Montana § 76-2-412 Relationship Of Foster Homes, Kinship Foster Homes, Youth Shelter Care Facilities, Youth Group Homes, Community Residential Facilities, And Day-Care Homes To Zoning

Montana Statutes

§ 76-2-412 — Relationship Of Foster Homes, Kinship Foster Homes, Youth Shelter Care Facilities, Youth Group Homes, Community Residential Facilities, And Day-Care Homes To Zoning

Montana § 76-2-412

Title 76LAND RESOURCES AND USE

Ch. 2PLANNING AND ZONING

Part 4Application to Governmental Agencies Group and Foster Homes

This text of Montana § 76-2-412 (Relationship Of Foster Homes, Kinship Foster Homes, Youth Shelter Care Facilities, Youth Group Homes, Community Residential Facilities, And Day-Care Homes To Zoning) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 76-2-412 (2026).

Text

76-2-412 . Relationship of foster homes, kinship foster homes, youth shelter care facilities, youth group homes, community residential facilities, and day-care homes to zoning.

(1)A foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621 through 52-2-623 or a community residential facility serving eight or fewer persons is considered a residential use of property for purposes of zoning if the home provides care on a 24-hour-a-day basis.

(2)A family day-care home or a group day-care home, as defined in 52-2-703 , is considered a residential use of property for purposes of zoning.

(3)The facilities listed in subsections (1) and (2) are a permitted use in all residential zones, including but not limited to residential zon

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76-2-412 . Relationship of foster homes, kinship foster homes, youth shelter care facilities, youth group homes, community residential facilities, and day-care homes to zoning. (1) A foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621 through 52-2-623 or a community residential facility serving eight or fewer persons is considered a residential use of property for purposes of zoning if the home provides care on a 24-hour-a-day basis.
(2) A family day-care home or a group day-care home, as defined in 52-2-703 , is considered a residential use of property for purposes of zoning.
(3) The facilities listed in subsections (1) and (2) are a permitted use in all residential zones, including but not limited to residential zones for single-family dwellings. Any safety or sanitary regulation of the department of public health and human services or any other agency of the state or a political subdivision of the state that is not applicable to residential occupancies in general may not be applied to a community residential facility serving 8 or fewer persons or to a day-care home serving 15 or fewer children.
(4) This section may not be construed to prohibit a city or county from requiring a conditional use permit in order to maintain a home pursuant to the provisions of subsection (1) if the home is licensed by the department of public health and human services. A city or county may not require a conditional use permit in order to maintain a day-care home.

Legislative History

En. Sec. 2, Ch. 350, L. 1973; amd. Sec. 2, Ch. 129, L. 1974; R.C.M. 1947, 11-2702.2; MCA 1981, 76-2-314; redes. 76-2-412 by Code Commissioner, 1983; amd. Sec. 29, Ch. 465, L. 1983; amd. Sec. 1, Ch. 181, L. 1987; amd. Sec. 237, Ch. 418, L. 1995; amd. Sec. 546, Ch. 546, L. 1995; amd. Sec. 32, Ch. 504, L. 2003; amd. Sec. 1, Ch. 553, L. 2023.