Montana § 76-1-605 Use Of Adopted Growth Policy

Montana Statutes

§ 76-1-605 — Use Of Adopted Growth Policy

Montana·Title 76 LAND RESOURCES AND USE·Ch. 1 PLANNING BOARDS·Part 6 Growth Policy

76-1-605 . Use of adopted growth policy.

(1)Subject to subsection (2), after adoption of a growth policy, the governing body within the area covered by the growth policy pursuant to 76-1-601 must be guided by and give consideration to the general policy and pattern of development set out in the growth policy in the:

(a)authorization, construction, alteration, or abandonment of public ways, public places, public structures, or public utilities;

(b)authorization, acceptance, or construction of water mains, sewers, connections, facilities, or utilities; and

(c)adoption of zoning ordinances or resolutions.

(2)(a) A growth policy is not a regulatory document and does not confer any authority to regulate that is not otherwise specifically authorized by law or regulations adopted pursuant to

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76-1-605 . Use of adopted growth policy. (1) Subject to subsection (2), after adoption of a growth policy, the governing body within the area covered by the growth policy pursuant to 76-1-601 must be guided by and give consideration to the general policy and pattern of development set out in the growth policy in the:
(a) authorization, construction, alteration, or abandonment of public ways, public places, public structures, or public utilities;
(b) authorization, acceptance, or construction of water mains, sewers, connections, facilities, or utilities; and
(c) adoption of zoning ordinances or resolutions.
(2) (a) A growth policy is not a regulatory document and does not confer any authority to regulate that is not otherwise specifically authorized by law or regulations adopted pursuant to the law.
(b) A governing body may not withhold, deny, or impose conditions on any land use approval or other authority to act based solely on compliance with a growth policy adopted pursuant to this chapter.

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Legislative History

En. Sec. 40, Ch. 246, L. 1957; amd. Sec. 15, Ch. 247, L. 1963; R.C.M. 1947, 11-3840(part); amd. Sec. 12, Ch. 582, L. 1999; amd. Sec. 1, Ch. 527, L. 2001; amd. Sec. 7, Ch. 599, L. 2003.