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Committee hears SB 266 to allow triplexes, fourplexes on single‑family lots in larger municipalities
Summary
SB 266 would require municipalities above a population threshold to allow triplexes and fourplexes where single-family dwellings are permitted. Proponents said the change increases housing supply and curbs sprawl; municipal officials and the League of Cities warned that statewide preemption undermines local planning and public participation.
The Senate Local Government Committee heard Senate Bill 266, sponsored by Senator Trebis, which would permit duplex, triplex and fourplex development on lots where single-family homes are allowed in municipalities above a specified population threshold.
Sponsor Trebis framed the bill as a measure to increase housing density and supply, calling it an incremental tool drawn from the governor's housing task force and previous legislation. "This doubles the potential housing density on a single family, residential zone lots with infill potential," the sponsor said during opening remarks. Proponents including Shelter Whitefish, the Montana Environmental Information Center (which supported incremental density), and the Billings Chamber of Commerce told the committee the measure would expand housing choices and support smart growth.
Municipal representatives and the Montana League of Cities and Towns opposed or asked for caution. Danny Hess, representing the City of Bozeman, said the city supports density but asked the legislature to address state code provisions (zoning protest provisions and vague code criteria) that impede local adoption of denser zoning rather than imposing a one-size-fits-all preemption. Kelly Lynch for the League argued the bill would force communities to revisit recently negotiated 'Malupa'/'LUPA' planning choices and risk undermining public review and constitutional environmental safeguards.
Committee members probed implementation details: what "no more restrictive" standards mean for parking or setbacks; how the bill interacts with municipal planning processes and protest provisions (Title 76 citations were discussed); and whether smaller communities have the planning capacity required by the bill's population threshold. Sponsors and proponents said the intent is to allow triplexes and fourplexes under similar development standards as single-family homes in municipalities with adequate planning capacity.
The committee closed the SB 266 hearing without taking a vote. The chair announced potential executive action on Monday and asked interested parties to submit amendments.
