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! ACTION NEEDED ! HB 182 - Contact Representatives & URGE Opposition

Posted Date: 
January 28, 2015

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UPDATE:  HB 182 died on the House Floor today on a 41-59 vote during its second Third Reading after being revived January 28 on a 54-46 vote.

Please contact your Representatives IMMEDIATELY regarding HB 182, Require that zoning be adopted before use of land can be regulated (carried by Representative Forrest Mandeville).  It was revived on the House Floor today on 54-46 vote (click link to see how your Representative voted) after it had died yesterday on a 50-50 vote  (click link to see how your Representative voted) on third reading.   HB 182 will again have a third reading tomorrow (Thursday, January 29), so we need to act fast.

Memo on Draft Administrative Rules for Exempt Wells

Posted Date: 
August 26, 2013
Contact: 
Tara DePuy, MACo JPIA Land Use Attorney

Draft Rules (Pages 34-36)

The Montana Department of Natural Resources and Conservation has noticed a public hearing on its proposed amendment and adoption of a definition of “combined appropriation” as it relates to exempt wells and exempt develo

! ACTION NEEDED ! - SB 19, Define Combined Appropriation for Exempt Wells

Posted Date: 
March 22, 2013
Contact: 
Harold Blattie, Executive Director, Montana Association of Counties

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Senate Bill 19 - Define combined appropriations for exempt wells passed the Senate and has also passed out of House Natural Resources committee on a very close 9-7 vote.  It will likely be scheduled on the House floor for second reading next week.

SB 324, Generally revise the subdivision laws related to lease or rent requirements

Posted Date: 
March 22, 2013
Contact: 
Tara DePuy, MACo JPIA Land Use Attorney

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This bill is one of two remaining bills addressing subdivisions for rent or lease.  This bill was amended in Senate Local Government and now three or fewer lease or rentals of buildings/units are exempt upon signing of the bill but they are subject to sanitation review; that number can be increased but not decreased.  Four or more LRs are required to go through a review process and new regulations must be adopted by Sept 1, 2013.  Minimum review criteria can be expanded by super-majority vote.  LRs may be exempted from review if there is county zoning that contains the minimum review criteria.  This law would be codified in a new part in Title 76.

SB 23, Revise Interim Zoning for County Imposed/Part 2 Zoning – 76-2-206

Posted Date: 
January 14, 2013
Contact: 
Tara DePuy, MACo JPIA Land Use Attorney

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UPDATE -- March 19, 2013 -- SB 23 was amended and then the amendments were struck by the Senate, so the version heard by the House was as heard by Senate Local Government Committee with the addition of the words “present and voting” in the super-majority vote to extend interim zoning for one year.  The bill went through Executive Action on March 7 and passed onto the House Floor on March 12, where it concurred on Second Reading, 60-40, and again on Third Reading, 58-38.  It was enrolled on March 15 and signed by the Senate President on March 19.

SB 40, Generally revising provisions governing subdivision review– 76-3-604 and 76-3-615

Posted Date: 
January 16, 2013
Contact: 
Tara DePuy, MACo JPIA Land Use Attorney

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UPDATE -- March 19, 2013 -- SB 40 was amended in the Senate Local Government Committee to simplify the bill and remove the section stating that mitigation information could never be considered new information pursuant to 76-3-608.  The bill now states that a subdivision application is deemed submitted on the date delivered to the reviewing agent or agency.  It went through Executive Action on March 7 and passed onto the House Floor on March 11 as amended, where it concurred on Second Reading, 99-1, and again on Third Reading, 94-3.  It returned to the Senate on March 13, where the House amendments concurred on Second Reading, 44-1, and again on Third Reading, 38-11.  It was enrolled on March 19.

SB 146, Revise Local Subdivision Review to Require Information Submitted by Governmental Entity to be Supported by Scientific Information – 76-3-608

Posted Date: 
January 24, 2013
Contact: 
Tara DePuy, MACo JPIA Land Use Attorney

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UPDATE -- March 19, 2013 -- SB 146 was amended in the Senate Local Government Committee to remove the application to local government and to also allow opinion testimony regarding wildlife, wildlife habitat or the natural environment by federal or state government entities to be supported by a published study in addition to scientific information.  The bill was further amended in the Senate to state that a governing body may only use the opinion in the written statement regarding the approval, approval with conditions or denial of the subdivision if the opinion is supported by scientific information or a published study.  Governmental entities must also disclose if they were involved in an effort to acquire or assist other in acquiring an interest in the real property identified in the subdivision.  The bill had no opponents before House Local Government.  The bill went through Executive Action on March 12 and passed onto the House Floor on March 15, where it concurred on Second Reading, 95-5, and again on Third Reading, 95-2.  It was enrolled on March 19.

SB 284, Subdivision for Rent or Lease Property Fairness

Posted Date: 
February 20, 2013
Contact: 
Tara DePuy, MACo JPIA Land Use Attorney

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SB 284, Establish the property fairness act, exempts five or fewer lease or rentals of buildings/units but they are subject to sanitation review; that number can be increased but not decreased.  Six or more LRs are required to go through a review process and new regulations must be adopted by Sept 1, 2013.  Minimum review criteria can be expanded by super-majority vote.  LRs may be exempted from review if there is county zoning that contains the minimum review criteria.  This law would be codified in a new part in Title 76.

HB 499, Amending Conveyance Exemptions for Subdivision Regulations

Posted Date: 
February 21, 2013
Contact: 
Tara DePuy, MACo JPIA Land Use Attorney

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This bill is one of three subdivision for lease or rent bills before the legislature.  This bill changes Section 76-3-204, which was one of the two statutes interpreted 2013 AG Opinion on subdivisions for lease or rent.  The bill provides an exemption that permanently exempts from further review as a rental or lease a building that is in existence or under contraction on the effective date of the act that is rented or leased.  The building is subject to DEQ review. 

HB 531, Revising Laws Governing Exemptions for SLR and for Townhouses

Posted Date: 
February 21, 2013
Contact: 
Tara DePuy, MACo JPIA Land Use Attorney

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HB 531, Revise exemptions for certain divisions of land, is one of three subdivision for lease or rent bills before the legislature.  This bill deleted the reference to townhouses/homes in Section 76-3-203, Exemption for Certain Condominiums.  The bill also adds a new exemption to subdivision law that states that subdivisions created by rent or lease are exempt from county/city review if the governing body has adopted zoning regulations that “include standards for uses of property that create subdivision by rent or lease.”  The bill also adds a cross reference from Section 76-3-208, Subdivisions Exempted from Surveying and Filing requirements but Subject to Review Provisions, to the new exemption.