What is the Purpose of Growth Policies?

In land use planning, the long-range comprehensive plan for a community serves as the “blueprint” for how its residents would like to see development occur over a future time period. The comprehensive planning document sets forth the goals, objectives, policies, and implementation strategy for all aspects of development in the community, including land use, population, housing, transportation, economic conditions, natural resources, public services and facilities, public safety, parks and recreation, or community character. In Montana, this comprehensive planning document is called the growth policy. (Citizen Advocates for a Livable
Missoula, Inc. v. City Council, 2006 MT 47, P20 (2006)). In 2003, the state statute was modified to make the growth policy an optional, non-regulatory document, 76-1-605(2), MCA; Chapter 599, Laws 2003. Under this language, local jurisdictions are not required to have a growth
policy. If a jurisdiction does adopt a growth policy, that document does not confer any authority on a local jurisdiction to regulate “that is not otherwise specifically authorized by law or regulations adopted pursuant to the law.” In particular, the statute prohibits a governing body from denying or imposing conditions on a land use approval based solely on the fact that the development proposal does not comply with the growth policy. That Montana Municipal Officials Handbook 183 does not mean that a municipality may disregard its growth policy (Heffernan v. Missoula City Council, 2011 MT 91, P77 (2011)). The governing body must substantially comply with the growth policy in adopting and implementing regulations like zoning and considering proposed land uses (Heffernan v. Missoula City Council, 2011 MT 91, P78 (2011)). A growth policy itself may acquire legal force if a municipality adopts a law or
regulation implementing the goals and objectives therein. (Flathead Citizens for Quality Growth, Inc. v. Flathead County Board. of Adjustment, 2008 MT 1, P49 (Mont. 2008).