Title 7, Title 7

All state statutes shall be applicable to self-government local units until superseded by ordinance or resolution in the manner provided in chapter 5, part 1 and subject to the limitations provided in this part.

The powers and authority of a local government unit with self-government powers shall be liberally construed. Every reasonable doubt as to the existence of a local government power or authority shall be resolved in favor of the existence of that power or authority.

A local government unit with self-government powers is prohibited from exercising the following: (1) any power that applies to or affects any private or civil relationship, except as an incident to the exercise of an independent self-government power; (2) any power that applies t…

A local government with self-government powers is prohibited the exercise of the following powers unless the power is specifically delegated by law: (1) the power to authorize a tax on income or the sale of goods or services, except that, subject to 15-10-420, this section may no…

(1) A local government with self-government powers is prohibited the exercise of any power in a manner inconsistent with state law or administrative regulation in any area affirmatively subjected by law to state regulation or control. (2) The exercise of a power is inconsistent w…

(1) A local government with self-government powers is subject to the following provisions: (a) all state laws providing for the incorporation or disincorporation of cities and towns, for the annexation, disannexation, or exclusion of territory from a city or town, for the creatio…

The governmental right to bring suit against a firearms or ammunition manufacturer, trade association, or dealer for abatement, injunctive relief, or tort damages resulting from or relating to the design, manufacture, marketing, or sale of firearms or ammunition sold to the publi…

(1) A local government may not enact, adopt, implement, enforce, or refer to the electorate a rule, order, ordinance, or policy that includes fees, taxation, or penalties based on carbon or carbon use. (2) (a) Fees, taxation, or penalties based on carbon or carbon use include for…

(1) Notwithstanding any other provision of law, a local government may not adopt or enforce an ordinance, resolution, or policy that prohibits or impedes, or has the effect of prohibiting or impeding, the connection or reconnection of an electric, natural gas, propane, or other e…

(1) The legislature finds that extreme risk protection orders violate a person's right to bear arms under the second amendment of the United States constitution and under Article II, section 12, of the Montana constitution. (2) A local government may not: (a) enact, adopt, or imp…

(1) The purpose of this section is to preempt any local ordinance, resolution, initiative, or referendum regulating the use, disposition, sale, prohibitions, fees, charges, or taxes on certain containers. (2) Except as provided in subsection (3), a local unit of government may no…

(1) A board of county commissioners may by resolution establish the administrative boards, districts, or commissions allowed by law or required by law to be established pursuant to 7-1-202, 7-1-203, Title 7, chapter 11, part 10, and this section and listed in 7-1-202. The resolut…

Subject to 7-1-201 and 7-1-203 and in addition to the following, a county may create administrative boards, districts, and commissions that are not otherwise provided for by law: (1) county building commission; (2) cemetery districts; (3) county fair commission; (4) mosquito cont…

(1) If the minimum number of qualified persons is not available for membership on an administrative board, district, or commission, the county commissioners may by resolution, at a public meeting, assume the duties of the administrative board, district, or commission and may act …

An administrative board, district, or commission created under 7-1-201 through 7-1-203 shall submit the minutes of its proceedings within 30 days after the minutes have been approved by that body for electronic storage and retention in accordance with the provisions of Title 2, c…

(1) In a small community a person may serve on more than one special purpose district board, regardless of whether the person is appointed or elected as provided by law. (2) (a) A person seeking election to more than one special purpose district board may run for more than one po…

(1) (a) If at least 5% of the qualified electors that are served by a local government entity file a petition against the board of the local government entity for allegations that the board has not complied with statutes applicable to the governance, operation, and function of th…

(1) A county is the largest political division of the state having corporate power. (2) Every county is a body politic and corporate and as such has the power specified in this code or in special statutes and such powers as are necessarily implied from those expressed.

The name of a county designated in the law creating it is its corporate name, and it must be known and designated thereby in all actions and proceedings touching its corporate rights, property, and duties. This provision does not prevent county officers, when authorized by law, f…

A county has power to: (1) except as provided in 7-5-103(2)(d)(iv) and 7-5-121(2)(c)(iv), sue and be sued; (2) purchase and hold lands within its limits; (3) make contracts and purchase and hold personal property that may be necessary to the exercise of its powers; (4) make order…

A county's powers can only be exercised by the board of county commissioners or by agents and officers acting under their authority or authority of law.

(1) Pursuant to Article XI, section 6, of the Montana constitution, a local government unit adopting a self-government charter may exercise any power not prohibited by the constitution, law, or charter. (2) Article XI, section 4, of the Montana constitution provides that a local …

(1) Unless otherwise specifically provided by law and except as provided in 13-1-108, whenever a local government unit other than a municipality is required to give notice by publication, this section applies. (2) A local government unit shall comply with the notice requirements …

(1) Unless otherwise specifically provided, whenever a local government unit other than a municipality is required to give notice of a hearing or other official act by mail, the requirement may be met by: (a) deposit of the notice, properly addressed, in the United States mail wi…

(1) The governing body shall specify by resolution a public location for posting information and shall order erected a suitable posting board. (2) When posting is required, a copy of the document must be placed on the posting board, and a copy must be available at the office of t…

Notwithstanding any other provision of this title, payment of a construction contractor or subcontractor, as those terms are defined in 28-2-2101, for services performed by a construction contractor or subcontractor is governed by the provisions of Title 28, chapter 2, part 21.

A city or town is a body politic and corporate with the general powers of a corporation and the powers specified or necessarily implied in this title or in special laws heretofore enacted.

Every city or town organized under this title is entitled "the city of ...." (naming it) or "the town of ...." (naming it) and by such name has perpetual succession.

(1) Pursuant to Article XI, section 6, of the Montana constitution, a local government unit adopting a self-government charter may exercise any power not prohibited by the constitution, law, or charter. (2) Article XI, section 4, of the Montana constitution provides that a local …

(1) Every city having a population of 10,000 or more is a city of the first class. (2) Every city having a population of less than 10,000 and more than 5,000 is a city of the second class. (3) Every city having a population of less than 5,000 and more than 1,000 is a city of the …

Notwithstanding the provisions of 7-1-4111: (1) every municipal corporation having a population of more than 9,000 and less than 10,000 may, by resolution adopted by the city council pursuant to 7-1-4114 through 7-1-4118, be either a first-class city or a second-class city; (2) e…

The census taken under the direction of the congress of the United States in 1890 and every 10 years thereafter shall be the basis upon which the respective populations of said municipal corporations shall be determined, unless a direct enumeration of the inhabitants thereof be m…

Whenever it manifestly appears to a city or town council from the last federal, state, county, city, or town census that such city or town has the requisite population to entitle it to be classified as provided in 7-1-4111 and 7-1-4112, such city or town must be advanced as provi…

(1) If it appears by such census that the city or town contains the requisite population to be advanced, the council must thereupon by resolution declare, as the case may be, that: (a) the town is advanced to a city of the first, second, or third class; (b) a city of the third cl…

The first election of officers of the new municipal corporation organized under the provisions of 7-1-4114 through 7-1-4118 must be at the first municipal election after reclassification, and the old officers remain in office until the new officers are elected and qualified.

All ordinances, bylaws, and resolutions adopted by the old municipal corporation, as far as consistent with the provisions of this code relative to cities and towns, remain in force until repealed by the council of the new municipal corporation.

(1) Whenever it appears by the census taken by the United States, the state, or otherwise that the population of a city of the first or second class has decreased so as to be insufficient in number to entitle it to be a city of that class, the council must thereupon, by resolutio…

As used in 7-1-4121 through 7-1-4127, 7-1-4129 through 7-1-4143, and 7-1-4145 through 7-1-4149, unless otherwise provided, the following definitions apply: (1) "Charter" means a written document defining the powers, structure, privileges, rights, and duties of the government and …

(1) A municipality has legislative, executive, and judicial powers. (2) All legislative powers are vested in the governing body of the municipality. (3) Executive powers are vested as provided in the form of government adopted by the municipality. (4) The judicial powers of a mun…

A municipality with general powers has the legislative power, subject to the provisions of state law, to adopt, amend, and repeal ordinances and resolutions required to: (1) preserve peace and order and secure freedom from dangerous or noxious activities; (2) secure and promote t…

A municipality with general powers has the power, subject to the provisions of state law, to: (1) enact ordinances and resolutions; (2) except as provided in 7-5-103(2)(d)(iv) and 7-5-121(2)(c)(iv), sue and be sued; (3) buy, sell, mortgage, rent, lease, hold, manage, or dispose o…

(1) As provided in Article II, section 18, of the Montana constitution, a municipality has no immunity from suit for injury to a person or property, except as may be specifically provided by law by a two-thirds vote of each house of the legislature. (2) A local government has the…

The governing body may by ordinance authorize the chief executive to adopt administrative rules. All administrative rules shall be entered in an administrative code that shall be available in the office of the municipality.

(1) A municipality shall comply with the notice requirements of 2-3-103, including publication of an agenda prior to a meeting. (2) When a municipality is required to publish notice, publication must be in a newspaper, except that in a municipality with a population of 500 or les…

(1) Unless otherwise specifically provided, when a municipality is required to give notice of a hearing or other official act by mail, the requirement may be met by: (a) deposit of the notice properly addressed in the United States mail with postage paid at the first-class rate; …

Whenever a petition is authorized, unless the section authorizing the petition establishes different criteria, the petition is subject to 7-5-137 and Title 13, chapter 28.