76-25-307. 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.

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Terms Used In Montana Code 76-25-307

  • 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
  • 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

(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 this chapter.