Montana Code 76-25-102. Legislative purpose, findings, and intent
76-25-102. Legislative purpose, findings, and intent. (1) It is the purpose of this chapter to promote the health, safety, and welfare of the people of Montana through a system of comprehensive planning that balances private property rights and values, public services and infrastructure, the human environment, natural resources, and recreation, and a diversified and sustainable economy.
Terms Used In Montana Code 76-25-102
- Land use plan: means the land use plan and future land use map adopted in accordance with this chapter. See Montana Code 76-25-103
- Land use regulations: means zoning, zoning map, subdivision, or other land use regulations authorized by state law. See Montana Code 76-25-103
- Local government: means a county, consolidated city-county, or an incorporated municipality to which the provisions of this chapter apply as provided in 76-25-105. See Montana Code 76-25-103
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The legislature finds that coordinated and planned growth will encourage and support:
(a)sufficient housing units for the state‘s growing population that are attainable for citizens of all income levels;
(b)the provision of adequate public services and infrastructure in the most cost-effective manner possible, shared equitably among all residents, businesses, and industries;
(c)the natural environment, including wildlife and wildlife habitat, sufficient and clean water, and healthy air quality;
(d)agricultural, forestry, and mining lands for the production of food, fiber, and minerals and their economic benefits;
(e)the state’s economy and tax base through job creation, business development, and the revitalization of established communities;
(f)persons, property, infrastructure, and the economy against natural hazards, such as flooding, earthquake, wildfire, and drought; and
(g)local consideration, participation, and review of plans for projected population changes and impacts resulting from those plans.
(3)It is the legislature’s intent that the comprehensive planning authorized in this chapter:
(a)provides the broadest and most comprehensive level of collecting data, identifying and analyzing existing conditions and future opportunities and constraints, acknowledging and addressing the impacts of development on each jurisdiction, and providing for broad public participation;
(b)serves as the basis for implementing specific land use regulations that are in substantial compliance with the local land use plan;
(c)provides for local government approval of development proposals in substantial compliance with the land use plan, based on information, analysis, and public participation provided during the development and adoption of the land use plan and implementing regulations; and
(d)allows for streamlined administrative review decisionmaking for site-specific development applications.