§ 76-25-202 — Update Of Land Use Plan Or Future Land Use Map

Montana § 76-25-202

• Jurisdiction: Montana
• Title 76: LAND RESOURCES AND USE
• Ch. 25: MONTANA LAND USE PLANNING ACT
• Part 2: Land Use Plan

Text

76-25-202 . Update of land use plan or future land use map. (1) After a local government adopts a land use plan and future land use map in accordance with 76-25-201 , the land use plan and future land use map must be reviewed by the planning commission every fifth year after adoption to determine whether an update to the land use plan and future land use map must be performed. The planning commission shall:
(a) make a preliminary determination regarding the existence of new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed when the land use plan and future land use map were previously adopted;
(b) provide public notice and participation in accordance with 76-25-106 ; and
(c) accept, consider, and respond to public comment on the review of the land use plan and future land use map. All public comment must be part of the administrative record transmitted to the governing body.
(2) (a) If the planning commission finds new or increased impacts under subsection (1), the planning commission shall recommend an update to the land use plan, future land use map, or both.
(b) If the planning commission finds no new or increased impacts under subsection (1), the planning commission shall make a recommendation to the governing body that no update to the land use plan or future land use map is necessary.
(3) After receiving the recommendation of the planning commission, the governing body may direct that an update of the land use plan, future land use map, or both be completed or may readopt the current land use plan, future land use map, or both.
(4) (a) In developing, drafting, and considering an update to the land use plan or future land use map, the planning commission shall follow the process set forth in 76-25-201 with respect to the changes proposed to the land use plan or future land use map.
(b) If the planning commission finds new or increased impacts resulting from the land use plan or future land use map, the local government shall collect additional data and conduct additional analysis necessary to provide the governing body and the public with the opportunity to comment on and consider all potential impacts resulting from an update to the land use plan or future land use map.
(5) At any time before an update is required after a review under subsection (1), the local governing body may direct that an update to the land use plan or future land use map be prepared for consideration by the planning commission and for recommendation to the governing body.
(6) Once an update to the land use plan or future land use map is adopted or the land use plan or future land use map is readopted, the information and analysis contained within the land use plan and future land use map must be considered accurate for the purposes of making site-specific development decisions in substantial compliance with the land use plan and future land use map.

Legislative History

En. Sec. 8, Ch. 500, L. 2023.