All Roll Calls
Yes: 392 • No: 5
MontanaSB 12169th Legislature, Regular Session (2025)Senate
Revise the land use and planning act
Sponsored By: Forrest Mandeville (Republican)
Signed by Governor
CountiesLocal GovernmentPlanningPropertyCities and Towns
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 2 benefits, 0 costs, 6 mixed.
Stronger public voice in land use
Local governments must offer continuous public participation on land use plans and rules. They must share drafts, take written and spoken comments, hold noticed public meetings, post materials and comments online, and respond in writing. They must keep records of outreach following the Secretary of State’s retention schedule. The Department of Commerce provides a list of public‑participation methods and best practices. An agency meets notice rules if it adopts and uses the required public participation plan.
Faster permit reviews and decisions
After you file a complete application, the planning administrator checks for “substantial compliance” with local rules, looking at the whole plan. If it passes, the law requires a 15-business-day written public comment period and then a written decision. If comments show problems, the administrator can require more data and run a second 15-business-day comment period limited to those issues. Projects that meet all objective standards get a ministerial permit without discretion, issued by the administrator or designee. Decisions on development applications count as agency actions, and if your project does not comply, you can apply to amend the zoning.
Zoning limits building in hazard areas
Local zoning must mark places where building may be denied for unmitigable hazards, not enough water, bad drainage or access, weak services, or high public cost. Building is banned in those areas unless approved mitigation removes the hazard. Approved mitigation cannot rely on building rules unless listed by the Department of Labor and Industry under 50-60-901. Zoning must also address the 100-year floodway and other flood-prone areas by requiring mitigation or limiting or banning future building there. Existing lawful uses may continue unless the use changes or is later abandoned.
Planning commissions get clear roles
Local governments can form or join regional planning commissions, and some existing boards can count as commissions. City‑county board participation may continue. Commissions must have an odd number of voting members (at least three), meet at least every six months, keep open meetings and records, and follow quorum and voting rules. They review plans, maps, and rules and serve as the local appeal body. Commissions may be funded under 76-1-403, 76-1-404, and 76-1-406.
Clearer subdivision exemptions and utilities proof
The law clarifies which land splits are exempt from subdivision review and bars using exemptions to evade review. Before final plat approval, the certifying authority must confirm stormwater and needed municipal facilities will be provided. Required facilities must be provided on the timetable the governing body sets. A municipality may act as the reviewing authority and may self‑approve its exemption.
Two-step local appeals before court
You can appeal a final administrative land use decision to the planning commission within 15 business days. You can then appeal the commission’s final decision to the governing body within 15 business days. You must finish these appeals before going to district court. You must file in district court within 30 calendar days, and decisions are upheld unless arbitrary, capricious, or unlawful.
Immediate effect and special procedures
The law takes effect on passage and approval. Title 2, chapter 4 procedures do not apply to this land use chapter. Agencies must follow the procedures set in this act instead.
Cities plan annexation and edge rules
Cities must zone areas they expect to annex in the next 20 years. Those outside-city zoning rules are not enforced until annexation unless jurisdictions agree. Annexations must match an adopted growth policy or land use plan. Cities can extend zoning and subdivision rules outside city limits if they have an adopted plan, but that power ends when the county adopts its own rules. Sections that set certain extraterritorial limits end June 30, 2027.
Sponsors & Cosponsors
Sponsor
Forrest Mandeville
Republican • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/15/2025
Do Pass
Yes: 50 • No: 0
Senate vote • 4/14/2025
Do Pass
Yes: 44 • No: 4
House vote • 4/11/2025
Do Concur
Yes: 99 • No: 1
House 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
Chapter Number Assigned
5/13/2025SenateSigned by Governor
5/8/2025SenateTransmitted to Governor
5/1/2025SenateSigned by Speaker
5/1/2025HouseSigned by President
4/22/2025SenateReturned from Enrolling
4/16/2025SenateSent to Enrolling
4/15/2025Senate3rd Reading House Amendments
4/15/2025Senate2nd Reading House Amendments
4/14/2025SenateReturned to Senate with Amendments
4/11/2025House3rd Reading
4/11/2025House2nd Reading
4/11/2025HouseCommittee Report
4/9/2025HouseCommittee Executive Action
4/8/2025HouseHearing
3/7/2025House1st Reading
2/17/2025HouseReferred to Committee
2/17/2025HouseTransmitted to House
2/14/2025Senate3rd Reading
2/14/2025Senate2nd Reading
2/13/2025SenateCommittee Report
2/11/2025SenateCommittee Executive Action
2/10/2025SenateHearing
1/15/2025SenateReferred to Committee
1/13/2025Senate1st 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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