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. § 2-3-103 (2026)

Public Participation -- Governor To Ensure Guidelines Adopted -- Procedures For Publishing Notice

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 3
  4. Part 1
  5. 2-3-103 Public participation -- governor to ensure guidelines adopted -- procedures for publishing notice

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 3. PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS

Part 1. Notice and Opportunity to Be Heard

Public Participation -- Governor To Ensure Guidelines Adopted -- Procedures For Publishing Notice

2-3-103. Public participation -- governor to ensure guidelines adopted -- procedures for publishing notice. (1) (a) Each agency shall develop procedures for permitting and encouraging the public to participate in agency decisions that are of significant interest to the public. The procedures must ensure adequate notice and assist public participation before a final agency action is taken that is of significant interest to the public.

(b) The agency shall publish an agenda for a meeting, as defined in 2-3-202, as follows:

(i) if a newspaper of general circulation in the county where the agency is located publishes electronic notices and links to meeting agendas free of charge to the agency on the newspaper's website, the agency shall provide the notice and agenda to the newspaper to post on the newspaper's website;

(ii) if the agency does not have an option to post notices and links to meeting agendas free of charge, the agency shall provide adequate notice of a meeting by doing at least one of the following:

(A) posting a link to the meeting agenda on the agency's primary website; or

(B) posting the agenda on the social media site of the agency.

(c) The agenda must include an item allowing public comment on any public matter that is not on the agenda of the meeting and that is within the jurisdiction of the agency conducting the meeting. However, the agency may not take action on any matter discussed unless specific notice of that matter is included on an agenda and public comment has been allowed on that matter.

(d) Public comment received at a meeting must be incorporated into the official minutes of the meeting, as provided in 2-3-212.

(e) For purposes of this section, "public matter" does not include contested case and other adjudicative proceedings.

(2) The governor shall ensure that each board, bureau, commission, department, authority, agency, or officer of the executive branch of the state adopts coordinated rules for its programs. The guidelines must provide policies and procedures to facilitate public participation in those programs, consistent with subsection (1). These guidelines must be adopted as rules and published in a manner so that the rules may be provided to a member of the public upon request.

History: En. 82-4228 by Sec. 3, Ch. 491, L. 1975; amd. Sec. 24, Ch. 285, L. 1977; amd. Sec. 2, Ch. 452, L. 1977; R.C.M. 1947, 82-4228(1), (5); amd. Sec. 1, Ch. 425, L. 2003; amd. Sec. 1, Ch. 396, L. 2023.

Notes of Decisions
Cited in 30 cases (4 in the last 5 years), 1979–2026 · leading case: Jones v. Cnty. of Missoula, 2006 MT 2 (Mont. 2006).
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Jones v. Cnty. of Missoula, 2006 MT 2 (Mont. 2006). · cites it 199× “¶ 43 Subsection (2) of § 2-3-103, MCA, was not at issue in Sonstelie .”
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). · cites it 21× “As to Schoof’s claim for declaratory relief, the 2 Schoof’s complaint cites § 2-2-102, MCA, as the statutory authority for his right of participation claim, but the right of participation provision is actually codified at § 2-3-103, MCA. 3 District Court determined that Schoof…”
Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). · cites it 13× “¶27 Section 2-3-103, MCA, provides that “[e]ach agency shall develop procedures for permitting and encouraging the public to participate in agency decisions that are of significant interest to the public.”
Benefis Healthcare v. GREAT FALLS CLINIC, LLP., 2006 MT 254 (Mont. 2006). · cites it 12× “As the Court noted in Jones , "Section 2-3-103(1), 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…”
Citizens for a Better Flathead v. Bd. of Cnty. Commissioners, 2016 MT 256 (Mont. 2016). · cites it 5× “Meetings of “public or governmental bodies [or] boards” must be open to the public. Section 2-3-203(1), MCA.”
Willems v. SEC. of State Lind, 2014 MT 82 (Mont. 2014). · cites it 6× “A “meeting” is “the convening of a quorum of the constituent membership of a public agency .”
Motta v. Philipsburg Sch. Bd. Trs., Dist. 1, 2004 MT 256 (Mont. 2004). · cites it 3× “” ¶9 The District Court further ordered the School District to develop procedures pursuant to § 2-3-103, MCA, and to submit those procedures to the court so as to allow it to determine the reasonableness of the proposed procedures.”
Bd. of Trs. v. Bd. of Cnty. Commissioners, 606 P.2d 1069 (Mont. 1980). · cites it 4× “In Montana, notice is required by sections 2-3-103 and 7-5-2122, MCA. The contested “meeting” here failed to comply with the notice requirements of both those sections.”
Montana Health Care Ass'n v. Montana Bd. of Directors of State Comp. Mut. Ins. Fund, 845 P.2d 113 (Mont. 1993). · cites it 8× “The Public Participation Act does require advance notice of final agency action, however, and the District Court pointed out that State Fund has not always complied with this provision (Section 2-3-103, MCA). Further, Section 2-3-103 requires state agencies, including State…”
Kadillak v. Anaconda Co., 602 P.2d 147 (Mont. 1979). · cites it 3× “They claim that they were denied their right to notice and participation which is granted by section 2-3-103(1), MCA. At the time this action commenced the predecessor to this section (section 82-4228, R.”
Fasbender v. Lewis & Clark Cnty. Bd. of Cnty. Commissioners, 2009 MT 323 (Mont. 2009). · cites it 19× “¶22 This statute provides that an agency shall be considered to have complied with the notice provisions of § 2-3-103, MCA, if a newspaper of general circulation within the affected area “has carried a news story or advertisement concerning the decision sufficiently prior to a…”
Citizens for Balanced Use v. Montana Fish, Wildlife & Park Comm'n, 2014 MT 214 (Mont. 2014). · cites it 4× “3d 831 (citing § 2-3-111(1), MCA), and develop procedures permitting and encouraging public participation in such decisions, Schoof, ¶ 21 (citing § 2-3-103(1)(a), MCA). Decisions made in violation of these constitutional and statutory provisions may be set aside or voided by a…”
Show all 30 citing cases →
Mont. Code Ann. § 2-3-103(1): 7 cases
Jones v. Cnty. of Missoula, 2006 MT 2 (Mont. 2006). “¶ 43 Subsection (2) of § 2-3-103, MCA, was not at issue in Sonstelie .”
Benefis Healthcare v. GREAT FALLS CLINIC, LLP., 2006 MT 254 (Mont. 2006). “As the Court noted in Jones , "Section 2-3-103(1), 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…”
Kadillak v. Anaconda Co., 602 P.2d 147 (Mont. 1979). “They claim that they were denied their right to notice and participation which is granted by section 2-3-103(1), MCA. At the time this action commenced the predecessor to this section (section 82-4228, R.”
Bd. of Trs. v. Bd. of Cnty. Commissioners, 606 P.2d 1069 (Mont. 1980). “In Montana, notice is required by sections 2-3-103 and 7-5-2122, MCA. The contested “meeting” here failed to comply with the notice requirements of both those sections.”
Nelson v. City of Billings & MMIA, 2018 MT 36 (Mont. 2018).
Mont. Code Ann. § 2-3-103(1)(a): 11 cases
Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). “¶27 Section 2-3-103, MCA, provides that “[e]ach agency shall develop procedures for permitting and encouraging the public to participate in agency decisions that are of significant interest to the public.”
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). “As to Schoof’s claim for declaratory relief, the 2 Schoof’s complaint cites § 2-2-102, MCA, as the statutory authority for his right of participation claim, but the right of participation provision is actually codified at § 2-3-103, MCA. 3 District Court determined that Schoof…”
Citizens for a Better Flathead v. Bd. of Cnty. Commissioners, 2016 MT 256 (Mont. 2016). “Meetings of “public or governmental bodies [or] boards” must be open to the public. Section 2-3-203(1), MCA.”
Benefis Healthcare v. GREAT FALLS CLINIC, LLP., 2006 MT 254 (Mont. 2006). “As the Court noted in Jones , "Section 2-3-103(1), 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…”
Citizens for Balanced Use v. Montana Fish, Wildlife & Park Comm'n, 2014 MT 214 (Mont. 2014). “3d 831 (citing § 2-3-111(1), MCA), and develop procedures permitting and encouraging public participation in such decisions, Schoof, ¶ 21 (citing § 2-3-103(1)(a), MCA). Decisions made in violation of these constitutional and statutory provisions may be set aside or voided by a…”
Mont. Code Ann. § 2-3-103(1)(b): 2 cases
Torgison v. Lincoln Cnty., 2026 MT 78 (Mont. 2026).
Cummings v. Kelly, 2025 MT 68 (Mont. 2025).
Mont. Code Ann. § 2-3-103(2): 1 case
Jones v. Cnty. of Missoula, 2006 MT 2 (Mont. 2006). “¶ 43 Subsection (2) of § 2-3-103, MCA, was not at issue in Sonstelie .”
Mont. Code Ann. § 2-3-103(l)(a): 5 cases
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). “As to Schoof’s claim for declaratory relief, the 2 Schoof’s complaint cites § 2-2-102, MCA, as the statutory authority for his right of participation claim, but the right of participation provision is actually codified at § 2-3-103, MCA. 3 District Court determined that Schoof…”
Benefis Healthcare v. GREAT FALLS CLINIC, LLP., 2006 MT 254 (Mont. 2006). “As the Court noted in Jones , "Section 2-3-103(1), 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…”
Bitterroot River Prot. Ass'n v. Bitterroot Conservation Dist., 2008 MT 377 (Mont. 2008).
Citizens for Balanced Use v. Montana Fish, Wildlife & Park Comm'n, 2014 MT 214 (Mont. 2014). “3d 831 (citing § 2-3-111(1), MCA), and develop procedures permitting and encouraging public participation in such decisions, Schoof, ¶ 21 (citing § 2-3-103(1)(a), MCA). Decisions made in violation of these constitutional and statutory provisions may be set aside or voided by a…”
Boulder Monitor v. Jefferson High Sch. Dist. No. 1, 2014 MT 5 (Mont. 2014).
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