Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Annexation Zoning topic
No spam. Unsubscribe anytime.
Committee advances bill preventing municipalities from forcing zoning changes to secure water/sewer hookups
Summary
House Bill 871 would bar municipal requirements that land owners change zoning (e.g., to multifamily) as a condition of connecting to city water or sewer. Sponsor argued it protects fair treatment of property owners; municipal leaders and planners warned the language needs revision to avoid conflicting with existing state law and density policies.
Representative Steve Fitzpatrick introduced House Bill 871, which would prohibit a municipality from requiring a landowner to consent to a zoning change (such as multifamily zoning) as a condition of connecting to municipal water or sewer systems. Fitzpatrick said the aim is to prevent municipalities from forcing property owners into development forms they did not plan for when purchasing the land.
Opponents including the Montana League of Cities & Towns and planning professionals argued the draft language did not reflect existing processes and could interfere with broader density and infrastructure planning. Kelly Lynch (Montana League of Cities & Towns) said zoning adjustments typically expand allowable uses and do not force construction; she also noted recent statewide changes that allow duplexes by right and urged the sponsor to rework the language. City of Billings and planning representatives said the bill could conflict with established municipal processes for annexation and zoning for areas brought into city services.
Committee members discussed wordsmithing the multifamily language and whether the bill would unintentionally bar useful planning tools. After discussion, the committee moved HB 871 and it passed committee executive action on a roll call recorded as 9 ayes and 8 noes.
What’s next: Sponsor said he will work with stakeholders to clarify language (noting the legislative changes that allow duplexes) before further steps.
