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Senate committee hears bill to move RV and mobile-home-park reviews into 'buildings for lease or rent' process
Summary
Senator Forrest Mandeville introduced Senate Bill 174, which would move review of recreational-vehicle parks and mobile-home parks from subdivision review into the buildings-for-lease-or-rent process, arguing the change would streamline review while remaining subject to local zoning.
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Senator Forrest Mandeville, sponsor of Senate Bill 174, told the Senate Local Government Committee that the bill would move review of recreational-vehicle parks and mobile-home parks out of subdivision review and into the state statute governing buildings for lease or rent (BLR).
Mandeville (Senator Forrest Mandeville) said the current practice treats RV and mobile-home parks as subdivisions even though ‘‘you're not dividing land. You're creating spaces,’’ and that BLR ‘‘fits better’’ because it covers leasing or renting buildings or portions thereof and is subject to local zoning.
Housing and real-estate groups testified in favor. Daniel Cox, with the Montana Association of Realtors, said the association is supportive. Jake Brown of Shelter Whitefish said the measure ‘‘aims to ensure a more consistent regulatory treatment of these sort of RV parks, mobile home developments’’ and called mobile homes ‘‘one of the most affordable types of housing’’ for Montanans on the verge of homelessness. John Sinrud, a proponent online, said removing subdivision review ‘‘will also help ... encourage more mobile home parks to be built, thus bringing down lot rents and creating more competitive markets for the mobile home community.’’
County and planning groups offered what they described as ‘‘soft opposition’’ and requested clarifying amendments. Karen Alley, associate general counsel for the Montana Association of Counties, said she has discussed language changes with the sponsor and proposed an insertion to make clear the statute applies to ‘‘multiple spaces for lease or rent under single ownership on which recreational camping vehicles as defined in 61 1 '1 0 '1 or mobile homes as defined in 15 24 2 0 1 will be placed.’’ Alley said the bill, as drafted, could be read to treat spaces differently than intended and suggested including additional cross-references and a requirement that BLR regulations be consistent with the county growth policy.
Aaron Wilson, president of the Montana Association of Planners, said MAP shares many of Alley’s concerns but supports the bill’s direction if the minor clarifications are adopted. Kelly Lynch, executive director of the Montana League of Cities and Towns, provided historical context for BLR, saying the concept was developed in 2009 as a ‘‘zoning light’’ for jurisdictions that could not adopt full zoning; Lynch said RVs were intentionally left out of the earlier statute during the Bakken boom and that today’s hearing revisits that choice.
Committee members asked clarifying questions about ownership and public process. Senator Mike Fern asked whether buildings could be owned while lots are leased; Alley responded that the statute is intended to cover spaces under single ownership that are leased or rented and that ownership of a manufactured home separate from the lot is consistent with the intended approach. Senator Jason Pope asked whether a park converted into individually owned lots later would trigger subdivision review; Mandeville pointed to changes in the Land Use Planning Act that would make subsequent divisions subject to zoning and a simple compliance review.
No amendments were adopted in the hearing; Mandeville said he was open to clarifying edits and closed by stressing the bill is intended to streamline review without removing public process.
The committee held the hearing but took no formal vote on SB 174 during the session record provided.
