Montana Code 76-25-503. Appeals
76-25-503. Appeals. (1) Appeals of any final decisions made pursuant to this chapter must be made in accordance with this section.
Terms Used In Montana Code 76-25-503
- 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.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means a person who seeks a land use permit or other approval of a development proposal. See Montana Code 76-25-103
- Final plat: means the final drawing of the subdivision and dedication required by this chapter to be prepared for filing for record with the county clerk and recorder and containing all elements and requirements set forth in this chapter and in regulations adopted pursuant to this chapter. See Montana Code 76-25-103
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Planning administrator: means the person designated by the local governing body to review, analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other development applications as required in this chapter. See Montana Code 76-25-103
- Plat: means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. 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
- 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
- Writing: includes printing. See Montana Code 1-1-203
(2)For a challenge to the adoption of or amendment to a land use plan, zoning regulation, zoning map, or subdivision regulation, a petition setting forth the basis for the challenge must be presented to the district court within 30 days of the date of the resolution or ordinance adopted by the governing body.
(3)(a) Any final administrative land use decision, including but not limited to approval or denial of a zoning permit, preliminary plat or final plat, imposition of a condition on a zoning permit or plat, approval or denial of a variance from a zoning or subdivision regulation, or interpretation of land use regulations or map may be appealed by the applicant or any aggrieved person to the planning commission.
(b)An appeal under subsection (3)(a) must be submitted in writing within 15 business days of the challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.
(c)The planning commission shall hear the appeal de novo. The planning commission is not bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant has the burden of proving that the appealed decision was made in error.
(e)A decision of the planning commission on appeal takes effect on the date when the planning commission issues a written decision.
(4)(a) Any final land use decision by the planning commission may be appealed by the applicant, planning administrator, or any aggrieved person to the governing body.
(b)An appeal under subsection (4)(a) must be submitted in writing within 15 business days of the challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.
(c)The governing body shall hear the appeal de novo. The governing body is not bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant has the burden of proving that the appealed decision was made in error.
(d)A decision of the governing body on appeal takes effect on the date when the governing body issues a written decision.
(5)(a) No person may challenge in district court a land use decision until that person has exhausted the person’s administrative appeal process as provided in this section.
(b)Any final land use decision of the governing body may be challenged by presenting a petition setting forth the grounds for review of a final land use decision with the district court within 30 calendar days after the written decision is issued.
(c)A challenge in district court to a final land use decision of the governing body is limited to the issues raised by the challenger on administrative appeal.
(6)Every final land use decision made pursuant to this section must be based on the administrative record as a whole and must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.
(7)Nothing in this chapter is subject to any provision of Title 2, chapter 4.