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SB 284, Subdivision for Rent or Lease Property Fairness

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

Read the Bill:  HTML  |  PDF  |  Additional Information

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.

Under this law counties will review rv/mobile home parks pursuant to their subdivisions regulations.  Most counties address rv/mobile home parks in their subdivision regulations.  However, as 76-3-208 is repealed it is not addressed whether rv/mobile home parks will be subject to surveying and recording.  Counties will have to make this decision in their subdivision regulations.

Cell tower sites are not reviewable under this bill.  Cell towers could be reviewed as a structure if there were more than five on a tract of record.

Senator Rosendale sponsored the bill and explained that the bill is based on the inconsistencies in subdivision review for lease or rentals since the 2013 AG opinion and the process that was taken during the interim to address subdivisions for lease or rent.  Proponents of the bill includes MARs, MBI, Homer Staves, President of Montana Campgrounds, MARLs, residents of Missoula County, the City of Missoula, the Montana Chamber of Commerce, CTAP, the Montana League of Cities and Towns, United Property Owners of Montana and residents of Lewis and Clark County.

Opponents included MACo, Smart Growth, Lewis and Clark County, Montana Association of Planners, Montana Audubon and MEIC.  MACo opposed on the fact that counties had no flexibility to lower the number of exemptions from five.

In executive action amendments were put on the bill that lowered the number of lease or rented buildings/units exempted from review to three.  However, amendments were also put on the bill that takes away the counties ability to review mobile homes/rvs under any circumstances, including rv/mobile home parks.  Thus, the only way to review mobile home/rv parks and work camps would be through zoning.

Additional Information: 
  • Heard before Senate Local Government on February 20, 2013.
  • Amended in Committee and Passed with Amendments on February 22, 2013.
Tara DePuy | 406.223.1803 |