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Bill to bar zoning discrimination against manufactured and factory-built housing draws mixed testimony; sponsor plans amendments
Summary
Senate Bill 252 seeks to prevent zoning that excludes manufactured or factory-built homes; industry groups and housing advocates supported it while the League of Cities and the planning association asked for changes to avoid unintended preferential treatment and to address part-1 citizen-initiated zoning and industrial-zone residential impacts.
Senate Bill 252, sponsored by Senator Dave Fern, would clarify that manufactured, factory-built and modular homes cannot be excluded from zoning solely because of their construction method and would expand access to municipal water and sewer for certain factory-built projects. Fern framed the bill as a response to Montana's housing shortage and argued allowing factory-built and HUD-code homes more clearly in law can support affordable housing development.
Proponents included Stewart Doggett of the Montana Manufactured Housing and RV Association, who said HUD-code manufactured homes and modern factory-built products can provide lower-cost homeownership and cited a snapshot showing over 100,000 residents live in HUD-code homes in the state. Jake Brown of Shelter Whitefish and Alyssa Snow, representing tribal communities, urged the committee to pass SB252 to help create tiny-home villages and expand housing options.
Opponents raised two main concerns. Kelly Lynch, executive director of the Montana League of Cities and Towns, said treating manufactured housing differently is already prohibited and that a provision (page 5 lines 10–11) as drafted could require less zoning conformity for factory-built homes than for conventional housing, effectively giving preferential treatment. "That line actually would require us to treat manufactured or factory built housing better than stick built because... those lines would say that they don't have to follow those zoning regulations that are applicable to homes," Lynch said.
Sean O'Callaghan of the Montana Association of Planners flagged section 3, saying it could force residential use approvals in industrially zoned areas and that the bill does not address citizen-initiated (part-1) zoning districts; he asked the sponsor to clarify those points. Senator Fern said he plans two friendly amendments to address the opponents' concerns, and the committee closed the hearing with the sponsor committing to bring changes before executive action.
