Montana Code Annotated
Part 21. Rural Fire Districts
7-33-2142. Division of district -- petition -- plan for division

7-33-2142. Division of district -- petition -- plan for division. (1) (a) A fire district's board of trustees may vote to divide the district upon an affirmative vote of the board and upon receipt of a petition signed by the owners of 40% or more of the real property within the area proposed to be detracted from the original district and owners of property representing 40% or more of the taxable value of property in the area proposed to be detracted from the original district.
(b) The petition must describe the boundaries of the proposed detracted area and the boundaries of the remaining area.
(2) At the time it votes to divide, the board shall adopt a division plan that contains:
(a) a timetable for division, including the effective date, that must be after the time allowed for protests to the division;
(b) the names of the new rural fire districts;
(c) the boundary maps of the new districts;
(d) the estimated financial impact of the division on an owner of a home valued at $100,000; and
(e) a method for the fair and equitable division of the assets and liabilities of the original district among the new districts.
(3) The board of trustees shall forward the plan to the board of county commissioners in the county where the districts are located.
(4) Within 21 days of receipt of the plan, the board of county commissioners shall set a date for a public hearing on the division and shall give notice of the hearing as provided in 7-1-2121 or as provided in 7-1-4127 if any part of the proposed detracted area is within the limits of an incorporated city or town.
History: En. Sec. 11, Ch. 499, L. 2007.

Structure Montana Code Annotated

Montana Code Annotated

Title 7. Local Government

Chapter 33. Fire Protection

Part 21. Rural Fire Districts

7-33-2101. Rural fire districts authorized -- petition

7-33-2102. Notice of hearing

7-33-2103. Hearing on petition -- decision

7-33-2104. Operation of fire districts

7-33-2105. Powers and duties of trustees

7-33-2106. Details relating to board of trustees of fire district -- election -- qualified electors

7-33-2107. Contracts for fire protection services

7-33-2108. Mutual aid agreements -- request if no agreement exists -- definitions

7-33-2109. Tax levy, debt incurrence, and bonds authorized -- voted levy for volunteer firefighters' disability income or workers' compensation coverage

7-33-2110. Volunteer fire districts or companies -- fire departments -- not affected by city-county consolidation

7-33-2111. Fire district capital improvement fund authorized

7-33-2112. Minutes

7-33-2113. through 7-33-2115 reserved

7-33-2116. Payment of partial salary to rural firefighter injured in performance of duty

7-33-2117. through 7-33-2119 reserved

7-33-2120. Consolidation of fire districts and fire service areas -- mill levy limitations

7-33-2121. Renumbered 7-33-2141

7-33-2122. Repealed

7-33-2123. Renumbered 7-33-2143

7-33-2124. Renumbered 7-33-2144

7-33-2125. Annexation of adjacent territory not contained in a fire district

7-33-2126. Annexation of adjacent territory contained in a fire district

7-33-2127. Withdrawal by owner of individual tract adjacent to municipality

7-33-2128. Dissolution of fire district

7-33-2129. Annexation of rural fire district property by municipality -- responsibility for debt

7-33-2130. through 7-33-2140 reserved

7-33-2141. Division of fire district authorized

7-33-2142. Division of district -- petition -- plan for division

7-33-2143. Decision on petition for division -- protest

7-33-2144. Distribution of assets and liabilities following division