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Bill would require mailed notice and website posting for zoning changes; counties warn of cost and process risks

Senate Local Government Committee
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Summary

House Bill 738 would require counties to mail notice by mail to known property owners, post changes on county websites, and provide contact information for zoning boundary or regulatory changes. Proponents called it a due-process fix; counties and planning groups warned it could be costly, cumbersome, and conflict with recent reforms.

Representative Seachem's Crowe opened a hearing on House Bill 738, a bill requiring counties to notify property owners by mail when zoning boundaries or regulations change, to publish notice on county websites, and to provide contact information for questions. Proponents — including property owners, a law intern, and the Upper Missouri Waterkeeper — said current signage and legal notices in newspapers are insufficient in an era of digital media and paywalled local papers.

Wendy Dixon, a Gallatin County property owner, described signs blown away before hearings and said she spent about $500 mailing postcards to every property owner in her subdistrict to ensure awareness. Blaine Conkle (Bozeman) and Stephanie Baucus urged improved notice and web-based posting so citizens truly have the chance to weigh in on changes that affect property rights.

Opponents included Yellowstone and Missoula counties, and planning groups, which said mandatory mass mailings for broad code amendments or small maintenance edits could cost tens of thousands of dollars, create legal exposure if someone claims not to have received notice, and discourage necessary maintenance amendments. Yellowstone County suggested targeted alternatives, neighborhood meetings, web posting, stakeholder outreach, and changes to the existing on-site posting rules as potentially more effective and less costly approaches.

Committee members discussed neighborhood-meeting models and the potential to craft amendments that preserve improved notice while limiting cost burdens for counties and applicants. Sponsor Seekins Crow said she welcomes amendments and will work with counties to find workable solutions. The hearing closed with an invitation for technical fixes.