Montana § 76-25-302 Encouragement Of Development Of Housing

Montana Statutes

§ 76-25-302 — Encouragement Of Development Of Housing

Montana § 76-25-302

Title 76LAND RESOURCES AND USE

Ch. 25MONTANA LAND USE PLANNING ACT

Part 3Zoning

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Bluebook

Mont. Code Ann. § 76-25-302 (2026).

Text

76-25-302 . Encouragement of development of housing.

(1)The zoning regulations authorized in 76-25-301 must include a minimum of five of the following housing strategies, applicable to the majority of the area, where residential development is permitted in the jurisdictional area:

(a)allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted;

(b)zone for higher density housing near transit stations, places of employment, higher education facilities, and other appropriate population centers, as determined by the local government;

(c)eliminate or reduce off-street parking requirements to require no more than one parking space per dwelling unit;

(d)eliminate impact fees for accessory dwelling units or developments that include multi-unit dwellings or reduc

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76-25-302 . Encouragement of development of housing. (1) The zoning regulations authorized in 76-25-301 must include a minimum of five of the following housing strategies, applicable to the majority of the area, where residential development is permitted in the jurisdictional area:
(a) allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted;
(b) zone for higher density housing near transit stations, places of employment, higher education facilities, and other appropriate population centers, as determined by the local government;
(c) eliminate or reduce off-street parking requirements to require no more than one parking space per dwelling unit;
(d) eliminate impact fees for accessory dwelling units or developments that include multi-unit dwellings or reduce the fees by at least 25%;
(e) allow, as a permitted use, for at least one internal or detached accessory dwelling unit on a lot with a single-unit dwelling occupied as a primary residence;
(f) allow for single-room occupancy developments;
(g) allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted;
(h) eliminate minimum lot sizes or reduce the existing minimum lot size required by at least 25%;
(i) eliminate aesthetic, material, shape, bulk, size, floor area, and other massing requirements for multi-unit dwellings or mixed-use developments or remove at least half of those requirements;
(j) provide for zoning that specifically allows or encourages the development of tiny houses, as defined in Appendix Q of the International Residential Code as it was printed on January 1, 2023;
(k) eliminate setback requirements or reduce existing setback requirements by at least 25%;
(l) increase building height limits for dwelling units by at least 25%;
(m) allow multi-unit dwellings or mixed-use development as a permitted use on all lots where office, retail, or commercial are primary permitted uses; or
(n) allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes are permitted uses.
(2) If a local government's existing zoning ordinance adopted pursuant to Title 76, chapter 2, before May 17, 2023, does not contain a zoning regulation that is listed as a regulation to be eliminated or reduced in subsection (1), that strategy is considered adopted by the local government.
(3) If the adoption of a housing strategy allowed in subsection (1) subsumes another housing strategy allowed in subsection (1), only one strategy may be considered to have been adopted by the local government.