Who are the Decision Makers in Local Land Policy?

Zoning Commission – Each municipality is required to appoint a Zoning Commission which is responsible for making recommendations to the governing body regarding zoning regulations and zoning maps, 76‐2-307, MCA. Municipalities may authorize a city-county planning board to function as the zoning commission, 76-1-108, MCA. 8. Land Use and Planning Law in Montana
182 Planning Board – State law also authorizes municipalities to create a Planning Board, an appointed advisory body created by the municipality to serve in an advisory capacity on land use and planning issues to the local decisionmakers 76‐1-102, MCA. The statute requires the municipality’s governing body to notify the county of their intent to create a planning board, which gives the county the opportunity to elector forma city-county planning board, 76-1-
105, MCA. A city-county planning board can also be asked to function as the municipality’s zoning commission, 76‐1-108, MCA. Whichever type of board is formed, the planning board is required to prepare a growth policy upon request by the municipality’s governing body and may propose policies for subdivisions and subdivision standards. While planning boards are not required, if a city council has created a planning board, it must seek the advice of the planning board in the review of all subdivision applications (although it may delegate that responsibility to staff in the case of minor subdivisions, 76‐1-107, MCA). Some municipalities have elected to consolidate existing city, county, or city-county planning boards in order to function as a combined board, 76‐1-112, MCA. In some municipalities, planning boards are also expected to review amendments to subdivision regulations, transportation plans, other community plans and provide recommendations to the governing body. Board of Adjustments – Finally, municipalities may appoint a Board of Adjustment to take action on variances and
other special exceptions to the terms of the local zoning ordinance (76-2-321, MCA), hear appeals from administrative decisions (76-2-323, MCA), and provide a forum for public comment on a governmental agency’s proposal to use land contrary to local zoning regulations (76-2-402, MCA). The Board of Adjustment must consist of at least five and not more than seven members, 76-2-322, MCA. As opposed to a planning board, a Board of Adjustment has decision-making authority delegated to it by the governing body. The municipality may delegate all, some, or no authority to the Board of Adjustment in this regard, 76-2-321(2), MCA. Final decisions made by the Board of Adjustments are directly appealable to the district court, 76-2-327, MCA. The state statutes set forth the requirements for the memberships, terms, duties, and procedures of each of these bodies, and their roles are explained in more detail under each of the specific land use regulations discussed in this chapter. In all cases, a municipality’s planning staff, attorney, public works staff, and other staff members handle ministerial or administrative land use decisions, ensure application review and decision
timelines and procedures are met, and provide the evidentiary support for a local governing body’s decision on land use matters.