State law removes commissions permit authority; Livingston HPC discusses advisory role, guidelines and outreach

The Livingston Historic Preservation Commission heard from City Manager Grant Kager on a 2025 state change that removes the commissions authority to approve or disapprove local design-review permit applications, leaving formal design-review determinations to municipal staff.

Kager told the commission the change stems from a recently enacted state statute (referenced in the meeting as SP214 amending MCA 76-2-302) that generally requires determination of compliance with local design-review standards be conducted by municipal employees and disallows requiring review by an external board. "You were the exception to the rule," Kager said, describing the commissions prior power to approve or deny applications under ordinance 1498 (adopted 07/19/1982) and chapter 31 of the municipal code.

Commissioners spent the bulk of the meeting discussing what powers remain and how the commission might operate going forward. Staff and members identified four duties that likely remain permissible under the statute: establishing designation criteria, reviewing and commenting on planning programs, providing information about surveys/ funding/technology, and advising property owners on restoration or maintenance at their request. Kager and planning staff…