Table of Contents

Accessory Dwelling Units

Montana Senate Bill 528 (2023) requires all local jurisdictions to permit one accessory dwelling unit per lot in association with any detached residence, without requiring owner occupancy, additional off-street parking, matching design, impact fees, or street improvements. If local jurisdictions don't adopt regulations that conform with state statutes, the maximally restrictive standards of the state statutes govern.

Environmentally Sensitive Areas

Montana’s planning enabling statute specifies local growth policy requirements, including an optional infrastructure plan that addresses natural resources (§76-1-601). The plan should describe how projected development would impact wildlife, available water, and natural resources, including forest lands, mineral resources, sand and gravel resources, streams, rivers, lakes wetlands, and ground water (§76-1-601(4)). Additionally, the plan should include measures like land management techniques and incentives to reduce adverse impacts on natural resources from development.

Planning and Zoning Enabling Laws

Montana requires some counties, cities, and towns to prepare comprehensive plans. And it authorizes counties, cities, and towns to adopt zoning regulations.