---
title: What is Public Participation Law?
description: Montana law (2-3-111, MCA) requires local governments to provide meaningful opportunities for public input before making decisions of significant interest. Learn how councils must notify citizens, publish agendas, and avoid voting on unannounced issues.
---

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January 13, 2026

# What is Public Participation Law?

## Public Participation in Local Government: Montana’s Legal Requirements for Citizen Involvement

State law 2-3‐111, MCA requires that every state agency, including local governments, establish procedures that will afford citizens reasonable opportunity to participate in the agency’s decision-­‐ making process by submitting data, views or arguments in written or oral presentations prior to making a final decision that is of significant interest to the public.  
This requirement is different than and goes beyond the expectations of the open meeting law to require that the city or town council must establish a formal policy and procedure that will ensure that the public will be able to know when and where the governing body is going to decide on a matter of significant public interest. For example, recent opinions of the Attorney General of Montana have held that merely posting the meeting times of a local governing body  
without providing an agenda of specific issues to be decided does not provide adequate notice and is, therefore, not sufficient to comply with requirements of the participation statute. A city or town council that is too eager to approve a solution in response to a citizen’s complaint articulated in the public comment portion of the council meeting, is likely to be in violation of the public participation statute if the action is of significant public interest and is not included on the council’s agenda and posted or published at least 48 hours prior to the council meeting. Even if there may be a few exceptions, a useful rule for a city or town council to remember is, if it isn’t on the agenda, don’t vote!

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Resources prepared by the MSU Extension Local Government Center are intended for educational purposes only and do not constitute legal advice. For interpretation or application of the law, please consult qualified legal counsel. The Montana State University Extension Service is an ADA/EO/AA/Veteran’s Preference Employer and Provider of Educational Outreach.

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