Mont. Code Ann. » TITLE 76. LAND RESOURCES AND USE · CHAPTER 1. PLANNING BOARDS · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 76-1-103 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 1
  4. Part 1
  5. 76-1-103 Definitions

TITLE 76. LAND RESOURCES AND USE

CHAPTER 1. PLANNING BOARDS

Part 1. General Provisions

Definitions

76-1-103. Definitions. As used in this chapter, the following definitions apply:

(1) "City" includes incorporated cities and towns.

(2) "City council" means the chief legislative body of a city or incorporated town.

(3) "Governing body" or "governing bodies" means the governing body of any governmental unit represented on a planning board.

(4) "Growth policy" means a comprehensive development plan, master plan, or comprehensive plan that was adopted pursuant to this chapter before October 1, 1999, or a policy that was adopted pursuant to this chapter on or after October 1, 1999.

(5) "Land use management techniques and incentives" include but are not limited to zoning regulations, subdivision regulations, and market incentives.

(6) "Market incentives" may include but are not limited to an expedited subdivision review process authorized by 76-3-609, reductions in parking requirements, and a sliding scale of development review fees.

(7) "Mayor" means mayor of a city.

(8) "Neighborhood plan" means a plan for a geographic area within the boundaries of the jurisdictional area that addresses one or more of the elements of the growth policy in more detail.

(9) "Person" means any individual, firm, or corporation.

(10) "Planning board" means a city planning board, a county planning board, or a joint city-county planning board.

(11) "Plat" means a subdivision of land into lots, streets, and areas, marked on a map or plan, and includes replats or amended plats.

(12) "Public place" means any tract owned by the state or its subdivisions.

(13) "Streets" includes streets, avenues, boulevards, roads, lanes, alleys, and all public ways.

(14) "Utility" means any facility used in rendering service that the public has a right to demand.

History: En. Sec. 3, Ch. 246, L. 1957; amd. Sec. 2, Ch. 247, L. 1963; amd. Sec. 1, Ch. 349, L. 1973; R.C.M. 1947, 11-3803(part); amd. Sec. 1, Ch. 266, L. 1979; amd. Sec. 4, Ch. 582, L. 1999; amd. Sec. 1, Ch. 599, L. 2003; amd. Sec. 1, Ch. 455, L. 2007.

Notes of Decisions
Cited in 3 cases, 1979–2011 · leading case: Heffernan v. Missoula City Council, 2011 MT 91 (Mont. 2011).
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Heffernan v. Missoula City Council, 2011 MT 91 (Mont. 2011). · cites it 5× “582, §4; §76-1-103(4), MCA. 3 Because the “cases at law and in equity” language of Article VII, Section 4(1) of the Montana Constitution embodies the same limitations as are imposed by the “case or controversy’language of Article III, Section 2 of the United States Constitution,…”
Little v. Bd. of Cnty. Commissioners, 631 P.2d 1282 (Mont. 1981). · cites it 5× “1 (Planning Boards), a definitional statute, section 76-1-103(4), MCA, explains the terms: “ ‘Master plan’ means a comprehensive development plan or any of its parts such as a plan of land use and zoning, of thoroughfares, of sanitation, of recreation, and of other related…”
Allen v. Flathead Cnty., 601 P.2d 399 (Mont. 1979). · cites it 3× “Section 76-1-103, MCA, defines a “master plan” as “a comprehensive development plan or any of its parts such as a plan of land use and zoning, of thoroughfares, of sanitation, of recreation, and of other related matters.”
— Mont. Code Ann. § 76-1-103(4) — 2 cases
Little v. Bd. of Cnty. Commissioners, 631 P.2d 1282 (Mont. 1981). “1 (Planning Boards), a definitional statute, section 76-1-103(4), MCA, explains the terms: “ ‘Master plan’ means a comprehensive development plan or any of its parts such as a plan of land use and zoning, of thoroughfares, of sanitation, of recreation, and of other related…”
Heffernan v. Missoula City Council, 2011 MT 91 (Mont. 2011). “582, §4; §76-1-103(4), MCA. 3 Because the “cases at law and in equity” language of Article VII, Section 4(1) of the Montana Constitution embodies the same limitations as are imposed by the “case or controversy’language of Article III, Section 2 of the United States Constitution,…”
— Mont. Code Ann. § 76-1-103(8) — 1 case
Heffernan v. Missoula City Council, 2011 MT 91 (Mont. 2011). “582, §4; §76-1-103(4), MCA. 3 Because the “cases at law and in equity” language of Article VII, Section 4(1) of the Montana Constitution embodies the same limitations as are imposed by the “case or controversy’language of Article III, Section 2 of the United States Constitution,…”
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