Montana Code 76-8-101. Definitions
76-8-101. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 76-8-101
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 76-8-101
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Governing body: means the legislative authority for a city, town, county, or consolidated city-county government. See Montana Code 76-8-101
- Property: means real and personal property. See Montana Code 1-1-205
(1)”Building” means a structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or property or for the operation of a business. Except as provided in 76-3-103(16) the term includes a recreational camping vehicle, mobile home, or cell tower. The term does not include a condominium or townhome.
(2)”Department” means the department of environmental quality provided for in 2-15-3501.
(3)”Governing body” means the legislative authority for a city, town, county, or consolidated city-county government.
(4)”Landowner” means an owner of a legal or equitable interest in real property. The term includes an heir, successor, or assignee of the ownership interest.
(5)”Local reviewing authority” means a local department or board of health that is approved to conduct reviews under Title 76, chapter 4.
(6)”Supermajority” means:
(a)an affirmative vote of at least two-thirds of the present and voting members of a city or town council;
(b)a unanimous affirmative vote of the present and voting county commissioners in counties with three county commissioners;
(c)an affirmative vote of at least four-fifths of the present and voting county commissioners in counties with five commissioners;
(d)an affirmative vote of at least two-thirds of the present and voting county commissioners in counties with more than five commissioners; or
(e)an affirmative vote of at least two-thirds of the present and voting members of the governing body of a consolidated city-county government.
(7)”Tract” means an individual parcel of land that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder’s office.