76-2-310. Extension of municipal zoning and subdivision regulations beyond municipal boundaries. (1) Except as provided in 76-2-312 and except in locations where a county has adopted zoning or subdivision regulations, a city or town council or other legislative body that has adopted a growth policy pursuant to chapter 1 for the area to be affected by the regulations may extend the application of its zoning or subdivision regulations beyond its limits in any direction subject to the following limits:
(a) up to 3 miles beyond the limits of a city of the first class as defined in 7-1-4111;
(b) up to 2 miles beyond the limits of a city of the second class; and
(c) up to 1 mile beyond the limits of a city or town of the third class.
(2) When two or more noncontiguous cities have boundaries so near to one another as to create an area of potential conflict in the event that all cities concerned should exercise the full powers conferred by 76-2-302, 76-2-311, and this section, then the extension of zoning or subdivision regulations, or both, by these cities must terminate at a boundary line agreed upon by the cities.
History: En. Sec. 2, Ch. 136, L. 1929; re-en. Sec. 5305.2, R.C.M. 1935; amd. Sec. 1, Ch. 273, L. 1971; amd. Sec. 1, Ch. 354, L. 1973; R.C.M. 1947, 11-2702(part); amd. Sec. 18, Ch. 582, L. 1999; amd. Sec. 9, Ch. 599, L. 2003.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 2. Planning and Zoning
76-2-301. Municipal zoning authorized
76-2-303. Procedure to administer certain annexations and zoning laws -- hearing and notice
76-2-304. Criteria and guidelines for zoning regulations
76-2-305. Alteration of zoning regulations -- protest
76-2-306. Interim zoning ordinances
76-2-308. Enforcement of zoning regulations and ordinances
76-2-309. Conflict with other laws
76-2-310. Extension of municipal zoning and subdivision regulations beyond municipal boundaries
76-2-311. Administration of regulations in extended area
76-2-312. Exclusion for commission-manager plan municipalities
76-2-315. Violations and penalties
76-2-316. through 76-2-320 reserved
76-2-322. Membership and term of board members -- vacancies
76-2-323. Powers of board of adjustment
76-2-324. Vote needed for board action
76-2-325. Public access to board activities
76-2-326. Appeals to board of adjustment
76-2-327. Appeals from board to court of record
76-2-328. Awarding of costs upon appeal from board decision