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Council adopts public engagement plan; MLUPA rules change site-specific review and add a temporary 15-day notice
Summary
The council adopted an amended public engagement plan that implements Montana Land Use Planning Act (MLUPA) requirements. Staff explained that when site-specific projects "substantially comply" with the plan and regulations they may proceed without another public hearing, and that a temporary 15-day preliminary-notice requirement applies until July 1, 2027.
The Whitefish City Council voted to adopt an amended public engagement plan tied to the recently revised Montana Land Use Planning Act (MLUPA).
Alan (planning staff) told the council the revised plan now covers community plan updates, regulatory updates and site-specific development reviews in line with the state law. Under MLUPA, a local government must provide continuous public participation when adopting or updating a land-use plan or regulations; once regulations and the plan are in place, site-specific development that is in "substantial compliance" with those adopted documents is not automatically subject to repeated public hearings.
"If the planning administrator determines that there are increased impacts then they can request additional review and there will be a 15-day public comment period," Alan said, explaining the administrative-review threshold and the temporary public-notice procedure. That 15-day preliminary-notice process will remain in effect until July 1, 2027 (the legislature included the sunset date during recent amendments), at which time the law currently envisions limiting routine public review for site-specific projects unless new or increased impacts are identified.
Council members asked for clearer graphics and process flowcharts for public understanding; Alan agreed to add a flowchart to the engagement materials. The council adopted the engagement plan unanimously.
What this means: in practical terms, once the city finishes updating the implementing zoning code, many routine site-specific applications judged in substantial compliance with the plan and regulations may proceed with reduced public review. If an application raises new or significantly increased impacts not contemplated in the plan, staff will notify the public and the project will receive additional review and a 15-day comment period (during the temporary window).
Council and staff noted the change shifts more initial determinations to the planning administrator and urged transparency and clear public notice during the regulatory transition.
