Montana Code Annotated

Mont. Code Ann. § 2-3-111 (2026)

Opportunity To Submit Views -- Public Hearings

✓ current as of May 2026
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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 3. PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS

Part 1. Notice and Opportunity to Be Heard

Opportunity To Submit Views -- Public Hearings

2-3-111. Opportunity to submit views -- public hearings. (1) Procedures for assisting public participation must include a method of affording interested persons reasonable opportunity to submit data, views, or arguments, orally or in written form, prior to making a final decision that is of significant interest to the public.

(2) When a state agency other than the board of regents proposes to take an action that directly impacts a specific community or area and a public hearing is held, the hearing must be held in an accessible facility in the impacted community or area or in the nearest community or area with an accessible facility.

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(3); amd. Sec. 1, Ch. 487, L. 1997.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 2002–2026 · leading case: Schoof v. Nesbit, 2014 MT 6 (Mont. 2014).
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). · cites it 16× “When a governmental agency fails to provide proper notice of a meeting, see §§ 2-3-103 to -107, MCA, or holds an unlawful closed meeting, see § 2-3-203, MCA, or denies reasonable opportunity to submit data, views, or arguments prior to making a final decision, see § 2-3-111,…”
Citizens for a Better Flathead v. Bd. of Cnty. Commissioners, 2016 MT 256 (Mont. 2016). · cites it 11× “The governmental bodies must either keep minutes of their meetings or create audio recordings accompanied by logs or time stamps.”
Bryan v. Yellowstone Cnty. Elementary Sch. Dist. No. 2, 2002 MT 264 (Mont. 2002). · cites it 4× “¶42 Essentially, the parties’ dispute hinges on the interpretation of the “reasonable opportunity” language found in Article II, Section 8, and § 2-3-111, MCA. In discussions prior to the provision’s adoption, Delegate Garlington expressed similar concerns regarding the…”
Jones v. Cnty. of Missoula, 2006 MT 2 (Mont. 2006). · cites it 6× “Section 2-3-111(1), MCA. ¶ 15 Relying on an opinion of the Montana Attorney General, 47 Mont.”
Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). · cites it 3× “Before an agency takes final action on an issue that is of significant interest to the public, the agency must follow procedures to ensure adequate notice and assist public participation. Section 2-3-103(1)(a), MCA. “Procedures for assisting public participation must include 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).”
Bitterroot River Prot. Ass'n v. Bitterroot Conservation Dist., 2008 MT 377 (Mont. 2008). · cites it 5× “” Section 2-3-111(1), MCA, provides that “[procedures for assisting public participation must include a method of affording interested persons reasonable opportunity to submit data, views, or arguments, orally or in written form, prior to making a final decision that is of…”
Carbon Cnty. Resource Council v. Montana Bd. of Oil & Gas Conservation, 2016 MT 240 (Mont. 2016). · cites it 8× “Affidavits of Resource Councils’ members state explicitly that they received notice of Energy Corp.”
Bitterroot River Prot. Ass'n Inc. v. Bitterroot Cons. Dist., 2008 MT 377 (Mont. 2008). · cites it 5× “" Section 2-3-111(1), MCA, provides that "[p]rocedures for assisting public participation must include a method of affording interested persons reasonable opportunity to submit data, views, or arguments, orally or in written form, prior to making a final decision that is of…”
Belanus v. Gallagher, 2016 MT 186N (Mont. 2016). · cites it 2× “Those statutes pertain to the production of evidence and criminal discovery during a criminal proceeding. Belanus has not shown that the obligations under §§ 46-15-322 and -327, MCA, extend beyond trial to a separate civil case.”
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). · cites it 8× “When a governmental agency fails to provide proper notice of a meeting, see §§ 2-3-103 to -107, MCA, or holds an unlawful closed meeting, see § 2-3-203, MCA, or denies reasonable opportunity to submit data, views, or arguments prior to making a final decision, see § 2-3-111,…”
Hamilton Historic Preserv. v. City, 2023 MT 119 (Mont. 2023). · cites it 2× “¶12 Although § 2-3-111(1), MCA, requires that the public be provided the opportunity to be heard by a zoning board by “affording interested persons reasonable opportunity to submit data, views, or arguments, orally or in written form, prior to making a final decision that is of…”
Mont. Code Ann. § 2-3-111(1): 9 cases
Schoof v. Nesbit, 2014 MT 6 (Mont. 2014). “When a governmental agency fails to provide proper notice of a meeting, see §§ 2-3-103 to -107, MCA, or holds an unlawful closed meeting, see § 2-3-203, MCA, or denies reasonable opportunity to submit data, views, or arguments prior to making a final decision, see § 2-3-111,…”
Jones v. Cnty. of Missoula, 2006 MT 2 (Mont. 2006). “Section 2-3-111(1), MCA. ¶ 15 Relying on an opinion of the Montana Attorney General, 47 Mont.”
Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). “Before an agency takes final action on an issue that is of significant interest to the public, the agency must follow procedures to ensure adequate notice and assist public participation. Section 2-3-103(1)(a), MCA. “Procedures for assisting public participation must include a…”
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).”
Bitterroot River Prot. Ass'n v. Bitterroot Conservation Dist., 2008 MT 377 (Mont. 2008). “” Section 2-3-111(1), MCA, provides that “[procedures for assisting public participation must include a method of affording interested persons reasonable opportunity to submit data, views, or arguments, orally or in written form, prior to making a final decision that is of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.