Bill to tilt ambiguous zoning decisions "in favor of use" wins support, draws preservation concerns

Sen. Greg Hertz, sponsor of Senate Bill 214, told the House Local Government Committee the bill would require that ambiguity in zoning regulations over whether a nonconforming use is allowed be interpreted "in favor of the nonconforming use." He said the measure is intended to protect property owners who relied on long-standing uses when local rules were amended.

"An ambiguity or an uncertainty in the zoning regulations as to whether a nonconforming use is allowed or whether the use was allowed when it was commenced must be interpreted in favor of the nonconforming use," Sen. Hertz said.

Proponents ranged from policy groups to individual property owners who testified they had relied on long-standing uses to afford or maintain property. Tanner Avery of the Frontier Institute said the bill "creates a presumption of freedom in the interpretation enforcement of zoning" and would prevent local officials from relying on ambiguity to prohibit uses. Wendy Dixon, a homeowner from Bridger Canyon, described getting assurances from county officials that renting a single-family dwelling was a permitted use and said later reinterpretation threatened her ability to keep her property.

Supporters including attorney Stephanie Baucus said the bill largely codifies Montana Supreme Court precedent and could reduce litigation over ambiguous zoning enforcement. Several witnesses, including homeowners and short-term rental operators, said inconsistent local interpretations had forced them into costly legal fights or the risk of losing property use they had relied on for years.

Preserve Montana and other preservation advocates entered formal opposition, focusing on a provision in section 5 that removes or restricts authority of local historic preservation boards to review zoning permits or variances that affect historic properties. Jenny Budenborg of Preserve Montana said the change "impacts this important preservation network and the historic integrity, character, and viability of hundreds of historic buildings and districts in Montana." She urged the committee to oppose SB 214 or to consider an amendment.

Sen. Hertz said he removed the stronger authority for preservation boards because he believed it gave "too much authority" to an unelected board and that elected local governing bodies should retain the final decision.

The committee also heard informational testimony from Kate Hampton of the State Historic Preservation Office, who described the certified local government program and the connection between local boards and federal preservation funding and oversight.

No final committee action on SB 214 is recorded in the provided transcript segment.