SB 214 Montana Senate · 2025 Regular Session

Revise zoning laws to clarify decisions regarding prior nonconforming use of property

SB 214 revises zoning laws to clarify decisions regarding property use and prior nonconforming uses. The bill mandates that if zoning regulations are ambiguous about a property's use or a nonconforming use, the interpretation must favor the property's use. It also removes the ability of historic preservation boards to review applications for zoning permits and variances. This legislation primarily affects property owners and local zoning authorities by establishing clearer rules for interpreting and enforcing zoning regulations.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
Senate Passage
Apr 2025
House Passage
Apr 2025
Signed into Law
May 2025
Introduced Jan 24, 2025 Signed May 8, 2025
Maddy AI version diff · 3 comparisons

What changed between versions

SB0214_2(10).pdf SB0214_X.pdf · 4 edits
MODERATE
This bill clarifies Montana zoning laws by establishing that when regulations are ambiguous, courts must favor allowing existing property uses. It also updates definitions to include tiny dwelling units and modernizes the definition of manufactured housing.
Scope change
The bill expands the scope of protected uses by explicitly including 'tiny dwelling units' and clarifies the legal standard for nonconforming uses across all counties and municipalities.
DEFINITION

Added 'tiny dwelling units' to the list of allowable zoning districts to encourage their development.

Updated the definition of 'manufactured housing' to align with current federal standards and explicitly exclude mobile homes.

REQUIREMENT

Changed the legal interpretation rule so that ambiguous zoning regulations must be interpreted in favor of allowing a nonconforming use, rather than favoring the free use of property in general.

ENFORCEMENT

Removed the exception that allowed historic preservation boards to review applications for zoning permits and variances.

Floor votes · Senate Feb 27, 2025 · House Apr 11, 2025

How they voted

3416
Passed
Total votes 50
Feb 27, 2025
D Democratic18
3 Yea 15 Nay
83% Nay
R Republican32
31 Yea 1 Nay
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
40
Key actions
9
Committee
6
May 5, 2025
Signed into law
(S) Signed by Governor
upper
Apr 25, 2025
Lower · Passed
(H) Signed by Speaker
lower
Apr 21, 2025
Upper · Passed
(S) Signed by President
upper
Apr 11, 2025
House · Passed
House Vote: pass (50-48-2)
house
Apr 9, 2025
Lower · Passed
(H) Committee Report - (H) Local Government
lower
Apr 9, 2025
Lower · Passed
(H) Committee Executive Action - (H) Local Government
lower
Feb 28, 2025
Committee
(H) Referred to Committee - (H) Local Government
lower
Feb 27, 2025
Senate · Passed
Senate Vote: pass (34-16)
senate
Feb 25, 2025
Upper · Passed
(S) Committee Report - (S) Local Government
upper
Feb 25, 2025
Upper · Passed
(S) Committee Executive Action - (S) Local Government
upper
Jan 27, 2025
Committee
(S) Referred to Committee - (S) Local Government
upper
Jan 24, 2025
Introduced
(S) Introduced
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Greg Hertz
Greg Hertz
RRepublican
MT
7