Montana Code 76-25-104. Planning commission
76-25-104. Planning commission. (1) (a) Each local government shall establish, by ordinance or resolution, a planning commission.
Terms Used In Montana Code 76-25-104
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- governing body: means the elected body responsible for the administration of a local government. See Montana Code 76-25-103
- jurisdiction: means the area within the boundaries of the local government. See Montana Code 76-25-103
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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
- Planning administrator: means the person designated by the local governing body to review, analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other development applications as required in this chapter. See Montana Code 76-25-103
- Quorum: The number of legislators that must be present to do business.
(b)Any combination of local governments may create a multi-jurisdiction planning commission or join an existing commission pursuant to an interlocal agreement.
(c)(i) Any combination of legally authorized planning boards, zoning commissions, planning and zoning commissions, or boards of adjustment existing prior to May 17, 2023, may be considered duly constituted under this chapter as a planning commission by agreement of the governing bodies of each jurisdiction represented on the planning commission.
(ii)If more than one legally authorized planning board, zoning commission, or planning and zoning commission exists within a jurisdiction, the governing bodies of each jurisdiction may agree to:
(A)designate, combine, consolidate, or modify one or more of the authorized boards or commissions as the planning commission; or
(B)create a new planning commission pursuant to this section and disband the existing boards and commissions.
(2)(a) (i) Each planning commission must consist of an odd number of no fewer than three voting members who are confirmed by majority vote of each local governing body.
(ii)Each jurisdiction must be equally represented in the membership of a multi-jurisdiction planning commission.
(b)The planning commission shall meet at least once every 6 months.
(c)Minutes must be kept of all meetings of the planning commission and all meetings and records must be open to the public.
(d)A majority of currently appointed voting members of the planning commission constitutes a quorum. A quorum must be present for the planning commission to take official action. A favorable vote of at least a majority of the quorum is required to authorize an action at a regular or properly called special meeting.
(e)The ordinance, resolution, or interlocal agreement creating the planning commission must set forth the requirements for appointments, terms, qualifications, removal, vacancies, meetings, notice of meetings, officers, reimbursement of costs, bylaws, or any other requirement determined necessary by the local governing body.
(3)(a) Except as set forth in subsection (3)(b), the planning commission shall review and make recommendations to the local governing body regarding the development, adoption, amendment, review, and approval or denial of the following documents:
(i)the land use plan and future land use map as provided in 76-25-201;
(ii)zoning regulations and map as provided in Title 76, chapter 25, part 3;
(iii)subdivision regulations as provided in Title 76, chapter 25, part 4; and
(iv)any other legislative land use planning document the local governing body designates.
(b)In accordance with 76-25-503, the planning commission shall hear and decide appeals from any site-specific land use decisions made by the planning administrator pursuant to the adopted regulations described in subsection (3)(a). Decisions of the planning commission may be appealed to the local governing body as provided in 76-25-503.
(4)The planning commission may be funded pursuant to 76-1-403 and 76-1-404.