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MontanaSB 21469th Legislature, Regular Session (2025)SenateWALLET

Revise zoning laws to clarify decisions regarding prior nonconforming use of property

Sponsored By: Greg Hertz (Republican)

Became Law

Local GovernmentPlanning and DevelopmentPropertyCities and TownsCounties

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Bill Overview

Analyzed Economic Effects

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

Faster, clearer local design review

Local design rules must be clear, objective, and needed for health or safety or to follow federal law. City employees decide if a permit or variance meets those standards. Cities cannot require outside boards, except historic preservation boards may review locally designated or National Register historic places. Historic district and covenant rules still apply.

Stronger protections for prior uses

The law protects uses that were legal before a zoning change. Local government can end a nonconforming use only if it changed after the rule or was abandoned. When zoning is unclear, officials and courts must read it in favor of the prior use. Ambiguities about any use’s legality are resolved in favor of the use.

Tiny homes allowed under set rules

Local governments can zone to allow tiny homes. A tiny dwelling unit is 350–750 square feet, on a permanent foundation, and used as a single-family home for at least 45 days. Appendix Q for tiny houses in the building code, as printed on January 1, 2023, may apply to other requirements.

Clear zoning maps and annexation planning

Local governments must adopt a zoning map that shows the zone for each property and matches the land use plan. They must carry forward existing zoning rules into new regulations. Cities must plan zoning for areas they expect to annex over the next 20 years. Unless jurisdictions agree otherwise, city zoning cannot be enforced on land outside the city until it is annexed or being annexed.

Easier siting of manufactured homes

In permit or variance hearings, officials must start with the view that a manufactured home does not hurt nearby values. Manufactured housing means a factory-built single-family home that meets HUD standards when produced. It does not include a mobile home or house trailer under 15-1-101.

Hazard and flood zone building limits

Zoning maps must flag areas where development may be denied due to hazards, poor access, lack of water, or high public costs. Zoning must address 100-year floodways and other flood risks. If hazards cannot be fixed, future development is limited or prohibited. Only approved construction or mitigation methods identified in zoning may be used, and not building rules beyond those named by the Department of Labor and Industry.

No fees or land for affordability

Zoning rules cannot force payment of fees or dedication of land to provide housing at set incomes or prices. This includes payments to housing authorities and reserving land for future income-targeted housing. Developers and owners face fewer required contributions, but cities lose a tool to produce below‑market units.

Zoning enforcement with 30 day notice

Counties and cities can act to stop unlawful buildings and uses, including abatement and blocking occupancy. For violations that face penalties under 76-2-211, the county must try for 30 days to get voluntary compliance before filing a complaint. County commissioners may appoint enforcing officers to supervise and enforce zoning.

Sponsors & Cosponsors

Sponsor

  • Greg Hertz

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 210 • No: 185

Senate vote • 4/11/2025

AMD-SB0214.002.004 Strand DO PASS

Yes: 40 • No: 59

Senate vote • 4/11/2025

Do Concur

Yes: 52 • No: 47

Senate vote • 4/11/2025

Do Concur

Yes: 50 • No: 48

Senate vote • 2/27/2025

Do Pass

Yes: 34 • No: 16

Senate vote • 2/26/2025

Do Pass

Yes: 34 • No: 15

Actions Timeline

  1. Chapter Number Assigned

    5/8/2025Senate

  2. Signed by Governor

    5/5/2025Senate

  3. Transmitted to Governor

    4/25/2025Senate

  4. Signed by Speaker

    4/25/2025House

  5. Signed by President

    4/21/2025Senate

  6. Returned from Enrolling

    4/12/2025Senate

  7. Sent to Enrolling

    4/11/2025Senate

  8. 3rd Reading Concurred

    4/11/2025House

  9. 2nd Reading Concurred

    4/11/2025House

  10. 2nd Reading Motion to Amend Failed

    4/11/2025House

  11. Committee Report--Bill Concurred

    4/9/2025House

  12. Committee Executive Action--Bill Concurred

    4/8/2025House

  13. Hearing

    3/6/2025House

  14. First Reading

    2/28/2025House

  15. Referred to Committee

    2/28/2025House

  16. Transmitted to House

    2/27/2025Senate

  17. 3rd Reading Passed

    2/27/2025Senate

  18. 2nd Reading Passed

    2/26/2025Senate

  19. Committee Report--Bill Passed as Amended

    2/25/2025Senate

  20. Committee Executive Action--Bill Passed as Amended

    2/24/2025Senate

  21. Hearing

    2/1/2025Senate

  22. Referred to Committee

    1/27/2025Senate

  23. First Reading

    1/27/2025Senate

  24. Introduced

    1/24/2025Senate

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • As Amended (Version 2)

    2/25/2025

    PDF

  • Introduced

    1/24/2025

    PDF

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