What is the Procedure for Adoption and Amendment?
Zoning Adoption and Amendment Procedures: Public Participation and Legal Standards in Montana
The statute also sets forth the procedure for adopting and amending zoning ordinances and regulations. The zoning
commission must recommend the district boundaries and regulations to the governing body, 76-2-307, MCA. The
zoning commission must prepare a preliminary report and “hold public hearings thereon” before submitting the
report to the governing body. After receiving the report of the zoning commission, the governing body must hold
a public hearing on the proposed regulations, with at least 15 days prior notice in a paper of general circulation, 76-2-
303(2), MCA.
Amendments or changes to the zoning ordinance must follow the same public notice and hearing requirements for
adoption, and the statute provides for a protest provision to any such changes, 76‐2‐305, MCA. The governing body
may override such a protest by a two-thirds vote of the present and voting members. As set forth above, the
governing body must again consider substantial compliance with the growth policy and each of the eleven
Lowe criteria in any zoning amendments or rezoning decisions.
commission must recommend the district boundaries and regulations to the governing body, 76-2-307, MCA. The
zoning commission must prepare a preliminary report and “hold public hearings thereon” before submitting the
report to the governing body. After receiving the report of the zoning commission, the governing body must hold
a public hearing on the proposed regulations, with at least 15 days prior notice in a paper of general circulation, 76-2-
303(2), MCA.
Amendments or changes to the zoning ordinance must follow the same public notice and hearing requirements for
adoption, and the statute provides for a protest provision to any such changes, 76‐2‐305, MCA. The governing body
may override such a protest by a two-thirds vote of the present and voting members. As set forth above, the
governing body must again consider substantial compliance with the growth policy and each of the eleven
Lowe criteria in any zoning amendments or rezoning decisions.