MontanaSB 12169th Legislature, Regular Session (2025)SenateWALLET

Revise the land use and planning act

Sponsored By: Forrest Mandeville (Republican)

Became Law

CountiesLocal GovernmentPlanning and DevelopmentPropertyCities and Towns

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 3 benefits, 0 costs, 5 mixed.

City zoning reach outside city limits

A city with a growth policy or land use plan can apply its zoning or subdivision rules just outside city limits. First-class cities can extend up to 3 miles, second-class up to 2 miles, and third-class up to 1 mile, with limits where counties already regulate or by other statutes. Cities must plan zoning for areas they expect to annex in the next 20 years, but city zoning cannot be enforced on land outside city limits until it is annexed or being annexed, unless jurisdictions agree.

Clearer subdivision exemptions and service checks

The law clarifies which land splits do not need full subdivision review, including some remainder tracts with specific sewage or public system setups and certain cabin or home site sales. To use a specific exemption, the certifying authority must notify the reviewer that stormwater drainage and municipal facilities will be provided, and send that notice before final plat approval when required. Some municipalities may be allowed to self-approve this exemption, and facilities must be in place within the times the law sets.

Faster subdivision reviews and clear timelines

You can request a subdivision preapplication review, and it must happen within 30 business days. Exemption applications with all required materials must be approved or denied within 20 business days. After a complete application, the planning administrator posts an initial decision and takes written public comments for 15 business days; ministerial permits can be issued without discretionary review. Final plats get a completeness check in 10 business days, and the governing body must approve or deny within 20 business days. Phased preliminary plats can move to final plat for up to 5 years; after 5 years, remaining phases are rechecked for new impacts and may get new conditions. Some of these procedural sections end June 30, 2027.

Limits on building in hazard areas

Zoning must flag places where building may be denied because of natural hazards, poor water or drainage, lack of access or services, or excessive public cost. Building there is banned unless approved construction techniques or mitigation remove the hazard or impact. Mitigation cannot include building rules beyond those identified by the Department of Labor and Industry.

Clear land-use terms and agency roles

The law updates many land-use definitions, such as ministerial permit, jurisdictional area (including a 20-year annex horizon), subdivision, dwelling types, and substantial compliance. It also clarifies who counts as an agency, what an agency action is, and what a rule is for development decisions. A development application is defined for requests under this land use chapter.

More chances to take part in planning

Local governments must give the public ongoing chances to join in when they change land use plans and rules. They must share drafts, accept written and spoken comments, hold meetings with notice, post online, and write responses to comments. Using the required public participation plan counts as meeting notice rules for actions under this land use chapter.

Stronger local planning appeals process

Every local government must have a planning commission that meets regularly and keeps public records. You can appeal a final site-specific land use decision to the planning commission in writing within 15 business days; it must hold a new public hearing. You may then appeal to the governing body within 15 business days. You must finish these appeals before going to district court, and court challenges to plan adoption or changes must be filed within 30 calendar days.

Annexations must match plans and services

Any area to be annexed must be inside and follow an adopted growth policy or land use plan. If a rural fire district now serves the area, the city must plan to keep service going and, if needed, pay the district for equipment and costs or plan to annex into the rural fire district. After services transfer, district boundaries may change or the district may be dissolved under state law.

Sponsors & Cosponsors

Sponsor

  • Forrest Mandeville

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 387 • No: 4

Senate vote 4/15/2025

Do Pass

Yes: 50 • No: 0

Senate vote 4/14/2025

Do Pass

Yes: 40 • No: 3

Senate vote 4/11/2025

Do Concur

Yes: 98 • No: 1

Senate vote 4/11/2025

Do Concur

Yes: 99 • No: 0

Senate vote 2/14/2025

Do Pass

Yes: 50 • No: 0

Senate vote 2/13/2025

Do Pass

Yes: 50 • No: 0

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025Senate
  2. Signed by Governor

    5/8/2025Senate
  3. Transmitted to Governor

    5/1/2025Senate
  4. Signed by Speaker

    5/1/2025House
  5. Signed by President

    4/22/2025Senate
  6. Returned from Enrolling

    4/16/2025Senate
  7. Sent to Enrolling

    4/15/2025Senate
  8. 3rd Reading Passed as Amended by House

    4/15/2025Senate
  9. 2nd Reading House Amendments Concurred

    4/14/2025Senate
  10. Returned to Senate with Amendments

    4/11/2025House
  11. 3rd Reading Concurred

    4/11/2025House
  12. 2nd Reading Concurred

    4/11/2025House
  13. Committee Report--Bill Concurred as Amended

    4/9/2025House
  14. Committee Executive Action--Bill Concurred as Amended

    4/8/2025House
  15. Hearing

    3/7/2025House
  16. First Reading

    2/17/2025House
  17. Referred to Committee

    2/17/2025House
  18. Transmitted to House

    2/14/2025Senate
  19. 3rd Reading Passed

    2/14/2025Senate
  20. 2nd Reading Passed

    2/13/2025Senate
  21. Committee Report--Bill Passed as Amended

    2/11/2025Senate
  22. Committee Executive Action--Bill Passed as Amended

    2/10/2025Senate
  23. Hearing

    1/15/2025Senate
  24. Referred to Committee

    1/13/2025Senate
  25. First Reading

    1/10/2025Senate

Bill Text

  • Enrolled

    4/15/2025

  • As Amended (Version 3)

    4/9/2025

  • As Amended (Version 2)

    2/11/2025

  • Introduced

    1/10/2025

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