Mont. Code Ann. » TITLE 76. LAND RESOURCES AND USE · CHAPTER 2. PLANNING AND ZONING · Part 1. County Planning and Zoning Commission
Montana Code Annotated

Mont. Code Ann. § 76-2-101 (2026)

Planning And Zoning Commission And District

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 2
  4. Part 1
  5. 76-2-101 Planning and zoning commission and district

TITLE 76. LAND RESOURCES AND USE

CHAPTER 2. PLANNING AND ZONING

Part 1. County Planning and Zoning Commission

Planning And Zoning Commission And District

76-2-101. Planning and zoning commission and district. (1) Subject to the provisions of subsection (5), whenever the public interest or convenience may require and on petition of 60% of the affected real property owners in the proposed district, the board of county commissioners may create a planning and zoning district and may appoint a planning and zoning commission consisting of up to seven members.

(2) A planning and zoning district may not be created in an area that has been zoned by an incorporated city pursuant to 76-2-310 and 76-2-311.

(3) For the purposes of this part, the word "district" means any area that consists of not less than 40 acres.

(4) An action challenging the process to create a planning and zoning district must begin within 6 months after the date of the order by the board of county commissioners creating the district.

(5) (a) Before the board of county commissioners determines whether the number of affected real property owners necessary to meet the petition requirement of subsection (1) has been met, draft documents of the proposed materials that may potentially govern the proposed district must be made available to the board of county commissioners. Draft documents of the proposed materials required in this subsection (5) may include but are not limited to drafts of:

(i) a development pattern as provided in 76-2-104;

(ii) a resolution as provided in 76-2-107; and

(iii) the land use and zoning regulations as provided in 76-2-107.

(b) The final adopted development pattern, resolutions, and other materials that govern the zoning district as required in 76-2-104 and 76-2-107 must be similar to the draft documents provided to the county commissioners as required in subsection (5)(a).

History: (1), (2)En. Sec. 1, Ch. 154, L. 1953; amd. Sec. 16, Ch. 273, L. 1971; Sec. 16-4101, R.C.M. 1947; (3)En. Sec. 7, Ch. 154, L. 1953; amd. Sec. 1, Ch. 229, L. 1955; Sec. 16-4107, R.C.M. 1947; R.C.M. 1947, 16-4101(part), 16-4107; (4)En. Sec. 1, Ch. 441, L. 1989; amd. Sec. 1, Ch. 591, L. 1995; amd. Sec. 1, Ch. 288, L. 2001; amd. Sec. 3, Ch. 446, L. 2009; amd. Sec. 1, Ch. 533, L. 2021; amd. Sec. 1, Ch. 401, L. 2023.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1980–2026 · leading case: Montana Wildlife Fed'n v. Sager, 620 P.2d 1189 (Mont. 1980).
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Montana Wildlife Fed'n v. Sager, 620 P.2d 1189 (Mont. 1980). · cites it 27× “The separate petitions of Copelands and Craigs sought the establishment of separate planning and zoning districts, each coextensive with the boundaries of the parcels of the owners, under section 76-2-101, MCA. There is no question that no comprehensive plan was prepared for…”
Egan Slough v. Flathead Cnty., 2022 MT 57 (Mont. 2022). · cites it 13× “” Section 76-2-101, MCA (2017),6 provides “whenever the public interest or convenience may require and upon petition of 60% of the affected real property owners in the proposed district, the board of county commissioners may create a planning and zoning district and appoint a…”
Helena Sand & Gravel, Inc. v. Lewis & Clark Cnty. Plan. & Zoning Comm'n, 2012 MT 272 (Mont. 2012). · cites it 10× “A district may be created in one of two ways—by citizen petition to the board of county commissioners under § 76-2-101, MCA, known as “Part 1 zoning,” or directly by the board of county commissioners under § 76-2-201, MCA, known as “Part 2 zoning.”
Ash Grove Cement Co. v. Jefferson Cnty., 943 P.2d 85 (Mont. 1997). · cites it 8× “Under § 76-2-101, MCA, the county commissioners are authorized to create a planning and zoning district and appoint a zoning commission upon receipt of a petition to create a zoning district signed by sixty percent of the freeholders within the proposed district.”
Williams v. Bd. of Cnty. Commissioners, 2013 MT 243 (Mont. 2013). · cites it 4× “We therefore conclude that the District Court did not abuse its discretion in denying Landowners’ motion to dismiss Williams’ complaint. ¶36 Did the District Court err in determining that § 76-2-205(6), MCA, was an unconstitutional delegation of legislative power? ¶37 In…”
Yurczyk v. Yellowstone Cnty., 2004 MT 3 (Mont. 2004). · cites it 8× “Under § 76-2-101, MCA (1993), the Board is "authorized to create a planning and zoning district and appoint a zoning commission," Ash Grove Cement Co.”
Petty v. Flathead Cnty. Bd. of Cnty. Commissioners, 754 P.2d 496 (Mont. 1988). · cites it 10× “Petty: (1) For a proper exercise of the police power in the act of zoning, must the enabling legislation be strictly followed? *431 (2) At the time of creation of a planning and zoning district, must the area to be included in the district be defined and described? (3) Must a…”
Bridger Canyon Prop. Owners' Ass'n v. Plan. & Zoning Comm'n for the Bridger Canyon Zoning Dist., 890 P.2d 1268 (Mont. 1995). · cites it 7× “*168 The crucial question is — of what importance is the General Plan and what part does it play in the development of the Bridger Canyon Zoning District? The Zoning Ordinance states that “[p]ursuant to Section 76-2-101 et. seq. of the Revised Codes of Montana there is hereby…”
Motta v. Granite Cnty. Commissioners, 2013 MT 172 (Mont. 2013). · cites it 3× “¶12 As he did in the District Court, Motta complains that the Georgetown Lake zoning is illegal because it was not preceded by a petition signed by sixty per cent of the affected property owners, as required under § 76-2-101, MCA. Motta claims that, in the Granite County Growth…”
Martinell v. Bd. of Cnty. Commissioners, 2016 MT 136 (Mont. 2016). · cites it 42× “After the Board of Carbon County Commissioners denied the Appellants’ petition to create a zoning district pursuant to § 76-2-101, MCA, et seq., they filed a declaratory action, requesting a judgment declaring that the “protest provision” included in the statute is…”
Kent v. City of Columbia Falls, 2015 MT 139 (Mont. 2015). · cites it 2× “See generally § 76-2-101 through -340, MCA. A private actor does not undertake land use regulation, so there is no principle of law applying generally to both the government and private actors that imposes a legal duty on the government during land use regulation.”
State v. B. Tollie, 2022 MT 57 (Mont. 2022). · cites it 13× “” Section 76-2-101, MCA (2017),6 provides “whenever the public interest or convenience may require and upon petition of 60% of the affected real property owners in the proposed district, the board of county commissioners may create a planning and zoning district and appoint a…”
Show all 14 citing cases →
Mont. Code Ann. § 76-2-101(1): 4 cases
Egan Slough v. Flathead Cnty., 2022 MT 57 (Mont. 2022). “” Section 76-2-101, MCA (2017),6 provides “whenever the public interest or convenience may require and upon petition of 60% of the affected real property owners in the proposed district, the board of county commissioners may create a planning and zoning district and appoint a…”
State v. B. Tollie, 2022 MT 57 (Mont. 2022). “” Section 76-2-101, MCA (2017),6 provides “whenever the public interest or convenience may require and upon petition of 60% of the affected real property owners in the proposed district, the board of county commissioners may create a planning and zoning district and appoint a…”
Martinell v. Bd. of Cnty. Commissioners, 2016 MT 136 (Mont. 2016). “After the Board of Carbon County Commissioners denied the Appellants’ petition to create a zoning district pursuant to § 76-2-101, MCA, et seq., they filed a declaratory action, requesting a judgment declaring that the “protest provision” included in the statute is…”
Treasure Cnty. v. Edlund, 2026 MT 134 (Mont. 2026).
Mont. Code Ann. § 76-2-101(3): 2 cases
Egan Slough v. Flathead Cnty., 2022 MT 57 (Mont. 2022). “” Section 76-2-101, MCA (2017),6 provides “whenever the public interest or convenience may require and upon petition of 60% of the affected real property owners in the proposed district, the board of county commissioners may create a planning and zoning district and appoint a…”
State v. B. Tollie, 2022 MT 57 (Mont. 2022). “” Section 76-2-101, MCA (2017),6 provides “whenever the public interest or convenience may require and upon petition of 60% of the affected real property owners in the proposed district, the board of county commissioners may create a planning and zoning district and appoint a…”
Mont. Code Ann. § 76-2-101(5): 1 case
Martinell v. Bd. of Cnty. Commissioners, 2016 MT 136 (Mont. 2016). “After the Board of Carbon County Commissioners denied the Appellants’ petition to create a zoning district pursuant to § 76-2-101, MCA, et seq., they filed a declaratory action, requesting a judgment declaring that the “protest provision” included in the statute is…”
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