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 said powers that enable the commission to "approve or disprove applications for permits" and to require design-review participation appear to be no longer legally permissible.

Why it matters: the change shifts final, binding decisions about appearance and design in the downtown historic district from the commission to paid city staff; the commissions future role will be advisory unless the city code is amended to use staff as the decision-makers and to incorporate the commissions guidelines.

Discussion highlights

- Advisory vs. mandatory review: Staff said the statute prohibits requiring external-board review but allows staff to request an external boards opinion. Kager: "You can be a resource to applicants to come through, and you can be a resource to the administrative staff." Commissioners debated whether the city could or should request the commissions input in most cases and whether the city should pursue legal clarification before changing code language.

- Drafting guidelines: Several commissioners proposed the commission focus on producing written design-review guidelines and a modest historic-preservation plan the city could adopt or use to guide staff reviews. Kager and staff said drafting such guidelines is a viable option that would provide a foundation for staff decisions and for applicants seeking guidance.

- Outreach, surveys and training: Staff said limited funding is available this fiscal year for commercial surveys and suggested training volunteers or commissioners to perform targeted surveys of unsurveyed blocks. The commission also discussed supporting or facilitating walking tours with the Gateway Museum as a community outreach activity.

- Zoning-code update and legislative context: Staff said the city is beginning a zoning-code update and will present high-level concepts to the city commission; members agreed they want the opportunity to comment. Staff also summarized recent state bills discussed at the meeting (examples cited by staff included a minimum 60-foot allowable building height floor for certain commercial districts and changes to residential parking rules with an implementation date of 10/01/2026) and said a report will be prepared for the city commission.

Votes at a glance

- Motion to approve minutes of March 11, 2025: moved (mover not specified), second not specified; outcome: approved (aye recorded, no oppositions). Attendance at roll call indicated four members present and one absent, and the motion passed by voice vote.

- Motion to approve minutes of April 8, 2025: moved (mover not specified), second not specified; outcome: approved unanimously by voice vote.

Other business

- Commissioner resignation: A commission member announced an intention to step down and said they would follow up by email. No formal resignation acceptance vote was recorded.

Context and next steps

Staff said it will draft code amendments to bring chapter 31 into compliance with state law and will present revised language to the city commission; staff also offered to bring proposed changes back to the HPC for comment before they go to the city commission. Commissioners generally favored remaining in an advisory capacity, creating written guidelines the city can use, assisting with targeted surveys if training and funding are available, and meeting quarterly with special meetings as needed. Staff indicated they will circulate materials and may ask commissioners to keep the second Tuesday of July (and subsequent meeting dates) available to review draft amendments.

Direct quotes in this article come from meeting remarks by Grant Kager and recorded comments by commission members during the public meeting. The article does not infer outcomes that were not explicitly stated by meeting participants.