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

Mont. Code Ann. § 76-1-113 (2026)

Effect Of Chapter On Natural Resources

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  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 1
  4. Part 1
  5. 76-1-113 Effect of chapter on natural resources

TITLE 76. LAND RESOURCES AND USE

CHAPTER 1. PLANNING BOARDS

Part 1. General Provisions

Effect Of Chapter On Natural Resources

76-1-113. Effect of chapter on natural resources. (1) Except as provided in subsection (2), nothing in this chapter may be considered to authorize an ordinance, resolution, or rule that would prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources by the owner thereof.

(2) The complete use, development, or recovery of a mineral by an operation that mines sand and gravel and an operation that mixes concrete or batches asphalt on a site that is located within a geographic area zoned as residential are subject to the zoning regulations adopted under Title 76, chapter 2.

History: En. Sec. 53, Ch. 246, L. 1957; amd. Sec. 6, Ch. 271, L. 1959; R.C.M. 1947, 11-3853; amd. Sec. 1, Ch. 408, L. 1991.

Notes of Decisions
Cited in 3 cases, 1985–2008 · leading case: Merlin Myers Revocable Trust v. Yellowstone Cnty., 2002 MT 201, 53 P.3d 1268.
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Merlin Myers Revocable Trust v. Yellowstone Cnty., 2002 MT 201, 53 P.3d 1268. · cites it 8× “¶ 14 The Trust argued to the District Court that under §§ 76-1-113 and 76-2-209, MCA, local planning boards may not prevent the operation of a gravel facility in a nonresidential area.”
Missoula Cnty. v. Am. Asphalt, Inc., 701 P.2d 990 (Mont. 1985). · cites it 8× “” The chapter on planning contains a nearly identical provision, section 76-1-113, MCA, which states: “Nothing in this chapter shall be deemed to authorize an ordinance, resolution, or rule which would prevent the complete use, development, or recovery of any mineral, forest, or…”
Flathead Citizens for Quality Growth, Inc. v. Flathead Cnty. Bd. of Adjustment, 2008 MT 1, 175 P.3d 282. “The applicant argued “that under §§ 76-1-113 and 76-2-209, MCA, local planning boards may not prevent the operation of a gravel facility in a nonresidential area.”
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