Montana § 76-6-104 Definitions

Montana Statutes

§ 76-6-104 — Definitions

Montana § 76-6-104

Title 76LAND RESOURCES AND USE

Ch. 6OPEN SPACES

Part 1General Provisions

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Bluebook

Mont. Code Ann. § 76-6-104 (2026).

Text

76-6-104 . Definitions. The following terms whenever used or referred to in this chapter shall have the following meanings unless a different meaning is clearly indicated by the context:

(1)"Comprehensive planning" means planning for development and shall include:

(a)preparation of general physical plans with respect to the pattern and intensity of land use and the provision of public facilities, including transportation facilities, together with long-range fiscal plans for such development as a guide for long-range development;

(b)programming and financing plans for capital improvements;

(c)coordination of all related plans and planned activities at both the intragovernmental and intergovernmental levels; and

(d)preparation of regulatory and administrative measures in support of the

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76-6-104 . Definitions. The following terms whenever used or referred to in this chapter shall have the following meanings unless a different meaning is clearly indicated by the context:
(1) "Comprehensive planning" means planning for development and shall include:
(a) preparation of general physical plans with respect to the pattern and intensity of land use and the provision of public facilities, including transportation facilities, together with long-range fiscal plans for such development as a guide for long-range development;
(b) programming and financing plans for capital improvements;
(c) coordination of all related plans and planned activities at both the intragovernmental and intergovernmental levels; and
(d) preparation of regulatory and administrative measures in support of the foregoing.
(2) "Conservation easement" means an easement or restriction, running with the land and assignable, whereby an owner of land voluntarily relinquishes to the holder of such easement or restriction any or all rights to construct improvements upon the land or to substantially alter the natural character of the land or to permit the construction of improvements upon the land or the substantial alteration of the natural character of the land, except as this right is expressly reserved in the instruments evidencing the easement or restriction.
(3) "Open-space land" means any land which is provided or preserved for:
(a) park or recreational purposes;
(b) conservation of land or other natural resources;
(c) historic or scenic purposes; or
(d) assisting in the shaping of the character, direction, and timing of community development.
(4) "Public body" means the state, counties, cities, towns, and other municipalities.
(5) "Qualified private organization" means a private organization:
(a) competent to own interests in real property;
(b) which qualifies and holds a general tax exemption under the federal Internal Revenue Code, section 501(c); and
(c) whose organizational purposes are designed to further the purposes of this chapter.
(6) "Urban area" means any area which is urban in character, including surrounding areas which form an economic and socially related region, taking into consideration such factors as present and future population trends and patterns of urban growth, location of transportation facilities and systems, and distribution of industrial, commercial, residential, governmental, institutional, and other activities.