Housing (Zoning)

introduced · Montana · Legislature Jan 23, 2025

LC 1016: Revise zoning laws to clarify decisions regarding prior nonconforming use of property

This bill amends Montana's zoning laws to establish that when there is ambiguity about whether a property's prior use is allowed, decisions must favor allowing that use to protect property rights. It directly affects property owners, developers, and local zoning officials by clarifying how existing nonconforming uses are interpreted and enforced. The legislation removes the ability of historic preservation boards to review zoning permit applications and variances, while also adding a rebuttable presumption that manufactured homes in residential areas will not negatively impact property values. Additionally, the bill defines tiny dwelling units as residential spaces between 350 and 750 square feet and requires local design review standards to be clear, objective, and necessary for public health or safety.

Topics ✓ HousingSupports HousingBill protects property rights and clarifies zoning to favor allowing existing nonconforming uses, which supports housing development and property owner interests.75% confidence

Sub-Topics Historic Preservation Zoning

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introduced · Montana · Legislature Jan 29, 2025

LC 808: Amend zoning regulations to allow taller buildings

This bill amends Montana zoning laws to allow taller buildings and more flexible housing options in certain municipalities. It requires cities with over 5,000 residents to permit multiple-unit dwellings and mixed-use developments in commercial zones with municipal water and sewer access. The legislation also limits local governments from imposing more than one off-street parking space per unit, restricting parking requirements to those needed for accessibility, and preventing height restrictions on buildings from being fewer than six stories in qualifying urban areas. Additionally, the bill defines key terms like duplex housing and mixed-use developments to clarify what types of structures can be built under these new rules.

Topics ✓ HousingSupports HousingBill allows taller buildings, multiple-unit dwellings, and mixed-use developments while limiting parking requirements, directly increasing housing supply and affordability.90% confidence

Sub-Topics Land Use Property Development Zoning

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introduced · Montana · Legislature Feb 25, 2025

LC 3403: Revise zoning laws related to the rental of a primary residence

This bill prevents local governments in Montana from banning short-term rentals of a property owner's primary residence, including accessory dwelling units or homes on neighboring lots that share a boundary. It defines a primary residence as a home where the owner lives at least 183 days per year and applies to all county and municipal zoning regulations. The law also amends existing state statutes to limit local zoning authority, ensuring communities cannot impose fees or restrictions that would prevent these specific rental arrangements. Property owners who meet the occupancy requirement can now rent out their homes or nearby properties without local prohibition, regardless of how their jurisdiction is divided into zoning districts.

Topics ✓ HousingSupports HousingBill prevents local governments from banning short-term rentals of primary residences, increasing housing availability and protecting property rights for homeowners.85% confidence

Sub-Topics Landlords Renters Zoning

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introduced · Montana · Legislature Feb 4, 2025

LC 914: Allow revocation of agricultural covenant on lands annexed into municipality

This bill allows local governments in Montana to cancel agricultural covenants on land that has been annexed into a municipality, enabling the land to be developed without undergoing subdivision review. The law applies specifically to properties that previously received exemptions from subdivision requirements under state agricultural zoning laws. Under the new provisions, a governing body can revoke the covenant if the land is annexed, provided that original lot lines are restored or the land is used for public purposes, though public hearings are required for certain revocations. Sanitary restrictions related to water and waste remain unaffected by this change.

Topics ✗ HousingOpposes HousingBill enables cancellation of agricultural covenants on annexed land, potentially reducing protections that limit development and preserve affordable housing options.75% confidence

Sub-Topics Property Development Zoning

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introduced · Montana · Legislature Jan 30, 2025

LC 1861: Revise land use laws related to manufactured and factory built homes

This bill revises Montana's land use laws to require that manufactured and factory-built homes be treated the same as other residential properties in zoning regulations. It directly affects local governments, homeowners, and housing developers by mandating equal treatment in zoning districts and establishing a rebuttable presumption that placing these homes will not negatively impact property values. The legislation also updates definitions to include mobile homes and house trailers under manufactured housing, allows manufactured housing as a commercial purpose on state trust land leases, and defines tiny dwelling units as 350 to 750 square feet on permanent foundations. Additionally, the bill clarifies that local design review standards must be clear, objective, and necessary to protect public health or safety.

Topics ✓ HousingSupports HousingBill mandates equal zoning treatment for manufactured homes, increasing housing options and preventing discriminatory zoning restrictions.90% confidence

Sub-Topics Land Use Zoning

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introduced · Montana · Legislature Jan 8, 2025

LC 3842: Remove the restriction on inclusionary zoning

This bill removes state-level restrictions that currently prevent Montana cities and towns from requiring developers to pay fees or dedicate land for affordable housing. By repealing specific sections of the Montana Code Annotated, the legislation allows local governments to mandate that housing projects include units for specified income levels or sell at specified prices. The key change eliminates the prohibition on fees and land dedications that were previously in place under state zoning laws. Local municipalities would gain the authority to implement inclusionary zoning policies to address housing affordability within their jurisdictions.

Topics ✓ HousingSupports HousingBill removes state restrictions on inclusionary zoning, allowing cities to mandate affordable housing units and fees, directly advancing affordable housing access.95% confidence

Sub-Topics Affordable Housing Land Use Zoning

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introduced · Montana · Legislature Mar 18, 2025

LC 705: Revise county zoning to allow accessory dwelling units

This bill requires Montana counties to allow at least one accessory dwelling unit by right on single-family lots, meaning homeowners can add a secondary living space without needing special permits or hearings. The law sets specific rules for these units, such as limiting their size to no more than 75% of the main home or 1,000 square feet, whichever is smaller, and prohibits counties from requiring matching exterior designs, owner occupancy, or additional parking. Counties may charge a one-time application fee of up to $250 per unit but cannot impose impact fees, restrictive covenants, or more stringent building standards than those already applied to the primary residence. The bill also clarifies that existing building, fire, and health codes still apply, while allowing counties to adopt even more permissive regulations if they choose.

Topics ✓ HousingSupports HousingBill expands housing options by allowing accessory dwelling units, increasing affordable housing supply and reducing zoning restrictions.90% confidence

Sub-Topics Zoning

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introduced · Montana · Legislature Feb 10, 2025

LC 886: Revise municipal zoning laws related to parking requirements

This bill revises Montana's municipal zoning laws to limit mandatory parking requirements for new developments. It directly affects cities and towns that currently enforce minimum parking rules, as well as developers building new residential and commercial properties. The key provisions cap parking requirements at one space per residential unit and one space per 5,000 square feet of commercial space, with additional exemptions for small businesses, affordable housing, and certain facility types. Municipalities that choose to require more parking than these limits must compensate developers for the real cost of constructing the extra spaces. The bill also mandates duplex housing in cities with over 5,000 residents and allows shared parking agreements as an alternative to on-site parking.

Topics ✓ HousingSupports HousingBill reduces parking requirements for new developments, which lowers development costs and can increase affordable housing supply by removing unnecessary barriers to construction.85% confidence

Sub-Topics Affordable Housing Zoning

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introduced · Montana · Legislature Feb 4, 2025

LC 1655: Revise municipal zoning to allow for triplex and fourplex housing

This bill requires cities with at least 5,000 residents to allow duplex, triplex, and fourplex housing on lots where single-family homes are permitted, ensuring these multi-unit options face no stricter zoning rules than single-family homes. It also mandates that urban municipalities with municipal water and sewer systems allow multiple-unit dwellings and mixed-use developments in commercial zones, while limiting off-street parking requirements to one space per unit. Additionally, the legislation encourages cities to adopt various housing strategies such as reducing minimum lot sizes, eliminating certain impact fees, and relaxing design requirements to promote more diverse housing options.

Topics ✓ HousingSupports HousingBill expands housing options by allowing multi-unit dwellings in single-family zones and reducing parking requirements, directly increasing affordable housing supply.95% confidence

Sub-Topics Land Use Property Development Zoning Tags Local Government

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introduced · Montana · Legislature Feb 17, 2025

LC 1007: Revise laws related to short-term rentals

This bill reclassifies short-term rentals as residential uses rather than commercial activities, which directly affects property owners, renters, and local zoning authorities in Montana. It establishes that short-term rentals are generally permitted in any area where residential use is allowed, unless a jurisdiction explicitly prohibits them across an entire zoning district or area. The law also creates specific protections for primary residences, allowing owners to rent out their homes even if local rules ban short-term rentals, provided the owner lives there at least 183 days annually. Additionally, the bill requires additional analysis before local governments can restrict or prohibit short-term rentals, ensuring communities consider the impact of such decisions.

Topics ✓ HousingSupports HousingBill reclassifies short-term rentals as residential uses, expanding housing options and protecting property owners' rights to rent their homes, which supports housing availability and property rights.85% confidence

Sub-Topics Renters Zoning

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