Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 3. PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS · Part 1. Notice and Opportunity to Be Heard
Montana Code Annotated

Mont. Code Ann. § 2-3-101 (2026)

Legislative Intent

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 3
  4. Part 1
  5. 2-3-101 Legislative intent

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 3. PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS

Part 1. Notice and Opportunity to Be Heard

Legislative Intent

2-3-101. Legislative intent. The legislature finds and declares pursuant to the mandate of Article II, section 8, of the 1972 Montana constitution that legislative guidelines should be established to secure to the people of Montana their constitutional right to be afforded reasonable opportunity to participate in the operation of governmental agencies prior to the final decision of the agency.

History: En. 82-4226 by Sec. 1, Ch. 491, L. 1975; R.C.M. 1947, 82-4226.

Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1983–2025 · leading case: Schoof v. Nesbit, 2014 MT 6 (Mont. 2014).
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Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). · cites it 8× “” Section 2-3-101, MCA. Like § 2-3-213, MCA, the Legislature amended § 2-3-114, MCA, in 2007 to include a discovery provision.”
Jones v. Montana Univ. Sys., 2007 MT 82 (Mont. 2007). · cites it 4× “2d 604 (1994), § 2-3-101, MCA, and § 2-3-201, MCA, although Petitioners leave their relevancy to the reader to ascertain.”
Jones v. Cnty. of Missoula, 2006 MT 2 (Mont. 2006). · cites it 8× “[2] Section 2-3-103(1), *409 MCA, requires each public agency to adopt policies that permit and encourage public participation in agency decisions and also to assure adequate notice is given before a final agency action of significant public interest is taken.”
Willems v. SEC. of State Lind, 2014 MT 82 (Mont. 2014). · cites it 7× “The Legislature has codified guidelines to protect the Section 8 guarantees at §§ 2-3-101 through -114, MCA. ¶15 According to the statutory guidelines, the “actions and deliberations of all public agencies shall be conducted openly,” and “[a]ll meetings of public or governmental…”
Bryan v. Yellowstone Cnty. Elementary Sch. Dist. No. 2, 2002 MT 264 (Mont. 2002). “The Legislature has codified guidelines to protect the Article II, Section 8, guarantees at § 2-3-101, et seq., MCA. Article II, Section 9 of the Montana Constitution provides: Right to know.”
Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). “On November 15, 2013, Moe filed a complaint alleging three counts against the County: 1) violation of Montana’s open meeting laws, Article II, Section 9 of the Montana Constitution and § 2-3-203, MCA; 2) violation of Article II, Section 8 of the Montana Constitution and §§…”
Citizens for a Better Flathead v. Bd. of Cnty. Commissioners, 2016 MT 256 (Mont. 2016). “¶40 The Legislature implemented these constitutional rights by enacting §§ 2-3-101 to -221, MCA. Bryan , ¶ 24. The law requires that agencies “develop procedures for permitting and encouraging” public participation and provide adequate notice of their planned actions.”
Bitterroot River Prot. Ass'n v. Bitterroot Conservation Dist., 2008 MT 377 (Mont. 2008). · cites it 3× “” *517 Section 2-3-101, MCA, referencing “the mandate of Article II, section 8,” provides that citizens are to be “afforded reasonable opportunity to participate .”
Sonstelie v. Bd. of Trs. for Sch. Dist. No. 10, 658 P.2d 413 (Mont. 1983). · cites it 2× “” The Montana Public Meeting Act, section 2-3-101 et seq., MCA, and the Montana Open Meeting Act, section 2-3-201 et seq.”
Bitterrooters for Plan., Inc. v. Montana Dep't of Env't Quality, 2017 MT 222 (Mont. 2017). · cites it 2× “¶13 On January 14, 2015, Bitterrooters petitioned the Montana First Judicial District Court for judicial review on the asserted grounds that DEQ’s wastewater discharge permitting process violated the Montana Water Quality Act (MWQA), MEPA, and the public’s right to participate…”
Bitterroot River Prot. Ass'n Inc. v. Bitterroot Cons. Dist., 2008 MT 377 (Mont. 2008). · cites it 3× “" Section 2-3-101, MCA, referencing "the mandate of Article II, section 8," provides that citizens are to be "afforded reasonable opportunity to participate.”
Montana Health Care Ass'n v. Montana Bd. of Directors of State Comp. Mut. Ins. Fund, 845 P.2d 113 (Mont. 1993). “See Sections 2-3-101 through -114, MCA. In short, appellants assert that by refusing to mail Board packets to members of the public who request them, State Fund denies the public a reasonable opportunity for meaningful public participation before final decisions are made.”
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