HomeMy WebLinkAboutCom Dev Presentation to Study Commission - 10-15-2025Local Government Study Commission Wednesday, October 15, 2025
Community Development Department
•Building –Review & inspections, Board of
appeals
•Current Planning –Permit review
•Long-Range Planning –Policy, impact
fees, CDB
•Historic Preservation –Education, permit
review, HPAB
•Administration –Intake/issuance, fees,
business licenses
Sec. 4.04. Land Use, Development, and
Environmental Planning.
Consistent with all applicable federal and state laws with
respect to land use, development, and environmental
planning, the city commission shall:
(1) Designate an agency or agencies to carry
out the planning function and such decision-making
responsibilities as may be specified by ordinance;
(2) Adopt a comprehensive plan and
determine to what extent zoning and other land use
control ordinances must be consistent with the plan;
(3) Determine to what extent the comprehensive
plan and zoning and other land use ordinances must be
consistent with regional plan(s); and
(4) Adopt development regulations, to be
specified by ordinance, to implement the plan.
The designated agency, the city manager, and the mayor
and commission shall seek to act in cooperation with
other jurisdictions and organizations in their region to
promote integrated approaches to regional issues.
State law reference(s)—Land resources and use,
MCA 76-1-101 et seq.
Growth, Sustainability, Land
Use, Zoning and Housing
7-1-114. Mandatory
provisions.(1) A local
government with self-
government powers is subject
to the following provisions:
(a)all state laws providing for
… annexation, …
(e) all laws that require or
regulate planning or
zoning;
Growth, Sustainability, Land
Use, Zoning and Housing
Replaces zoning and subdivision purposes
Requires city action to plan and zone
Replaces all review processes – subdivision, site
development, appeals, variances
All site development is administrative review
All policy making is legislative review
Changes criteria for approval and amendments
New definitions of housing types
Requires local adoption of housing supportive
regulations
Title 76 Chapter 25
Montana Land Use Planning Act -2023
Revised public notice and project review procedures
under MLUPA
Limited how cities can require parking, esp.
residential
Restricted building height caps in some types of
districts
Require all types of housing construction to be
treated equally
Non-conforming property provisions modified
Other state laws - 2025
TITLE 76. LAND RESOURCES AND USE
CHAPTER 25. MONTANA LAND USE
PLANNING ACT
Part 1. General Provisions
Part 2. Land Use Plan
Part 3. Zoning
Part 4. Subdivision Regulations
Part 5. Fees, Variances, Appeals, Enforcement,
and Penalties
State Required Plan Contents
•76-25-203 Existing conditions and population projections
•76-25-206 Housing
•76-25-207 Local services and facilities
•76-25-208 Economic development
•76-25-209 Natural resources, environment, and hazards
•76-25-213 Land use and future land use map
•76-25-216 Implementation
HydrantsManholesWater MilesSewer MilesStreet MilesSample
28594.343.956.991
661457.196.668.732
741146.865.9710.973
561066.135.538.9Average
By the Numbers, part 1
Development is infrastructure intensive. Costs are substantial both for
initial installation and for maintenance. Compact development lowers
costs.
1 pound of CO2e is generated for each mile
driven.
9.5 trips per day from a single detached home.
Shortening total travel by 1 mile per trip per day =
3,467.5 pounds CO2e avoided per year
IRS milage reimbursement is $0.70 per mile
Shortening total travel by 1 mile per trip per day =
$2,427.25 per year
By the Numbers, part 2
What is the Unified
Development Code (UDC)?
•Primary regulation governing land use and
development
•Balance of many interacting interests
•Avoidance and mitigation of development impacts
•Implementation of Bozeman Community Plan
•Demonstrates compliance with law
Location Processes Uses
Form and
Intensity NCOD Utilities Parks
Affordable
Housing
Natural
Resources Transport Landscape Community
Design
Chpt. 38 Unified Dev. Code Elements
Community Development Board
• Planning Commission is required by state law
• Appointed by City Commission
• Applications reviewed
o Site specific – only role is in consideration of appeals
• Types of policy-making (recommendations)
o Land use plan
o Zoning regulations and zoning map
o Subdivision regulations
o Other legislative actions requested by governing body.
• Impact Fee Advisory Committee
• Charter does not add to
the statutory
requirements. Therefore,
nothing is missing.
• What can be improved –
clarify obligation to
follow new state laws
• Data collection and
management are
increasingly important
What is working, what is
missing, what can be
improved?
- Identify the City as an
entity within required
State framework
- Delete 4.04 re: Land Use
Planning as already
required by State Law;
other Depts not listed in
Charter
- CIP Dec 15 presentation
deadline unnecessary
What are possible structural
solutions to be considered for
the City Charter?