Montana Code 76-25-213. Land use and future land use map
76-25-213. Land use and future land use map. (1) A land use plan must include a future land use map and a written description of the proposed general distribution, location, and extent of residential, commercial, mixed, industrial, agricultural, recreational, and conservation uses of land and other categories of public and private uses, as determined by the local government.
Terms Used In Montana Code 76-25-213
- Built environment: means man-made or modified structures that provide people with living, working, and recreational spaces. See Montana Code 76-25-103
- 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
- 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
- Subdivision: means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. See Montana Code 76-25-103
(2)The future land use map must reflect the anticipated and preferred pattern and intensities of development for the jurisdiction over the next 20 years, based on the information, analysis, and public input collected, considered, and relevant to the population projections for and economic development of the jurisdiction and the housing and local services needed to accommodate those projections, while acknowledging and addressing the natural resource, environment, and natural hazards of the jurisdiction.
(3)The future land use map may not confer any authority to regulate what is not otherwise specifically authorized in this chapter.
(4)The future land use map and the written description must include:
(a)a statement of intent describing the jurisdiction’s applicable zoning, subdivision, and other land use regulations;
(b)descriptions of existing and future land uses, including:
(i)categories of public and private use;
(ii)general descriptions of use types and densities of those uses;
(iii)general descriptions of population; and
(iv)other aspects of the built environment;
(c)geographic distribution of future land uses in the jurisdiction, anticipated over a 20-year planning period that specifically demonstrate:
(i)adequate land to support the projected population in all land use types in areas where local services can be adequately and cost-effectively provided for that population;
(ii)adequate sites to accommodate the type and supply of housing needed for the projected population; and
(iii)areas of the jurisdiction that are not generally suitable for development and the reason, based on the constraints identified through the land use plan analysis;
(d)a statement acknowledging areas within the jurisdiction known to be subject to covenants, codes, and restrictions that may limit the type, density, or intensity of housing development projected in the future land use map; and
(e)areas of or adjacent to the jurisdiction subject to increased growth pressures, higher development densities, or other urban development influences.
(5)To the greatest extent possible, local governments shall create compatibility in the land use plans and future land use map in those areas identified in subsection (4)(e).
(6)The land use plan may:
(a)provide information required by a federal land management agency for the local governing body to establish or maintain coordination or cooperating agency status; and
(b)incorporate by reference any information or policies identified in other relevant assessments adopted by the local governing body, such as a pre-disaster mitigation plan or wildfire protection plan.
(7)The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body.