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Panel approves bill letting counties set 25 mph speed limits in defined 'urban districts'
Summary
The committee advanced SB428 to allow counties to set 25 mph speed limits on county roads meeting an 'urban district' definition; sponsor said the change would let counties legally match posted limits in unincorporated but densely settled areas.
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The Senate Local Government Committee voted Feb. 28 to report SB428, which would let Montana counties set 25 miles‑per‑hour speed limits on county roads that meet a statutory 'urban district' definition and, in some cases, set 25 mph on paved county roads outside those districts.
Senator Willis Kurdy (introduced as Senator Curti in committee remarks) said the bill addresses communities that are unincorporated but function like urban neighborhoods. He described the statutory test the bill uses: structures (houses or businesses) spaced 100 feet or less for at least a quarter mile. "Some Montana County Commissioners have already set 25 mile an hour speed limits on county roads within the urban district," he told the committee, but he said state law limited legally enforceable county limits to 35 mph.
Shane Stack, chief public works officer for Missoula County, testified in support and gave a practical example: ‘‘If you look at 1 acre, squared up, it's 210 feet by 210 feet…you might be in an urban area, but we don't have water and sewer, for instance, and we need those 1 acre lots for septic systems and wells. But yet they're really…fairly dense neighborhoods, and we have no other option other than to leave it at 35 per statute.’’ Stack said counties want the legal authority to post enforceable 25 mph limits where residents request them.
Gabe Prieb, Montana Department of Transportation traffic and safety engineer, told the committee the bill applies to jurisdictions outside MDT’s jurisdiction and that roads under MDT are subject to the Transportation Commission’s speed‑setting process. Committee members asked whether school zones in unincorporated areas would be affected; Prieb said school-zone settings depend on which jurisdiction controls the roadway and that local jurisdictions (county or city) set school-zone limits when outside MDT’s purview.
Senators discussed how the urban‑district spacing test would work in rural areas and whether frequent speed‑limit changes across short distances would be practical to sign and enforce. Sponsor Kurdy said counties would likely avoid arbitrary spot‑to‑spot changes and would rely on the statutory tests and existing school‑zone law to avoid confusion.
On executive action the committee moved to report SB428 with a 'do pass' recommendation. After debate about whether the statute is necessary in places where counties already post 25 mph signs, the committee approved the motion on a roll‑call vote (the transcript records the final tally as 8 yes, 3 no) and the bill moved forward from committee.
