Montana Code 76-25-106. Public participation
76-25-106. 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 this chapter.
Terms Used In Montana Code 76-25-106
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- governing body: means the elected body responsible for the administration of a local government. See Montana Code 76-25-103
- Land use plan: means the land use plan and future land use map adopted in accordance with this chapter. See Montana Code 76-25-103
- Land use regulations: means zoning, zoning map, subdivision, or other land use regulations authorized by state law. See Montana Code 76-25-103
- Local government: means a county, consolidated city-county, or an incorporated municipality to which the provisions of this chapter apply as provided in 76-25-105. See Montana Code 76-25-103
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- 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. See Montana Code 76-25-103
(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;
(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 this chapter.
(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;
(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.