What is the Law of Local Government?

Much, but by no means all, of the statutory law that prescribes the forms, powers, duties and limitations of local government in Montana is set forth in Title 7 of the Montana Code Annotated. However, a substantial amount of statutory law impacting local government operations is to be found in other Titles of the Montana Code. For example, Title 76 contains most of statutes dealing with the land use decisions that must be made by municipal governments including growth policy requirements, subdivision review and zoning requirements and limitations. Title 39 encompasses  labor law including the obligations of local government in dealing with collectively bargained employees (unions) and Title 2 includes both the “Standards of Conduct” required of local officials and the constitutionally required procedures to protect the rights of Montana citizens in dealing with their local government.

In short, a great deal of statutory law related to local government is scattered throughout the ten volumes encompassing all 99 titles of the Montana State Code. Moreover, it is important to remember that the law enabling and limiting local officials in the performance of their 
governing duties includes much more than statutory law. The interpretation of the statutes rendered by the state’s Attorney General and reported as AG Opinions along with the decisions of Montana’s district courts and State Supreme Court are also part of the fabric of local government law that is binding on all local officials. A municipal official seeking a particular section of law needs to understand that the Montana Code Annotated is topically arranged (e.g. Title 7 is Local Government) and is further organized in a title-chapter‐part‐section format. For example:
Title 7 Local Government
Chapter 1 General Provisions
Part 41 Municipal Governments Section 4121
General definitions
Section 7‐1-4121, MCA provides a useful set of definitions of terms commonly found in Title 7