Mont. Code Ann. » TITLE 7. LOCAL GOVERNMENT · CHAPTER 1. GENERAL PROVISIONS · Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions
Montana Code Annotated

Mont. Code Ann. § 7-1-106 (2026)

Construction Of Self-Government Powers

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 7
  3. CHAPTER 1
  4. Part 1
  5. 7-1-106 Construction of self-government powers

TITLE 7. LOCAL GOVERNMENT

CHAPTER 1. GENERAL PROVISIONS

Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions

Construction Of Self-Government Powers

7-1-106. Construction of self-government powers. The powers and authority of a local government unit with self-government powers shall be liberally construed. Every reasonable doubt as to the existence of a local government power or authority shall be resolved in favor of the existence of that power or authority.

History: En. 47A-7-106 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-106.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1981–2025 · leading case: Montana-Dakota Utils. Co. v. City of Billings, 2003 MT 332 (Mont. 2003).
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Montana-Dakota Utils. Co. v. City of Billings, 2003 MT 332 (Mont. 2003). · cites it 12× “Section 7-1-106, MCA, further states: The powers and authority of a local government unit with self-government powers shall be liberally construed.”
Gregg v. Whitefish City Council, 2004 MT 262 (Mont. 2004). · cites it 4× “; § 7-1-106, MCA. In addition, the City cites State ex rel.”
City of Missoula v. Armitage, 2014 MT 274 (Mont. 2014). · cites it 6× “A local government operating under a self-government charter may exercise any power not prohibited by the Montana Constitution, state law, or the charter itself. Mont. Const. art. XI, § 6; § 7-1-101, MCA.”
State Ex Rel. Swart v. Molitor, 621 P.2d 1100 (Mont. 1981). · cites it 6× “” And again in section 7-1-106 MCA: “The powers and authority of a local government unit with self-government powers shall be liberally construed.”
Tipco Corp., Inc. v. City of Billings, 642 P.2d 1074 (Mont. 1982). · cites it 3× “es provide that “a local governmental unit with self-government powers may exercise any power not prohibited by the constitution, law, or charter” and “these powers include but are not limited to the powers granted to general power governments” section 7-1-101, MCA; and that…”
Town Pump, Inc. v. Bd. of Adjustment, 1998 MT 294 (Mont. 1998). · cites it 4× “Moreover, § 7-1-106, MCA, provides that "[e]very reasonable doubt as to the existence of a local government power or authority shall be resolved in favor of the existence of that power or authority.”
City of Missoula v. Franklin, 425 P.3d 1285 (Mont. 2018). · cites it 2× “3d 736 (citing § 7-1-106, MCA ). A self-governing municipality, like the City of Missoula, has the power to enact city ordinances so long as the ordinance is not expressly preempted or in conflict with state law.”
Am. Cancer Soc'y v. State, 2004 MT 376 (Mont. 2004). · cites it 6× “" Section 7-1-106, MCA. Accordingly, although § 7-1-120, MCA, exempts VGM establishments from ordinances that are "more restrictive" than the MCIAA, that exemption has no application to the ordinances in question.”
Hammer v. Butte Silver Bow Cnty., 760 P.2d 76 (Mont. 1988). · cites it 6× “Section 7-1-106, MCA 1985. There is no express prohibition under Montana law precluding or preventing Butte-Silver Bow County from entering into an independent contractor relationship for provision of the legal services at issue herein.”
Lake v. Lake Cnty., 759 P.2d 161 (Mont. 1988). · cites it 3× “” Section 7-1-106, MCA. To limit the statutory scheme to the narrow interpretation suggested by the Lakes would fly in the face of both constitutional and legislative directive.”
Lechner v. City of Billings, 797 P.2d 191 (Mont. 1990). · cites it 6× “It may also provide any services or perform any functions not expressly prohibited by constitution, law or charter. Section 7-1-102, MCA. Its power and authority are to be liberally construed, with every reasonable doubt as to the existence of a power or authority resolved in…”
Montana Innkeepers Ass'n v. City of Billings, 671 P.2d 21 (Mont. 1983). · cites it 3× “” And again in section 7-1-106, MCA: “The powers and authority of a local government unit with self-government powers shall be liberally construed.”
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