 20-year planning period of the land use plan must be documented at each fifth year
review of the land use plan as required in [section 8].
(5) The amount of detail provided in the analysis beyond the minimum criteria established in this
section is at the discretion of the local governing body.
Section 11. Local services and facilities. (1) The land use plan must:
(a) determine the existing and anticipated levels of public safety and emergency services
necessary to serve the projected population of the jurisdiction, including law enforcement, fire protection,
emergency management system agencies, and local health care organizations;
(b) contain an inventory and map of existing fire protection, law enforcement, and emergency
service jurisdictional areas and anticipated response times, a description of mutual aid or cooperative service
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agreements, and the location of hospitals or clinics in the jurisdiction;
(c) identify capital and service improvements for fire, law enforcement, emergency services, and
health services for the jurisdictional area necessary to meet the projected population;
(d) determine the existing capacity, existing deficiencies, planned expansion, and anticipated
levels of utility services necessary to serve the projected population in the jurisdiction, including water,
wastewater, and storm water systems, solid waste disposal, and other utility services, as identified by the local
government;
(e) contain an inventory and map of all utility service areas, system networks, and facilities;
(f) identify local utility capital and service improvements for the jurisdictional area necessary to
meet the projected population;
(g) determine the existing capacity, existing deficiencies, planned expansion, and anticipated
improvements to the transportation network serving the jurisdictional area necessary to serve the projected
population in the jurisdiction;
(h) contain an inventory and classification map of all existing and planned roads within the
jurisdictional area, including major highways, secondary highways, and local routes, all non-motorized routes,
including bike lanes and pedestrian thoroughfares, and all public transit systems and facilities; and
(i) identify planned capital and service transportation improvements necessary to serve the
projected population.
(2) The local government shall:
(a) coordinate with school districts within the jurisdiction to determine the existing capacity of,
planned expansion of, and anticipated improvements necessary for the local K-12 school system to serve the
projected population in the jurisdiction; and
(b) request that the local school district provide any inventory and maps of existing K-12
educational facilities within the jurisdictional area and identify any capital and service improvements necessary
to meet the projected population.
(3) The local government may include an analysis of existing capacity and service levels, planned
expansions of, and anticipated improvements necessary to provide other services to the projected population in
the jurisdiction.
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(4) The local government may incorporate by reference any information or policies identified in
other relevant local services or facilities assessments adopted by the local governing body, such as a capital
improvements plan or an impact fee study.
(5) The amount of detail provided in the analysis beyond the minimum criteria established in this
section is at the discretion of the local governing body.
Section 12. Economic development. (1) The land use plan must:
(a) assess existing and potential commercial, industrial, small business, and institutional
enterprises in the jurisdiction, including the types of sites and supporting services needed by the enterprises;
(b) summarize job composition and trends by industry sector, including existing labor force
characteristics and future labor force requirements, for existing and potential enterprises in the jurisdiction;
(c) assess the extent to which local characteristics, assets, and resources support or constrain
existing and potential enterprises, including access to transportation to market goods and services, and assess
historic, cultural, and scenic resources and their relationship to private sector success in the jurisdiction;
(d) inventory sites within the jurisdiction, including zoned, unzoned, vacant, underutilized, and
potentially redeveloped sites, available to meet the jurisdiction’s economic development needs;
(e) assess the adequacy of existing and projected local facilities and services, schools, housing
stock, and other land uses necessary to support existing and potential commercial, industrial, and institutional
enterprises; and
(f) assess the financial feasibility of supporting anticipated economic growth in the jurisdiction.
(2) The local government may incorporate by reference any information or policies identified in
other relevant economic development assessments.
(3) The amount of detail provided in the analysis beyond the minimum criteria established in this
section is at the discretion of the local governing body.
Section 13. Natural resources, environment, and hazards. (1) The land use plan must:
(a) include inventories and maps of natural resources within the jurisdiction, including but not
limited to agricultural lands, agricultural water user facilities, minerals, sand and gravel resources, forestry
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lands, and other natural resources identified by the local government;
(b) describe the natural resource characteristics of the jurisdictional area, including a summary of
historical natural resource utilization, data on existing utilization, and projected future trends;
(c) include an inventory, maps, and description of the natural environment of the jurisdictional
area, including a summary of important natural features and the conditions of and real and potential threats to
soils, geology, topography, vegetation, surface water, groundwater, aquifers, floodplains, scenic resources,
wildlife, wildlife habitat, wildlife corridors, and wildlife nesting sites within the jurisdiction; and
(d) include maps of, identify factors related to, and describe natural hazards within the jurisdictional
area, including flooding, fire, earthquakes, steep slopes and other known geologic hazards and other natural
hazards identified by the jurisdiction, with a summary of past significant events resulting from natural hazards
that includes:
(i) a description of land use constraints resulting from natural hazards;
(ii) a description of the efforts that have been taken within the local jurisdiction to mitigate the
impact of natural hazards; and
(iii) a description of the role that natural resources and the environment play in the local economy.
(2) The local government may incorporate by reference any information or policies identified in
other relevant assessments of natural resources, environment, or hazards.
(3) The amount of detail provided in the analysis beyond the minimum criteria established in this
section is at the discretion of the local governing body.
Section 14. Land use and future land use map. (1) A land use plan must include a future land use
map and a written description of the proposed general distribution, location, and extent of residential,
commercial, mixed, industrial, agricultural, recreational, and conservation uses of land and other categories of
public and private uses, as determined by the local government.
(2) The future land use map must reflect the anticipated and preferred pattern and intensities of
development for the jurisdiction over the next 20 years, based on the information, analysis, and public input
collected, considered, and relevant to the population projections for and economic development of the
jurisdiction and the housing and local services needed to accommodate those projections, while acknowledging
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and addressing the natural resource, environment, and natural hazards of the jurisdiction.
(3) The future land use map may not confer any authority to regulate what is not otherwise
specifically authorized in [sections 1 through 38].
(4) The future land use map and the written description must include:
(a) a statement of intent describing the jurisdiction’s applicable zoning, subdivision, and other land
use regulations;
(b) descriptions of existing and future land uses, including:
(i) categories of public and private use;
(ii) general descriptions of use types and densities of those uses;
(iii) general descriptions of population; and
(iv) other aspects of the built environment;
(c) geographic distribution of future land uses in the jurisdiction, anticipated over a 20-year
planning period that specifically demonstrate:
(i) adequate land to support the projected population in all land use types in areas where local
services can be adequately and cost-effectively provided for that population;
(ii) adequate sites to accommodate the type and supply of housing needed for the projected
population; and
(iii) areas of the jurisdiction that are not generally suitable for development and the reason, based
on the constraints identified through the land use plan analysis;
(d) a statement acknowledging areas within the jurisdiction known to be subject to covenants,
codes, and restrictions that may limit the type, density, or intensity of housing development projected in the
future land use map; and
(e) areas of or adjacent to the jurisdiction subject to increased growth pressures, higher
development densities, or other urban development influences.
(5) To the greatest extent possible, local governments shall create compatibility in the land use
plans and future land use map in those areas identified in subsection (4)(e).
(6) The land use plan may:
(a) provide information required by a federal land management agency for the local governing
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body to establish or maintain coordination or cooperating agency status; and
(b) incorporate by reference any information or policies identified in other relevant assessments
adopted by the local governing body, such as a pre-disaster mitigation plan or wildfire protection plan.
(7) The amount of detail provided in the analysis beyond the minimum criteria established in this
section is at the discretion of the local governing body.
Section 15. Area plans. (1) A local governing body may adopt area plans for a portion of the
jurisdiction to provide a more localized analysis of all or any part of a land use plan. An area plan may include
but is not limited to a neighborhood plan, a corridor plan, or a subarea plan.
(2) The adoption, amendment, or update of an area plan must follow the same process as a land
use plan provided for in [sections 7 through 17] and may be adopted as an amendment to the land use plan.
(3) The area plan must be in substantial compliance with the land use plan. To the extent an area
plan is inconsistent with the land use plan, the land use plan controls.
Section 16. Issue plans. (1) A local governing body may adopt issue plans for all or part of a
jurisdiction that provide a more detailed or thorough analysis for any component of the land use plan.
(2) The adoption, amendment, or update of an issue plan must follow the same process as a land
use plan provided for in [sections 7 through 17].
(3) If an issue plan covers the jurisdictional area of the land use plan, the issue plan may serve as
the detailed analysis required in the land use plan.
Section 17. Implementation. (1) The land use plan and future land use map is not a regulatory
document and must include an implementation section that:
(a) establishes meaningful and predictable implementation measures for the use and development
of land within the jurisdiction based on the contents of the land use plan and future land use map;
(b) provides meaningful direction for the content of more detailed land use regulations and future
land use maps; and
(c) requires identification of those programs, activities, actions, or land use regulations that may be
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part of the overall strategy of the jurisdiction for implementing the land use plan.
(2) The implementation section of the land use plan must include:
(a) if the local jurisdiction does not have current zoning regulations, a schedule by which zoning
regulations and a zoning map will be adopted in accordance with the deadlines set forth in [section 5];
(b) if the local jurisdiction has current zoning regulations, an analysis of whether any
inconsistencies exist between current zoning regulations and the land use plan and future land use map,
including a map of the inconsistencies. If inconsistencies exist, the local government shall identify:
(i) specific implementation actions necessary to amend the zoning regulations and the zoning
map to bring the zoning regulations and zoning map into substantial compliance with the land use plan and
future land use map;
(ii) a schedule for amending the zoning regulations and zoning map to be in substantial
compliance with the land use plan and future land use map, in accordance with the deadlines set forth in
[section 5];
(iii) a schedule for adopting a capital improvements program or for amending an existing capital
improvements program to be in substantial compliance with the land use plan and future land use map;
(iv) a schedule for expanding or replacing public facilities and the anticipated costs and revenue
sources proposed to meet those costs, which must be reflected in a jurisdiction’s capital improvement program;
(v) if applicable, a schedule for updating the plan for extension of services required in 7-2-4732 to
be in substantial compliance with the land use plan; and
(vi) a schedule for implementing any other specific actions necessary to achieve the components of
the land use plan, including a timeframe or prioritization of each specific public action; and
(c) procedures for monitoring and evaluating the local government’s progress toward meeting the
implementation schedule.
Section 18. Authority to adopt local zoning regulations. (1) (a) A local government subject to
[sections 1 through 38], within its respective jurisdiction, has the authority to and shall regulate the use of land
in substantial compliance with its adopted land use plan by adopting zoning regulations.
(b) The governing body of a county or city has the authority to adopt zoning regulations in
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accordance with [sections 18 through 24] by an ordinance that substantially complies with 7-5-103 through 7-5-
107.
(c) A municipality shall adopt zoning regulations for the portions of the jurisdictional area outside of
the boundaries of the municipality that the governing body anticipates may be annexed into the municipality
over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, zoning regulations on
property outside the municipal boundaries may not apply or be enforced until those areas are annexed or are
being annexed into the municipality.
(2) Local zoning regulations authorized in subsection (1) include but are not limited to ordinances
prescribing the:
(a) uses of land;
(b) density of uses;
(c) types of uses;
(d) size, character, number, form, and mass of structures; and
(e) development standards mitigating the impacts of development, as identified and analyzed
during the land use planning process and review and adoption of zoning regulations pursuant to [sections 1
through 38].
(3) The local government shall incorporate any existing zoning regulations adopted pursuant to
Title 76, chapter 2, into the zoning regulations meeting the requirements of [sections 1 through 38].
(4) The local government shall adopt a zoning map for the jurisdiction in substantial compliance
with the land use plan and future land use map and the zoning regulations adopted pursuant to this section,
graphically illustrating the zone or zones that a property within the jurisdiction is subject to.
(5) The local government may provide for the issuance of permits as may be necessary for the
implementation of [sections 1 through 38].
(6) (a) The zoning regulations and map must identify areas that may necessitate the denial of a
development or a specific type of development, such as unmitigable natural hazards, insufficient water supply,
inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds
for the supply of the services.
(b) The regulations must prohibit development in the areas identified in subsection (6)(a) unless
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the hazards or impacts may be eliminated or overcome by approved construction techniques or other mitigation
measures identified in the zoning regulations.
(c) Approved construction techniques or other mitigation measures described in subsection (6)(b)
may not include building regulations as defined in 50-60-101 other than those identified by the department of
labor and industry as provided in 50-60-901.
(7) The zoning regulations and map must mitigate the hazards created by development in areas
located within the floodway of a flood of 100-year frequency, as defined by Title 76, chapter 5, or determined to
be subject to flooding by the governing body. If the hazards cannot be mitigated, the zoning regulations and
map must identify those areas where future development is limited or prohibited.
(8) The zoning regulations must allow for the continued use of land or buildings legal at the time
that any zoning regulation, map, or amendment thereto is adopted, but the local government may provide
grounds for discontinuing nonconforming uses based on changes to or abandonment of the use of the land or
buildings after the adoption of a zoning regulation, map, or amendment.
Section 19. Encouragement of development of housing. (1) The zoning regulations authorized in
[section 18] must include a minimum of five of the following housing strategies, applicable to the majority of the
area, where residential development is permitted in the jurisdictional area:
(a) allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted;
(b) zone for higher density housing near transit stations, places of employment, higher education
facilities, and other appropriate population centers, as determined by the local government;
(c) eliminate or reduce off-street parking requirements to require no more than one parking space
per dwelling unit;
(d) eliminate impact fees for accessory dwelling units or developments that include multi-unit
dwellings or reduce the fees by at least 25%;
(e) allow, as a permitted use, for at least one internal or detached accessory dwelling unit on a lot
with a single-unit dwelling occupied as a primary residence;
(f) allow for single-room occupancy developments;
(g) allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted;
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(h) eliminate minimum lot sizes or reduce the existing minimum lot size required by at least 25%;
(i) eliminate aesthetic, material, shape, bulk, size, floor area, and other massing requirements for
multi-unit dwellings or mixed-use developments or remove at least half of those requirements;
(j) provide for zoning that specifically allows or encourages the development of tiny houses, as
defined in Appendix Q of the International Residential Code as it was printed on January 1, 2023;
(k) eliminate setback requirements or reduce existing setback requirements by at least 25%;
(l) increase building height limits for dwelling units by at least 25%;
(m) allow multi-unit dwellings or mixed-use development as a permitted use on all lots where office,
retail, or commercial are primary permitted uses; or
(n) allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes are
permitted uses.
(2) If a local government's existing zoning ordinance adopted pursuant to Title 76, chapter 2,
before [the effective date of this act] does not contain a zoning regulation that is listed as a regulation to be
eliminated or reduced in subsection (1), that strategy is considered adopted by the local government.
(3) If the adoption of a housing strategy allowed in subsection (1) subsumes another housing
strategy allowed in subsection (1), only one strategy may be considered to have been adopted by the local
government.
Section 20. Limitations on zoning authority. (1) A local government acting pursuant to [sections 18
through 24] may not:
(a) treat manufactured housing units differently from any other residential units;
(b) include in a zoning regulation any requirement to:
(i) pay a fee for the purpose of providing housing for specified income levels or at specified sale
prices; or
(ii) dedicate real property for the purpose of providing housing for specified income levels or at
specified sale prices, including a payment or other contribution to a local housing authority or the reservation of
real property for future development of housing for specified income levels or specified sale prices;
(c) prevent the erection of an amateur radio antenna at heights and dimensions sufficient to
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accommodate amateur radio service communications by a person who holds an unrevoked and unexpired
official amateur radio station license and operator's license, "technician" or higher class, issued by the federal
communications commission of the United States;
(d) establish a maximum height limit for an amateur radio antenna of less than 100 feet above the
ground;
(e) subject to subsection (2) and outside of incorporated municipalities, prevent the complete use,
development, or recovery of any mineral, forest, or agricultural resources identified in the land use plan, except
that the use, development, or recovery may be reasonably conditioned or prohibited within residential zones;
(f) except as provided in subsection (3), treat the following differently from any other residential
use of property:
(i) a foster home, kinship foster home, youth shelter care facility, or youth group home operated
under the provisions of 52-2-621 through 52-2-623, if the home or facility provides care on a 24-hour-a-day
basis;
(ii) a community residential facility serving eight or fewer persons, if the facility provides care on a
24-hour-a-day basis; or
(iii) a family day-care home or a group day-care home registered by the department of public
health and human services under Title 52, chapter 2, part 7;
(g) except as provided in subsection (3), apply any safety or sanitary regulation of the department
of public health and human services or any other agency of the state or a political subdivision of the state that is
not applicable to residential occupancies in general to a community residential facility serving 8 or fewer
persons or to a day-care home serving 12 or fewer children; or
(h) prohibit any existing agricultural activities or force the termination of any existing agricultural
activities outside the boundaries of an incorporated city, including agricultural activities that were established
outside the corporate limits of a municipality and thereafter annexed into the municipality.
(2) Regulations that condition or prohibit uses pursuant to subsection (1)(e) must be in effect prior
to the filing of a permit application or at the time a written request is received for a preapplication meeting
pursuant to 82-4-432.
(3) Except for a day-care home registered by the department of public health and human services,
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a local government may impose zoning standards and conditions on any type of home or facility identified in
subsections (1)(f) and (1)(g) if those zoning standards and conditions do not conflict with the requirements of
subsections (1)(f) and (1)(g).
Section 21. Adoption and amendment of zoning regulations. (1) (a) The governing body shall
adopt or amend a zoning regulation or map only after consideration by and on the recommendation of the
planning commission.
(b) An amendment to an adopted zoning regulation or map may be initiated:
(i) by majority vote of the governing body;
(ii) on petition of at least 15% of the electors of the local government jurisdiction to which the
regulations apply, as registered at the last general election; or
(iii) by a property owner, as related to an application for any zoning, subdivision, or other land use
permit or approval.
(2) Prior to making a recommendation to the governing body to adopt or amend a zoning
regulation or map, the planning commission shall:
(a) provide public notice and participation in accordance with [section 6];
(b) accept, consider, and respond to public comment on the proposed zoning regulation, map, or
amendment. All public comment must be part of the administrative record transmitted to the governing body.
(c) make a preliminary determination as to whether the zoning regulation and map as proposed or
as amended would be in substantial compliance with the land use plan, including whether the zoning regulation
or map:
(i) accommodates the projected needed housing types identified in [section 10];
(ii) contains five or more specific strategies from [section 19] to encourage the development of
housing within the jurisdiction;
(iii) reflects allowable uses and densities in areas that may be adequately served by public safety,
emergency, utility, transportation, education, and any other local facilities or services identified by the local
government in [section 11];
(iv) allows sufficient area for existing, new, or expanding commercial, industrial, and institutional
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enterprises the local government has identified in [section 12] for targeted economic growth in the jurisdiction;
(v) protects and maximizes the potential use of natural resources within the area, as identified in
[section 13];
(vi) minimizes or avoids impacts to the natural environment within the area, as identified in [section
13]; and
(vii) avoids or minimizes dangers associated with natural hazards in the jurisdiction, as identified in
[section 13]; and
(d) preliminarily determine whether the proposed zoning regulation, map, or amendment results in
new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural
hazards from those previously described and analyzed in the assessment conducted for the land use plan.
(3) If the planning commission finds new or increased impacts from the proposed regulation, map,
or amendment, as provided in subsection (2)(d), the local government shall collect additional data and conduct
additional analysis necessary to provide the planning commission and the public with the opportunity to
comment on and consider all potential impacts resulting from adoption of the zoning regulation, map, or
amendment.
(4) After meeting the requirements of subsections (2) and (3), the planning commission shall make
a final recommendation to the governing body to approve, modify, or reject the proposed zoning regulation,
map, or amendment.
(5) (a) The governing body shall consider each zoning regulation, map, or amendment that the
planning commission recommends to the governing body.
(b) After providing public notice and participation in accordance with [section 6], the governing
body may adopt, adopt with revisions the governing body considers appropriate, or reject the zoning regulation,
map, or amendment as proposed by the planning commission.
(c) The governing body may not condition an amendment to a zoning regulation or map.
(d) The governing body may not adopt or amend a zoning regulation or map unless the governing
body finds that:
(i) the regulation, map, or amendment is in substantial compliance with the land use plan; and
(ii) the impacts resulting from development in substantial compliance with the proposed zoning
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regulation, map, or amendment have been made available for public review and comment and have been fully
considered by the governing body.
(6) After the zoning regulation, map, or amendment has been adopted by the governing body,
there is a presumption that:
(a) all permitting in substantial compliance with the zoning regulation, map, or amendment is in
substantial compliance with the land use plan; and
(b) the public has been provided a meaningful opportunity to participate.
Section 22. Effect on zoning regulations and map. (1) After the adoption of a zoning regulation,
map, or amendment pursuant to [section 21], any application proposing development of a site is subject to the
process set forth in this section.
(2) (a) When a proposed development lies entirely within an incorporated city, or is proposed for
annexation into the city, the application must be submitted to and approved by the city.
(b) Except as provided in subsections (2)(a) or (2)(c), when a proposed development lies entirely
in an unincorporated area, the application must be submitted to and approved by the county.
(c) If a proposed development lies within an area subject to increased growth pressures, higher
development densities, or other urban development influences identified by either jurisdiction in [section 14], the
jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on the application.
(d) If the proposed development lies partly within an incorporated city, the application and
materials must be submitted to and approved by both the city and the county governing bodies.
(3) Zoning compliance permits and other ministerial permits may be issued by the planning
administrator or the planning administrator's designee without any further review or analysis by the governing
body, except as provided in [section 37].
(4) If a proposed development, with or without variances or deviations from adopted standards, is
in substantial compliance with the zoning regulations or map and all impacts resulting from the development
were previously analyzed and made available for public review and comment prior to the adoption of the land
use plan, zoning regulation, map, or amendment thereto, the application must be approved, approved with
conditions, or denied by the planning administrator and is not subject to any further public review or comment,
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except as provided in [section 37].
(5) (a) If a proposed development, with or without variances or deviations from adopted standards,
is in substantial compliance with the zoning regulations and map but may result in new or significantly
increased potential impacts that have not been previously identified and considered in the adoption of the land
use plan or zoning regulations, the planning administrator shall proceed as follows:
(b) request that the applicant collect any additional data and perform any additional analysis
necessary to provide the planning administrator and the public with the opportunity to comment on and consider
the impacts identified in subsection (5)(a);
(c) collect any additional data or perform additional analysis the planning administrator determines
is necessary to provide the local government and the public with the opportunity to comment on and consider
the impacts identified in subsection (5)(a); and
(d) provide notice of a 15-business day written comment period during which the public has the
reasonable opportunity to participate in the consideration of the impacts identified in subsection (5)(a).
(6) (a) Any additional analysis or public comment on a proposed development described in
subsection (5) must be limited to only any new or significantly increased impacts potentially resulting from the
proposed development, to the extent the impact was not previously identified or considered in the adoption or
amendment of the land use plan or zoning regulations.
(b) The planning administrator shall approve, approve with conditions, or deny the application. The
planning administrator's decision is final and no further action may be taken except as provided in [section 37].
(7) If an applicant proposes to develop a site in a manner or to an extent that the development is
not in substantial compliance with the zoning regulations or map, the applicant shall propose an amendment to
the regulations or map and follow the process provided for in [section 21].
Section 23. Zoning and annexation. (1) A municipality shall review and consider a proposed
annexation in conjunction with the zoning regulations for the property to be annexed adopted pursuant to
[section 18(1)(c)] following the procedures set forth in [section 22].
(2) The joint public process authorized in subsection (1) fulfills the notice and public hearing
requirements for a proposed annexation required in Title 7, chapter 2, parts 42 through 47.
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Section 24. Interim zoning ordinances. (1) A local government, to protect the public safety, health,
and welfare and without following the procedures otherwise required prior to adopting a zoning regulation, may
adopt an interim zoning ordinance as an urgency measure to regulate or prohibit uses that may conflict with a
zoning proposal that the governing body is considering or studying or intends to study within a reasonable time.
(2) Before adopting an interim zoning ordinance, the governing body shall first hold a public
hearing upon notice reasonably designed to inform all affected parties. A notice must be published in a
newspaper of general circulation at least 7 days before the public hearing.
(3) An interim zoning ordinance takes effect immediately on passage and approval after first
reading
and may be in effect no longer than 1 year from the date of its adoption.
(4) A local government may not act under the authority provided for in this section until the local
government has adopted a land use plan and zoning regulations pursuant to [sections 1 through 38].
Section 25. Authority to adopt local subdivision regulations -- limitations. (1) Within its
respective jurisdiction, a local government shall regulate the creation of lots in substantial compliance with its
adopted land use plan and zoning regulations by adopting subdivision regulations.
(b) The governing body of a county or city has the authority to adopt subdivision regulations in
accordance with [sections 25 through 34] by an ordinance that substantially complies with 7-5-103 through 7-5-
107.
(c) A municipality shall adopt subdivision regulations for those portions of the jurisdictional area
outside the boundaries of the municipality that the governing body anticipates may be annexed into the
municipality over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, subdivision
regulations on property outside the municipal boundaries may not apply or be enforced until the areas are
annexed or being annexed into the municipality.
(2) The subdivision regulations must provide a process for the application and consideration of
subdivision exemptions, certificates of survey, preliminary plats, and final plats as necessary for the
implementation of [sections 1 through 38].
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(3) (a) A local governing body may not require, as a condition for approval of a subdivision under
this [sections 25 through 34]:
(i) the payment of a fee for the purpose of providing housing for specified income levels or at
specified sale prices; or
(ii) the dedication of real property for the purpose of providing housing for specified income levels
or at specified sale prices.
(b) A dedication of real property prohibited in subsection (3)(a)(ii) includes a payment or other
contribution to a local housing authority or the reservation of real property for future development of housing for
specified income levels or specified sale prices.
(4) The local governing body may not change, in the subdivision regulations or in the process for
subdividing, any timelines or procedural requirements for an application to subdivide other than provided for in
[sections 25 through 34].
Section 26. Exemptions to subdivision review. (1) The following divisions of land, if made in
substantial compliance with zoning regulations adopted pursuant to [sections 18 through 24], are not subject to
the requirements of [sections 1 through 38]:
(a) subject to subsection (2), the creation of four or fewer new lots or parcels from an original lot or
parcel:
(i) by order of a court of record in this state;
(ii) by operation of law; or
(iii) that, in the absence of agreement between the parties to a sale, could be created by court
order in this state pursuant to the law of eminent domain, Title 70, chapter 30;
(b) subject to subsection (3), the creation of a lot to provide security for mortgages, liens, or trust
indentures for the purpose of construction, improvements to the land being divided, or refinancing, if the land
that is divided is not conveyed to any entity other than the financial or lending institution to which the mortgage,
lien, or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien, or trust indenture;
(c) the creation of an interest in oil, gas, minerals, or water that is severed from the surface
ownership of real property;
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(d) the creation of cemetery lots;
(e) the reservation of a life estate on a portion of a tract of record;
(f) the lease or rental of a portion of a tract of record for farming and agricultural purposes;
(g) the division of property over which the state does not have jurisdiction;
(h) the creation of rights-of-way or utility sites;
(i) the creation of condominiums, townhomes, townhouses, or conversions, as those terms are
defined in 70-23-102, when any applicable park dedication requirements as set forth in [sections 18 through 24]
are complied with;
(j) the lease or rental of contiguous airport-related land owned by a city, a county, the state, or a
municipal or regional airport authority;
(k) subject to subsection (4), a division of state-owned land, unless the division creates a second
or subsequent residential parcel from a single tract for sale, rent, or lease after July 1, 1974;
(l) the creation of lots by deed, contract, lease, or other conveyance executed prior to July 1,
1974;
(m) the relocation of common boundary lines between or aggregations of adjoining properties that
does not result in an increase in the number of lots;
(n) a single gift or sale in each county to each member of the landowner's immediate family; or
(o) subject to subsection (5), the creation of lots by deed, contract, lease, or other conveyance in
which the landowner enters into a covenant with the governing body that runs with the land that provides that
the divided land must be used exclusively for agricultural purposes.
(2) Before a court of record orders a division of land under subsection (1)(a), the court shall notify
the governing body of the pending division and allow the governing body to present written comment on the
division.
(3) A transfer of divided land by the owner of the property at the time that the land was divided to
any party other than those identified in subsection (1)(b) subjects the division of land to the requirements of
[sections 1 through 38].
(4) Instruments of transfer of land that is acquired for state highways may refer by parcel and
project number to state highway plans that have been recorded in compliance with 60-2-209 and are exempted
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from the surveying and platting requirements of [sections 1 through 38]. If the parcels are not shown on
highway plans of record, instruments of transfer of the parcels must be accompanied by and refer to
appropriate certificates of survey and plats when presented for recording.
(5) The governing body, in its discretion, may revoke the covenant provided for in subsection (1)(o)
without subdivision review if the original lot lines are restored through aggregation of the covenanted land prior
to or in conjunction with the revoking of the covenant.
Section 27. Adoption and amendment of subdivision regulations. (1) (a) The governing body
shall adopt or amend subdivision regulations only after consideration by and on the recommendation of the
planning commission.
(b) An amendment to adopted subdivision regulations may be initiated:
(i) by majority vote of the governing body;
(ii) on petition of at least 15% of the electors of the local government jurisdiction to which the
regulations apply, as registered at the last general election; or
(iii) by a property owner, as related to an application for any zoning, subdivision, or other land use
permit or approval.
(2) Prior to making a recommendation to the governing body to adopt or amend subdivision
regulations, the planning commission shall:
(a) provide public notice and participation in accordance with [section 6];
(b) accept, consider, and respond to public comment on the proposed subdivision regulation or
amendment to a subdivision regulation. All public comment must be part of the administrative record
transmitted to the governing body.
(c) make a preliminary determination as to whether the subdivision regulation or amendment to a
subdivision regulation is in substantial compliance with the land use plan and zoning regulations, including
whether the regulation or amendment:
(i) enables the development of projected needed housing types identified in the land use plan and
zoning regulations;
(ii) reflects applicable strategies from the land use plan and zoning regulations to encourage the
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development of housing within the jurisdiction;
(iii) facilitates the adequate provision of public safety, emergency, utility, transportation, education,
and any other local facilities or services for proposed development, as identified in the land use plan and zoning
regulations;
(iv) reflects standards that provide for existing, new, or expanding commercial, industrial, and
institutional enterprises identified in the land use plan and zoning regulations for economic growth;
(v) protects and maximizes the potential use of natural resources within the area, as identified in
the land use plan and zoning regulations;
(vi) contains standards that minimize or avoid impacts to the natural environment within the area,
as identified in the land use plan and zoning regulations; and
(vii) contains standards that avoid or minimize dangers associated with natural hazards in the
jurisdiction, as identified in the land use plan and zoning regulations; and
(d) preliminarily determine whether the proposed subdivision regulation or amendment to a
subdivision regulation results in new or increased potential impacts to or from local facilities, services, natural
resources, natural environment, or natural hazards from those previously described and analyzed in the
assessments conducted for the land use plan and zoning regulations.
(3) If the planning commission finds new or increased potential impacts from the proposed
regulation or amendment to a regulation pursuant to subsection (2)(d), the local government shall collect
additional data and conduct additional analysis necessary to provide the planning commission and the public
with the opportunity, pursuant to [section 6], to comment on and consider all potential impacts resulting from
adoption of the subdivision regulation or amendment to a subdivision regulation.
(4) After meeting the requirements of subsection (2), the planning commission shall make a final
recommendation to the governing body to approve, modify, or reject the proposed subdivision regulation or
amendment to a subdivision regulation.
(5) (a) The governing body shall consider each subdivision regulation or amendment to a
subdivision regulation that the planning commission recommends to the governing body.
(b) After providing public notice and participation in accordance with [section 6], the governing
body may adopt, adopt with revisions that the governing body considers appropriate, or reject the subdivision
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regulation or amendment to a subdivision regulation as proposed by the planning commission.
(c) The governing body may not adopt or amend a subdivision regulation unless the governing
body finds:
(i) the subdivision regulation or amendment to a subdivision regulation is in substantial
compliance with the land use plan and zoning regulations; and
(ii) the impacts resulting from development in substantial compliance with the proposed
subdivision regulation or amendment to a subdivision regulation have been made available for public review
and comment, which have been fully considered by the governing body.
(6) After the subdivision regulation or amendment to a subdivision regulation has been adopted by
the governing body, there is a presumption that:
(a) all subdivisions in substantial compliance with the adopted regulation or amendment are in
substantial compliance with the land use plan and zoning regulations; and
(b) the public has been provided a meaningful opportunity to participate.
Section 28. Contents of local subdivision regulations. (1) The subdivision regulations adopted
under [sections 25 through 34] are limited to the following requirements:
(a) the date the regulations initially become effective under [sections 1 through 38] and the
effective dates and the ordinance numbers for all subsequent amendments;
(b) design standards for all subdivisions in the jurisdiction, which may be incorporated by reference
or may be based on the information and analysis contained in the land use plan and zoning regulations,
including:
(i) standards for grading and erosion control;
(ii) standards for the design and arrangement of lots, streets, and roads;
(iii) standards for the location and installation of public utilities, including water supply and sewage
and solid waste disposal;
(iv) standards for the provision of other public improvements; and
(v) legal and physical access to all lots;
(c) when a subdivision creates parcels with lot sizes averaging less than 5 acres, a requirement
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that the subdivider:
(i) reserve all or a portion of the appropriation water rights owned by the owner of the subject
property, transfer the water rights to a single entity for use by landowners within the subdivision who have a
legal right to the water, and reserve and sever any remaining surface water rights from the land;
(ii) if the land to be subdivided is subject to a contract or interest in a public or private entity formed
to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement that is
administered through a single entity and that specifies administration and the rights and responsibilities of
landowners within the subdivision who have a legal right and access to the water; or
(iii) reserve and sever all surface water rights from the land;
(d) except as provided in subsection (2), a requirement that the subdivider establish ditch
easements that:
(i) are in locations of appropriate topographic characteristics and sufficient width to allow the
physical placement and unobstructed maintenance of open ditches or belowground pipelines for the delivery of
water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit
of an irrigation district or other private or public entity formed to provide for the use of the water right on the
subdivision lots;
(ii) unless otherwise provided for under a separate written agreement or filed easement, provide
for the unobstructed use and maintenance of existing water delivery ditches, pipelines, and facilities in the
subdivision that are necessary to convey water through the subdivision to lands adjacent to or beyond the
subdivision boundaries in quantities and in a manner that are consistent with historic and legal rights;
(iii) are a sufficient distance from the centerline of the ditch to allow for construction, repair,
maintenance, and inspection of the ditch; and
(iv) prohibit the placement of structures or the planting of vegetation other than grass within the
ditch easement without the written permission of the ditch owner;
(e) criteria that the planning administrator must use to determine whether a proposed method of
disposition using the exemptions provided in [sections 1 through 38] is an attempt to evade the requirements of
[sections 1 through 38];
(f) a list of the materials that must be included in order for the application to be determined
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complete;
(g) subject to subsection (4), identification of circumstances or conditions that may necessitate the
denial of any or specific types of development, such as unmitigable natural hazards, insufficient water supply,
inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds
for the supply of the services;
(h) subject to subsection (5), a list of public utilities and agencies of local, state, and federal
government that the local government must seek input from during review of an application and for what
information or analysis; or
(i) subject to subsection (6), requirements for the dedication of land, cash-in-lieu thereof, or a
combination of both for parks and recreation purposes, not to exceed 0.03 acres per dwelling unit.
(2) A land donation under this section may be inside or outside of the subdivision.
(3) The regulations may not require ditch easements if:
(a) the average lot size is 1 acre or less and the subdivider provides for disclosure, in a manner
acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated
land that the lots may continue to be assessed for irrigation water delivery even though the water may not be
deliverable; or
(b) the water rights are removed or the process has been initiated to remove the water rights from
the subdivided land through an appropriate legal or administrative process and the removal or intended removal
is denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the
subdivider shall provide written notification to prospective buyers of the intent to remove the water right and
shall document that intent, when applicable, in agreements and legal documents for related sales transactions.
(4) (a) The regulations must prohibit development in circumstances or conditions identified in
subsection (1)(g) unless the hazards or impacts may be eliminated or overcome by approved construction
techniques or other mitigation measures identified in the subdivision regulations.
(b) Approved construction techniques or other mitigation measures described in subsection (4)(a)
may not include building regulations as defined in 50-60-101 other than those identified by the department of
labor and industry as provided in 50-60-901.
(5) If a proposed subdivision is situated within a rural school district, as described in 20-9-615, the
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local government shall provide a copy of the application and preliminary plat to the school district.
(6) (a) A park dedication may not be required for:
(i) land proposed for subdivision into parcels larger than 5 acres;
(ii) subdivision into parcels that are all nonresidential;
(iii) a subdivision in which parcels are not created, except when that subdivision provides multiple
permanent spaces for recreational camping vehicles, mobile homes, or condominiums; or
(iv) a subdivision in which only one additional parcel is created.
(b) Subject to the approval of the local governing body and acceptance by the school district
trustees, a subdivider may dedicate a land donation provided in subsection (6)(a) to a school district to be used
for school facilities or buildings.
Section 29. Local review procedure for divisions of land. (1) An applicant may request a
preapplication submittal and response from the planning administrator prior to submitting a subdivision
application. The preapplication review must take place no more than 30 business days from the date that the
planning administrator receives a written request for a preapplication review from the subdivider.
(2) On receipt of an application for an exemption from subdivision review under [section 26] that
contains all materials and information required by the governing body under subsection (5), the local
government:
(a) shall approve or deny the application within 20 business days;
(b) may not impose conditions on the approval of an exemption from subdivision review except for
conditions necessary to ensure compliance with the survey requirements of [section 33(1)]; and
(c) may require the certificate of survey to be reviewed for errors and omissions in calculation or
drafting by an examining land surveyor before filing with the county clerk and recorder. The examining land
surveyor shall certify compliance in a printed or stamped certificate signed by the surveyor on the certificate of
survey. A professional land surveyor may not act as an examining land surveyor in regard to a certificate of
survey in which the surveyor has a financial or personal interest.
(3) (a) When a proposed subdivision lies entirely within an incorporated city or is proposed for
annexation into the city, the application and preliminary plat must be submitted to and approved by the city.
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(b) Except as provided in subsection (3)(c), when a proposed subdivision lies entirely in an
unincorporated area, the application and preliminary plat must be submitted to and approved by the county.
(c) If the proposed subdivision lies within an area subject to increased growth pressures, higher
development densities, or other urban development influences identified by either jurisdiction in [section 14], the
jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on the application.
(d) If the proposed subdivision lies partly within an incorporated city, the application and
preliminary plat must be submitted to and approved by both the city and the county governing bodies.
(4) A subdivision application is considered received on the date the application is delivered to the
reviewing agent or agency if accompanied by the review fee.
(5) (a) The planning administrator has 20 business days to determine whether the application
contains all information and materials necessary to complete the review of the application as set forth in the
local subdivision regulations.
(b) The planning administrator may review subsequent submissions of the application only for
information found to be deficient during the original review of the application under subsection (5)(a).
(c) A determination that an application contains sufficient information for review as provided in
subsection (5)(a) does not ensure approval or conditional approval of the proposed subdivision and does not
limit the ability of the planning administrator to request additional information during the review process.
(6) A subdivider may propose a phasing plan for approval with a preliminary plat. The phasing plan
must include a phasing plan and map that demonstrates what lots will be included with each phase, what public
facilities will be completed with each phase, and the timeline for the proposed phases.
(7) (a) If an application proposes a subdivision of a site that, with or without variances or deviations
from adopted standards, is in substantial compliance with the zoning and subdivision regulations and all
impacts resulting from the development were previously analyzed and made available for public review and
comment prior to the adoption of the land use plan, zoning regulations, and subdivision regulations, or any
amendment thereto, the planning administrator shall issue a written decision to approve, approve with
conditions, or deny the preliminary plat.
(b) The application is not subject to any further public review or comment, except as provided in
[section 37].
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(c) The decision by the planning administrator must be made no later than 15 business days from
the date the application is considered complete.
(8) (a) If an application proposes subdivision of a site that, with or without variances or deviations
from adopted standards, is in substantial compliance with the zoning and subdivision regulations but may result
in new or significantly increased potential impacts that have not been previously identified and considered in the
adoption of the land use plan, zoning regulations, or subdivision regulations, or any amendments thereto, the
planning administrator shall proceed as follows:
(i) request the applicant to collect additional data and perform additional analysis necessary to
provide the planning administrator and the public with the opportunity to comment on and consider the impacts
identified in this subsection (8)(a);
(ii) collect additional data or perform additional analysis that the planning administrator determines
is necessary to provide the local government and the public with the opportunity to comment on and consider
the impacts identified in this subsection (8)(a); and
(iii) provide notice of a written comment period of 15 business days during which the public must
have a reasonable opportunity to participate in the consideration of the impacts identified in this subsection
(8)(a).
(b) Any additional analysis or public comment on the proposed development is limited to only new
or significantly increased potential impacts resulting from the proposed development to the extent that the
impact was not previously identified in the consideration and adoption of the land use plan, zoning regulations,
subdivision regulations, or any amendments thereto.
(9) Within 30 business days of the end of the written comment period provided in subsection
(8)(a)(iii), the planning administrator shall issue a written decision to approve, conditionally approve, or deny a
proposed subdivision application.
(10) The basis of the decision to approve, conditionally approve, or deny a proposed preliminary
plat is based on the administrative record as a whole and a finding that the proposed subdivision:
(a) meets the requirements and standards of [sections 1 through 38];
(b) meets the survey requirements provided in [section 33(1)];
(c) provides the necessary easements within and to the proposed subdivision for the location and
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installation of any planned utilities; and
(d) provides the necessary 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.
(11) (a) The written decision must identify each finding required in subsection (10) that supports the
decision to approve, conditionally approve, or deny a proposed preliminary plat, including any conditions placed
on the approval that must be satisfied before a final plat may be approved.
(b) The written decision must identify all facts that support the basis for each finding and each
condition and identify the regulations and statutes used in reaching each finding and each condition.
(c) When requiring mitigation as a condition of approval, a local government may not unreasonably
restrict a landowner's ability to develop land. However, in some instances, the local government may determine
that the impacts of a proposed development are unmitigable and preclude approval of the subdivision.
(12) The written decision to approve, conditionally approve, or deny a proposed subdivision must:
(a) be provided to the applicant;
(b) be made available to the public;
(c) include information regarding the appeal process; and
(d) state the timeframe the approval is in effect.
(13) The planning administrator's decision is final, and no further action may be taken except as
provided in [section 37].
(14) Any changes to an approved preliminary plat that increases the number of lots or redesigns or
rearranges six or more lots must undergo consideration and approval of an amended plat following the
requirements of this section.
Section 30. Effect of preliminary plat approval. (1) (a) An approved or conditionally approved
preliminary plat must be in effect for not more than 5 calendar years and not less than 1 calendar year.
(b) At the end of the period, the planning administrator may, at the request of the subdivider,
extend the approval once by written agreement.
(c) On receipt of a request for an extension, the planning administrator shall determine whether
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the preliminary plat remains in substantial compliance with the zoning and subdivision regulations. If the
preliminary plat is no longer in substantial compliance with the zoning or subdivision regulations, the extension
may not be granted.
(d) After a preliminary plat is approved, the local government may not impose any additional
conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended
approval period.
(e) Any subsequent requests by the subdivider for extension of the approval must be reviewed and
approved by the governing body.
(2) An approved or conditionally approved phased preliminary plat must be in effect for 20
calendar years.
Section 31. Local review procedure for final plats. (1) The following must be submitted with a final
plat application:
(a) information demonstrating the final plat conforms to the written decision and all conditions of
approval set forth on the preliminary plat;
(b) a plat that meets the survey requirements provided in [section 33(1)]; and
(c) confirmation the county treasurer has certified that all real property taxes and special
assessments assessed and levied on the land to be subdivided have been paid.
(2) The final plat may be required to be reviewed for errors and omissions in calculation or drafting
by an examining land surveyor before filing with the county clerk and recorder. The examining land surveyor
shall certify compliance in a printed or stamped certificate signed by the surveyor on the final plat. A
professional land surveyor may not act as an examining land surveyor in regard to a plat in which the surveyor
has a financial or personal interest.
(3) A final plat application is considered received on the date the application is delivered to the
governing body or the agent or agency designated by the governing body if accompanied by the review fee.
(4) (a) Within 10 business days of receipt of a final plat, the planning administrator shall determine
whether the final plat contains the information required under subsection (1) and shall notify the subdivider in
writing.
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(b) If the planning administrator determines that the final plat does not contain the information
required under subsection (1), the planning administrator shall identify the final plat's defects in the notification.
(c) The planning administrator may review subsequent submissions of the final plat only for
information found to be deficient during the original review of the final plat under subsection (4)(a).
(d) A determination that the application for a final plat contains sufficient information for review as
provided in subsection (4)(a) does not ensure approval of the final plat and does not limit the ability of the
planning administrator to request additional information during the review process.
(5) Once a determination is made under subsection (4) that the final plat contains the information
required under subsection (1), the governing body shall review and approve or deny the final plat within 20
business days.
(6) The subdivider or the subdivider's agent and the governing body or its reviewing agent or
agency may mutually agree to extend the review periods provided for in this section.
(7) (a) For a period of 5 years after approval of a phased preliminary plat, the subdivider may apply
for final plat of any one or more phases following the process set forth in subsections (1) through (6).
(b) After 5 years have elapsed since approval of a phased preliminary plat, the planning
administrator shall review each remaining phase to determine if a phase may result in new or significantly
increased potential impacts that have not been previously identified and considered in the adoption of the land
use plan, zoning or subdivision regulations, or review and approval of the phased preliminary plat. If the
planning administrator identifies any new or significantly increased potential impacts not previously identified
and considered, the planning administrator shall proceed as set forth in [section 29(8)].
(c) If necessary to mitigate impacts identified in subsection (7)(b), the planning administrator may
impose conditions on any phase before final plat approval is sought.
Section 32. Filing and recordation of plats and certificates of survey. (1) (a) Except as provided
in subsection (1)(b), every final plat or certificate of survey must be filed for record with the county clerk and
recorder before title to the land may be sold or transferred in any manner. The clerk and recorder of the county
may not accept any final plat or certificate of survey for record that has not been approved in accordance with
[sections 25 through 34] unless the final plat or certificate of survey is located in an area over which the state
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does not have jurisdiction.
(b) After the preliminary plat of a subdivision has been approved or conditionally approved, the
subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following contract
conditions are imposed and met:
(i) the purchasers of lots in the proposed subdivision make payments to an escrow agent, which
must be a bank or savings and loan association chartered to do business in the state of Montana;
(ii) the payments made by purchasers of lots in the proposed subdivision may not be distributed by
the escrow agent to the subdivider until the final plat of the subdivision is filed with the county clerk and
recorder;
(iii) if the final plat of the proposed subdivision is not filed with the county clerk and recorder within
the approval period of the preliminary plat, the escrow agent shall immediately refund to each purchaser any
payments the purchaser has made under the contract;
(iv) the county treasurer has certified that no real property taxes assessed and levied on the land to
be divided are delinquent; and
(v) the following language is conspicuously set out in each contract: "The real property that is the
subject of this contract has not been finally platted, and until a final plat identifying the property has been filed
with the county clerk and recorder, title to the property may not be transferred in any manner".
(2) (a) Subject to subsection (2)(b), no division of land may be made unless the county treasurer
has certified that all real property taxes and special assessments assessed and levied on the land to be divided
have been paid.
(b) (i) If a division of land includes centrally assessed property and the property taxes applicable to
the division of land are not specifically identified in the tax assessment, the department of revenue shall prorate
the taxes applicable to the land being divided on a reasonable basis. The owner of the centrally assessed
property shall ensure that the prorated real property taxes and special assessments are paid on the land being
sold before the division of land is made.
(ii) The county treasurer may accept the amount of the tax prorated pursuant to this subsection
(2)(b) as a partial payment of the total tax that is due.
(3) (a) The county clerk and recorder shall maintain an index of all recorded and filed subdivision
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plats and certificates of survey.
(b) The index must list plats and certificates of survey by the quarter section, section, township,
and range in which the platted or surveyed land lies and must list the recording or filing numbers of all plats or
certificates of survey depicting lands lying within each quarter section. Each quarter section list must be
definitive to the exclusion of all other quarter sections. The index must also list the names of all subdivision
plats in alphabetical order and the place where filed.
(4) The recording of any plat made in compliance with the provisions of [sections 1 through 38]
must serve to establish the identity of all lands shown on and being part of the plat. When lands are conveyed
by reference to a plat, the plat itself or any copy of the plat properly certified by the county clerk and recorder as
being a true copy thereof must be regarded as incorporated into the instrument of conveyance and must be
received in evidence in all courts of this state.
(5) (a) Any plat prepared and recorded as provided in [sections 25 through 34] may be vacated
either in whole or in part as provided by 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1)
and (2), and 7-14-4115. Upon vacation, the governing body or the district court, as provided in 7-5-2502, shall
determine to which properties the title to the streets and alleys of the vacated portions must revert. The
governing body or the district court, as provided in 7-5-2502, shall take into consideration:
(i) the previous platting;
(ii) the manner in which the right-of-way was originally dedicated, granted, or conveyed;
(iii) the reasons stated in the petition requesting the vacation;
(iv) the parties requesting the vacation; and
(v) any agreements between the adjacent property owners regarding the use of the vacated area.
The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the
properties within the platted area adjacent to the vacated portions.
(b) Notwithstanding the provisions of subsection (5)(a), when any poleline, pipeline, or any other
public or private facility is located in a vacated street or alley at the time of the reversion of the title to the
vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to
continue the operation and maintenance of the public utility facility.
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Section 33. Survey requirements. (1) Divisions of land under [sections 1 through 38] must follow the
uniform standards governing monumentation, certificates of survey, and subdivision plats prescribed and
adopted by the board of professional engineers and professional land surveyors.
(2) All division of sections into aliquot parts and retracement of lines must conform to United States
bureau of land management instructions, and all public land survey corners must be filed in accordance with
Title 70, chapter 22, part 1. Engineering plans, specifications, and reports required in connection with public
improvements and other elements of the subdivision required by the governing body must be prepared and filed
by a registered engineer or a registered land surveyor, as their respective licensing laws allow, in accordance
with [sections 25 through 34] and regulations adopted pursuant to [sections 25 through 34].
(3) All divisions of land for sale other than a subdivision created after July 1, 1974, divided into
parcels that cannot be described as 1/32 or larger aliquot parts of a United States government section or a
United States government lot must be surveyed by or under the supervision of a registered land surveyor.
Surveys required under this section must comply with the requirements of subsection (8).
(4) Except as provided in 70-22-105, within 180 days of the completion of a survey, the
professional land surveyor responsible for the survey, whether the surveyor is privately or publicly employed,
shall prepare and submit for filing a certificate of survey in the county in which the survey was made if the
survey:
(a) provides material evidence not appearing on any map filed with the county clerk and recorder
or contained in the records of the United States bureau of land management;
(b) reveals a material discrepancy in the map;
(c) discloses evidence to suggest alternate locations of lines or points; or
(d) establishes one or more lines not shown on a recorded map, the positions of which are not
ascertainable from an inspection of the map without trigonometric calculations.
(5) A certificate of survey is not required for any survey that is made by the United States bureau
of land management, that is preliminary, or that will become part of a subdivision plat being prepared for
recording under the provisions of [sections 1 through 38].
(6) It is the responsibility of the governing body to require the replacement of all monuments
removed in the course of construction.
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(7) (a) A registered land surveyor may administer and certify oaths when:
(i) it becomes necessary to take testimony for the identification of old corners or reestablishment
of lost or obliterated corners;
(ii) a corner or monument is found in a deteriorating condition and it is desirable that evidence
concerning it be perpetuated; or
(iii) the importance of the survey makes it desirable to administer an oath to the surveyor's
assistants for the faithful performance of their duty.
(b) A record of oaths must be preserved as part of the field notes of the survey and noted on the
certificate of survey filed under subsection (4).
(8) (a) (i) A surveyor who completes a survey identified in subsection (8)(b) that establishes or
defines a section line and creates a parcel that crosses the established or defined section line so that an
irrigation district assessment boundary is included in more than one section shall note on the survey the
acreage of the farm unit or created parcel in each section.
(ii) The surveyor shall notify the appropriate irrigation district of the existence of the survey and the
purpose of the survey.
(b) The requirements of subsection (8)(a) apply only to surveys for which the surveyor determines
that, based on available public records, the survey involves land:
(i) traversed by a canal or ditch owned by an irrigation district; or
(ii) included in an irrigation district.
Section 34. Public improvements and extension of capital facilities. (1) Except as provided in
subsections (1)(a) and (1)(c), the governing body shall require the subdivider to complete required
improvements within the proposed subdivision prior to the approval of the final plat.
(a) (i) In lieu of the completion of the construction of any public improvements prior to the approval
of a final plat, the governing body shall, at the subdivider's option, allow the subdivider to provide or cause to be
provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to the
governing body, providing for and securing the construction and installation of the improvements within a period
specified by the governing body and expressed in the bonds or other security. The governing body shall reduce
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bond or security requirements commensurate with the completion of improvements. Failure of the local
government to require the renewal of a bond does not waive the subdivider's responsibility to complete the
required improvements prior to the approval of the final plat.
(ii) In lieu of requiring a bond or other means of security for the construction or installation of all the
required public improvements under subsection (2)(a)(i), the governing body may enter into a subdivision
improvements agreement with the subdivider that provides for an incremental payment, guarantee plan, or
other method of completing the necessary improvements to serve the development as set forth in the
preliminary plat approval.
(b) Approval by the governing body of a final plat prior to the completion of required improvements
and without the provision of the security required under subsection (1)(a) is not an act of a legislative body for
the purposes of 2-9-111.
(c) The governing body may require a percentage of improvements or specific types of
improvements necessary to protect public health and safety to be completed before allowing bonding, other
reasonable security, or entering into a subdivision improvements agreement for purposes of filing a final plat.
The requirement is applicable to approved preliminary plats.
(2) (a) A local government may require a subdivider to pay or guarantee payment for part or all of
the costs of extending capital facilities related to public health and safety, including but not limited to public
roads, sewer lines, water supply lines, and storm drains to a subdivision. The costs must reasonably reflect the
expected impacts directly attributable to the subdivision. A local government may not require a subdivider to
pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to
education.
(b) All fees, costs, or other money paid by a subdivider under this subsection (2) must be
expended on the capital facilities for which the payments were required.
Section 35. Variances. (1) All land use regulations must include a process for the submission and
review of variances.
(2) The application for a variance must be for relief from land or building form design standards or
subdivision design and improvement standards.
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(3) Variance applications must be considered and approved or approved with conditions before
application or in conjunction with application for a zoning permit or subdivision approval.
(4) The granting of a variance must meet all of the following criteria:
(a) the variance is not detrimental to public health, safety or general welfare;
(b) the variance is due to conditions peculiar to the property, such as physical surroundings,
shape, or topographical conditions;
(c) strict application of the regulations to the property results in an unnecessary hardship to the
owner as compared to others subject to the same regulations and that is not self-imposed;
(d) the variance may not cause a substantial increase in public costs; and
(e) the variance may not place the property in nonconformance with any other regulations.
(5) Additional criteria may apply if the variance is associated with a floodplain or floodway pursuant
to the requirements of Title 76, chapter 5.
(6) Variance requests must be reviewed and determined by the planning administrator. The
planning administrator's decision is final and no further action may be taken except as provided in [section 37].
Section 36. Fees. The governing body may establish reasonable fees to be paid by an applicant for a
zoning permit, subdivision application, appeals, or any other review performed by the local government
pursuant to [sections 1 through 38] to defray the expense of performing the review.
Section 37. Appeals. (1) Appeals of any final decisions made pursuant to [sections 1 through 38]
must be made in accordance with this section.
(2) For a challenge to the adoption of or amendment to a land use plan, zoning regulation, zoning
map, or subdivision regulation, a petition setting forth the basis for the challenge must be presented to the
district court within 30 days of the date of the resolution or ordinance adopted by the governing body.
(3) (a) Any final administrative land use decision, including but not limited to approval or denial of a
zoning permit, preliminary plat or final plat, imposition of a condition on a zoning permit or plat, approval or
denial of a variance from a zoning or subdivision regulation, or interpretation of land use regulations or map
may be appealed by the applicant or any aggrieved person to the planning commission.
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(b) An appeal under subsection (3)(a) must be submitted in writing within 15 business days of the
challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.
(c) The planning commission shall hear the appeal de novo. The planning commission is not
bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal.
The appellant has the burden of proving that the appealed decision was made in error.
(e) A decision of the planning commission on appeal takes effect on the date when the planning
commission issues a written decision.
(4) (a) Any final land use decision by the planning commission may be appealed by the applicant,
planning administrator, or any aggrieved person to the governing body.
(b) An appeal under subsection (4)(a) must be submitted in writing within 15 business days of the
challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.
(c) The governing body shall hear the appeal de novo. The governing body is not bound by the
decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant
has the burden of proving that the appealed decision was made in error.
(d) A decision of the governing body on appeal takes effect on the date when the governing body
issues a written decision.
(5) (a) No person may challenge in district court a land use decision until that person has
exhausted the person's administrative appeal process as provided in this section.
(b) Any final land use decision of the governing body may be challenged by presenting a petition
setting forth the grounds for review of a final land use decision with the district court within 30 calendar days
after the written decision is issued.
(c) A challenge in district court to a final land use decision of the governing body is limited to the
issues raised by the challenger on administrative appeal.
(6) Every final land use decision made pursuant to this section must be based on the
administrative record as a whole and must be sustained unless the decision being challenged is arbitrary,
capricious, or unlawful.
(7) Nothing in [sections 1 through 38] is subject to any provision of Title 2, chapter 4.
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Section 38. Enforcement and penalties. (1) A local government may, by ordinance, establish civil
penalties for violations of any of the provisions of [sections 1 through 38] or of any ordinances adopted under
the authority of [sections 1 through 38].
(2) Prior to seeking civil penalties against a property owner, a local government shall provide:
(a) written notice, by mail or hand delivery, of each ordinance violation to the address of the owner
of record on file in the office of the county recorder;
(b) a reasonable opportunity to cure a noticed violation; and
(c) a schedule of the civil penalties that may be imposed on the owner for failure to cure the
violation before expiration of a time certain.
(3) A local government may, in addition to other remedies provided by law, seek:
(a) an injunction, mandamus, abatement, or any other appropriate action provided for in law;
(b) proceedings to prevent, enjoin, abate, or remove an unlawful building, use, occupancy, or act;
or
(c) criminal prosecution for violation of any of the provisions of [sections 1 through 38] or of any
ordinances adopted under the authority of [sections 1 through 38] as a misdemeanor punishable by a fine not to
exceed $500 per day for each violation.
(4) In any enforcement action taken under this section or remedy sought thereunder, the parties
shall pay their own costs and attorney fees.
Section 39. Repealer. The following sections of the Montana Code Annotated are repealed:
7-21-1001. Legislative findings and purpose.
7-21-1002. Definitions.
7-21-1003. Local government regulations -- restrictions.
Section 40. Codification instruction. [Sections 1 through 38] are intended to be codified as an
integral part of Title 76, and the provisions of Title 76 apply to [sections 1 through 38].
Section 41. Effective date. [This act] is effective on passage and approval.
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Section 42. Applicability. [This act] applies to local governments that currently meet the population
thresholds in [section 5].
- END -
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I hereby certify that the within bill,
SB 382, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2023.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2023.
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SENATE BILL NO. 382
INTRODUCED BY F. MANDEVILLE, D. FERN, S. VINTON, M. BERTOGLIO, L. BREWSTER, M. HOPKINS, E.
BOLDMAN, G. HERTZ, C. FRIEDEL, J. KARLEN
AN ACT CREATING THE MONTANA LAND USE PLANNING ACT; REQUIRING CITIES THAT MEET CERTAIN
POPULATION THRESHOLDS TO UTILIZE THE LAND USE PLAN, MAP, ZONING REGULATIONS, AND
SUBDIVISION REGULATIONS PROVIDED IN THE ACT; ALLOWING OTHER LOCAL GOVERNMENTS THE
OPTION TO UTILIZE THE PROVISIONS OF THE ACT; REQUIRING PUBLIC PARTICIPATION DURING THE
DEVELOPMENT, ADOPTION, OR AMENDMENT OF A LAND USE PLAN, MAP, ZONING REGULATION, OR
SUBDIVISION REGULATION; PROVIDING STRATEGIES TO MEET POPULATION PROJECTIONS;
PROVIDING FOR CONSIDERATION OF FACTORS SUCH AS HOUSING, LOCAL FACILITIES, ECONOMIC
DEVELOPMENT, NATURAL RESOURCES, ENVIRONMENT, AND NATURAL HAZARDS WHEN
DEVELOPING A LAND USE PLAN, MAP, AND ZONING REGULATION; PROVIDING FOR A PROCEDURE TO
REVIEW SUBDIVISIONS AND APPROVE FINAL PLATS; PROVIDING FOR A LOCAL GOVERNING BODY TO
COLLECT FEES; PROVIDING AN APPEALS PROCESS, ENFORCEMENT MECHANISMS, AND PENALTIES;
PROVIDING DEFINITIONS; REPEALING SECTIONS 7-21-1001, 7-21-1002, AND 7-21-1003, MCA; AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.
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Memorandum
REPORT TO:Economic Vitality Board
FROM:Dani Hess, Community Engagement Coordinator
Nakeisha Lyon, Associate Planner
SUBJECT:Belonging in Bozeman Plan Update
MEETING DATE:September 6, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:NA
STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity
through policies and public awareness.
BACKGROUND:INTRODUCTION
This written summary serves as the Economic Vitality board's monthly
update on the progress to develop the city's Belonging in Bozeman Equity &
Inclusion Plan. The Belonging in Bozeman Plan follows through on the
commitment made in both Resolution 5384 establishing the City as a City for
CEDAW, as well as the Inclusive City Report to develop a community wide
action plan.
The Equity & Inclusion Plan is guided by existing data from the Equity
Indicators Project, ongoing data collection efforts set forth in the CEDAW
resolution, and will recommend polices, practices, and programs to address
disparities found in the data. The purpose of the plan is to ensure that every
resident, visitor, and City of Bozeman employee feels welcomed, valued, and
can thrive no matter their race, identity, or life circumstance.
PROGRESS HIGHLIGHTS
Highlights from the work that has occurred since the last update and work
session with the Economic Vitality Board on August 2, 2023 include finalizing
the vision statements, facilitating the Goals & Recommendations Workshop
with the Belonging in Bozeman Steering Committee and Core Team, meeting
with community partners and city departments about preliminary goals and
potential recommendations, and conducting outreach to garner
participation and support hosts for the upcoming Community Chats.
Community Liaisons
Community Liaisons Chace McNinch and Kristen Newman have hosted a
combined 5 community chats with just under 50 participants representing or
connected to the LGBTQ+ and disability communities. Liaisons are
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summarizing the themes from these conversations to include in draft goals
and recommendations of the plan. We are excited to welcome a new team
member on as a Community Liaison, Jhenniffer Cifuentes representing the
Spanish speaking community whose expertise and interests lie in health
equity and social determinants of health. Jhenniffer plans to host a
community chat with partner organizations and leaders in the
Hispanic/Latino community.
Vision Statements
The Vision Statements have been finalized after lots of input from nearly 400
community survey responses, direct feedback from the Economic Vitality
Board, Belonging in Bozeman Steering Committee and Core Team and
organizational partners focused on language access, healthcare, education,
and human services. The Vision Statements can be found on Engage
Bozeman and will serve as the aspirational "true north" that will guide the
goals, actions, and recommendations in the plan.
Preliminary Goals & Recommendations
Goals and recommendations are currently in development based on the
feedback we have received so far from the Vision Statement development
process and a half-day workshop held on August 3rd with 30 members of the
Belonging in Bozeman Steering Committee and Core Team. We will add to
these preliminary goals and recommendations with the input we receive
from the Community Chats. Through the end of the month of September,
staff are involving internal city departments and staff as well as community
partners to weigh in and contribute to the list of preliminary goals and
recommendations. In October, the Economic Vitality Board will have a work
session to review and provide feedback on draft goals and recommendations
for the plan. The City Commission will then consider them during a work
session on October 17th.
Community Chats
Register to host a Community Chat by September 8th! Bring your coworkers,
neighbors, family or friends together to talk about the topics in this plan that
matter most to you. The Community Chat Host Toolkit is live and full of
information to support you in hosting a chat. The city is also hosting two
"open invite" Community Chats. Location and details to join will be available
after participants sign up.
Historical narrative
Last week marked the end of gathering input for the development of the
historical narrative. The Extreme History Project and city staff hosted a final
listening session with indigenous knowledge holders at MSU's American
Indian Hall. Next steps are to weave together the key people, places, and
moments from this input to form the new narrative to include in the plan.
ACTION ITEMS
Thanks for helping us spread the word about Community Chats. Please share
81
the following info with your networks! A flyer is attached.
Hello!
I am helping to spread the word about a project I am involved with through
my role as an Economic Vitality Board member with the City of Bozeman.
We are very excited about the work we are helping steer around equity,
inclusion, and belonging in Bozeman.
Have you heard of Community Chats? These conversations unite residents
from across our region to share their thoughts, insights, and experiences
about what we can DO together to make our community a place where
everyone can thrive.
Each conversation is an informal opportunity for all residents to contribute
to the Equity & Inclusion Plan actions and recommendations. Conversations
are held among friends, colleagues, neighbors, and other community groups,
with a leader (like yourself) serving as a facilitator.
Check out the project website to learn more about the effort and dig into
the vision statements that will guide the goals and recommendations of this
plan. Please register to host a chat by September 8th! Hosts will be sent the
Community Chat Toolkit and a recording of a host training.
Can’t commit to hosting? Join as an attendee at one of our public chats held
throughout the week.
Thank you!
UNRESOLVED ISSUES:NA
ALTERNATIVES:NA
FISCAL EFFECTS:NA
Attachments:
Community Chat Flyer.pdf
Report compiled on: August 30, 2023
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What does it mean to belong in Bozeman?
Bring your friends, neighbors, coworkers together for a
Community Chat and help inform the goals and
recommendations of the city's first Equity & Inclusion Plan!
Sign up to host a chat by September 8th.
engage.bozeman.net/belonging83