This text of Montana § 76-25-201 (Adoption Or Amendment Of Land Use Plan And Future Land Use Map) 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.
76-25-201 . Adoption or amendment of land use plan and future land use map.
(1)The local governing body shall adopt or amend by resolution a land use plan and future land use map in accordance with this part only after consideration by and on the recommendation of the planning commission.
(2)Prior to making a recommendation to the governing body to adopt or amend a land use plan and future land use map, the planning commission shall:
(a)provide public notice and participation in accordance with 76-25-106 ; and
(b)accept, consider, and respond to public comment on the proposed land use plan and future land use map. All public comment must be part of the administrative record transmitted to the governing body.
(3)After meeting the requirements of subsection (2), the planning commission
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76-25-201 . Adoption or amendment of land use plan and future land use map. (1) The local governing body shall adopt or amend by resolution a land use plan and future land use map in accordance with this part only after consideration by and on the recommendation of the planning commission.
(2) Prior to making a recommendation to the governing body to adopt or amend a land use plan and future land use map, the planning commission shall:
(a) provide public notice and participation in accordance with 76-25-106 ; and
(b) accept, consider, and respond to public comment on the proposed land use plan and future land use map. All public comment must be part of the administrative record transmitted to the governing body.
(3) After meeting the requirements of subsection (2), the planning commission shall make a final recommendation to the governing body to adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the proposed land use plan and future land use map.
(4) The governing body shall incorporate any existing neighborhood, area, or plans adopted pursuant to Title 76, chapter 1, that meet the requirements of this chapter into the land use plan and future land use map.
(5) (a) The governing body shall consider the recommendation of the planning commission to adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the proposed land use plan and future land use map.
(b) After providing public notice and participation in accordance with 76-25-106 , the governing body may adopt, with any revisions the local governing body considers appropriate, or reject the land use plan and future land use map or any amendment to the proposed land use plan and future land use map proposed by the planning commission.
(6) An amendment to a land use plan or future land use map may be initiated:
(a) by majority vote of the governing body;
(b) on petition of at least 15% of the electors of the local government jurisdiction to which the plan applies, as registered at the last general election; or
(c) by a property owner applying for a zoning, subdivision, or other land use permit.
(7) (a) After the initiation of an amendment to a land use plan or future land use map allowed in subsection (6), the planning commission shall make a preliminary determination of whether the proposed land use plan or future land use map amendment results in new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessment conducted in the development of the land use plan.
(b) If the planning commission finds new or increased impacts from the proposed land use plan or future land use map amendment, the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission with the opportunity to consider all potential impacts resulting from the amendment before proceeding under subsection (2).
(8) The governing body may not amend the land use plan or future land use map unless:
(a) the amendment is found in substantial compliance with the land use plan; and
(b) the potential impacts resulting from development in substantial compliance with the proposed amendment have been made available for public review and comment and have been fully considered by the governing body.