76-2-109. Effect on natural resources. (1) Regulations adopted under this part may not regulate lands used for grazing, horticulture, agriculture, the growing of timber, or the complete use, development, or recovery of any mineral.
(2) (a) A provision of this part may not be construed to alter Montana law regarding the primacy of the mineral estate, to limit access to the mineral estate, or to limit development of the mineral estate.
(b) A regulation, resolution, or rule adopted pursuant to the provisions of this part may not prevent the complete use, development, or recovery of any mineral that is under the jurisdiction of the board of oil and gas conservation pursuant to Title 82, chapter 11, part 1.
History: En. Sec. 2, Ch. 154, L. 1953; R.C.M. 1947, 16-4102(part); amd. Sec. 1, Ch. 526, L. 2021; amd. Sec. 2, Ch. 533, L. 2021.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 2. Planning and Zoning
Part 1. County Planning and Zoning Commission
76-2-101. Planning and zoning commission and district
76-2-102. Organization and operation of commission
76-2-103. Powers of commission and employees
76-2-105. Continuation of prior nonconforming uses
76-2-106. Adoption of development district
76-2-107. Preparation of resolutions and other materials
76-2-109. Effect on natural resources
76-2-111. Cooperation by public agencies with commission
76-2-112. Effect on powers of incorporated communities to plan adjacent areas
76-2-113. Enforcement of zoning provisions
76-2-114. Housing fees and dedication of real property prohibited
76-2-115. and 76-2-116 reserved
76-2-117. Addition of territory adjacent to existing planning and zoning district