Montana Code 76-25-216. Implementation
76-25-216. Implementation. (1) The land use plan and future land use map is not a regulatory document and must include an implementation section that:
Terms Used In Montana Code 76-25-216
- 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
(a)establishes meaningful and predictable implementation measures for the use and development of land within the jurisdiction based on the contents of the land use plan and future land use map;
(b)provides meaningful direction for the content of more detailed land use regulations and future land use maps; and
(c)requires identification of those programs, activities, actions, or land use regulations that may be part of the overall strategy of the jurisdiction for implementing the land use plan.
(2)The implementation section of the land use plan must include:
(a)if the local jurisdiction does not have current zoning regulations, a schedule by which zoning regulations and a zoning map will be adopted in accordance with the deadlines set forth in 76-25-105;
(b)if the local jurisdiction has current zoning regulations, an analysis of whether any inconsistencies exist between current zoning regulations and the land use plan and future land use map, including a map of the inconsistencies. If inconsistencies exist, the local government shall identify:
(i)specific implementation actions necessary to amend the zoning regulations and the zoning map to bring the zoning regulations and zoning map into substantial compliance with the land use plan and future land use map;
(ii)a schedule for amending the zoning regulations and zoning map to be in substantial compliance with the land use plan and future land use map, in accordance with the deadlines set forth in 76-25-105;
(iii)a schedule for adopting a capital improvements program or for amending an existing capital improvements program to be in substantial compliance with the land use plan and future land use map;
(iv)a schedule for expanding or replacing public facilities and the anticipated costs and revenue sources proposed to meet those costs, which must be reflected in a jurisdiction’s capital improvement program;
(v)if applicable, a schedule for updating the plan for extension of services required in 7-2-4732 to be in substantial compliance with the land use plan; and
(vi)a schedule for implementing any other specific actions necessary to achieve the components of the land use plan, including a timeframe or prioritization of each specific public action; and
(c)procedures for monitoring and evaluating the local government’s progress toward meeting the implementation schedule.