Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Bill to interpret zoning ambiguities in favor of property owners draws praise and preservation pushback
Summary
Sen. Greg Hertz sponsored SB 214 to require ambiguous zoning provisions be interpreted in favor of nonconforming uses; proponents said the bill protects property rights and local homeowners relying on uses such as short-term rentals, while Preserve Montana and others warned it removes review authority from local historic preservation boards.
Sen. Greg Hertz told the Local Government Committee that Senate Bill 214 would clarify how zoning ambiguities should be resolved: when it is unclear whether a use is permitted, the ambiguity should be interpreted in favor of allowing the nonconforming use rather than prohibiting it. He said the bill is aimed at preventing reinterpretations of long-standing property uses that can leave owners exposed.
"This bill clarifies what the Montana Supreme Court had said for years that in those cases where there's an ambiguity, you should on the side of permitting the use and allowing…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
