Montana Code Annotated

Mont. Code Ann. § 76-2-201 (2026)

County Zoning Authorized

✓ current as of May 2026

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TITLE 76. LAND RESOURCES AND USE

CHAPTER 2. PLANNING AND ZONING

Part 2. County Zoning

County Zoning Authorized

76-2-201. County zoning authorized. (1) For the purpose of promoting the public health, safety, morals, and general welfare, a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations for all or parts of the jurisdictional area in accordance with the provisions of this part.

(2) For the purpose of promoting the public health, safety, morals, and general welfare, a board of county commissioners that adopted a master plan pursuant to Title 76, chapter 1, before October 1, 1999, may, until October 1, 2006, adopt or revise zoning regulations that are consistent with the master plan.

History: En. Sec. 1, Ch. 246, L. 1963; R.C.M. 1947, 16-4701; amd. Sec. 14, Ch. 582, L. 1999; amd. Sec. 2, Ch. 87, L. 2003; amd. Sec. 8, Ch. 599, L. 2003.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1979–2026 · leading case: Williams v. Bd. of Cnty. Commissioners, 2013 MT 243 (Mont. 2013).

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Williams v. Bd. of Cnty. Commissioners, 2013 MT 243 (Mont. 2013). · cites it 18× “¶36 Did the District Court err in determining that § 76-2-205(6), MCA, was an unconstitutional delegation of legislative power? ¶37 In Montana, the establishment of local zoning districts is governed by statute.”

Allen v. Flathead Cnty., 601 P.2d 399 (Mont. 1979). · cites it 42× “This is a motion for declaratory judgment against respondents, Flathead County and its Board of County Commissioners, to have the Lower Valley Zoning District and its zoning regulations declared invalid because of an alleged noncompliance with zoning enabling legislation under…”

Motta v. Granite Cnty. Commissioners, 2013 MT 172 (Mont. 2013). · cites it 9× “¶14 Section 76-2-201, MCA, provides in part: (1) For the purpose of promoting the public health, safety, morals, and general welfare, a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations for all or parts…”

Ash Grove Cement Co. v. Jefferson Cnty., 943 P.2d 85 (Mont. 1997). · cites it 8× “It contends, however, that the LVP is a planning document adopted as an amendment to the Master Plan, rather than a zoning document, and, therefore, that the statutes governing zoning are irrelevant and inapplicable. The establishment of zoning districts is governed by statute…”

Gateway Opencut Mining Action Grp. v. Bd. of Cnty. Commissioners, 2011 MT 198 (Mont. 2011). · cites it 6× “It may be extended by the county commissioners for no more than one additional year. Section 76-2-206, MCA. The statute allowing counties to adopt such districts and boundaries sets forth the necessary procedures and provides for notice to and comment by the public.”

Little v. Bd. of Cnty. Commissioners, 631 P.2d 1282 (Mont. 1981). · cites it 6× “In fact, the unmistakable message of these statutes is that if no comprehensive plan (master plan) has been adopted (section 76-2-201, MCA), and if no jurisdictional area has been created after the adoption of the master plan (section 76-2-202, MCA), the counties are without…”

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 6× “In fact, the unmistakable message of these statutes is that if no comprehensive plan (master plan) has been adopted (section 76-2-201, MCA), and if no jurisdictional area has been created after the adoption of the master plan (section 76-2-202, MCA), the counties are without…”

Helena Sand & Gravel, Inc. v. Lewis & Clark Cnty. Plan. & Zoning Comm'n, 2012 MT 272 (Mont. 2012). · cites it 4× “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.”

Englin v. Bd. of Cnty. Commissioners, 2002 MT 115 (Mont. 2002). · cites it 3× “” Section 76-2-203(1), MCA, provides that zoning regulations must be made: in accordance with the growth policy and must be designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote public health and general welfare; to…”

Heffernan v. Missoula City Council, 2011 MT 91 (Mont. 2011). “See generally Title 76, chapter 1, parts 1 and 6, MCA; see also §§ 76-2-201, -203, -204, -205, -303, -304, -310, MCA; §§ 76-3-509, - 608, -621, MCA.”

Citizens for a Better Flathead v. Bd. of Cnty. Commissioners, 2016 MT 325 (Mont. 2016). “Sections 76-2-201 to -205, MCA. Section 76-2-205(2), MCA, requires that, following *526 notice of a public hearing on any proposed zoning, the “commissioners shall give the public an opportunity to be heard regarding the proposed zoning district and regulations.”

Petty v. Flathead Cnty. Bd. of Cnty. Commissioners, 754 P.2d 496 (Mont. 1988). · cites it 3× “Petty cites cases decided under another statute, Section 76-2-201, MCA. According to Mr. Petty, this statute requires the establishment of an actual jurisdictional area prior to adoption of zoning regulations.”

Show all 17 citing cases →

— Mont. Code Ann. § 76-2-201(1) — 1 case

Treasure Cnty. v. Edlund, 2026 MT 134 (Mont. 2026).

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