Montana Code Annotated

Mont. Code Ann. § 76-2-202 (2026)

Establishment Of Zoning Districts -- Regulations

✓ current as of May 2026

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TITLE 76. LAND RESOURCES AND USE

CHAPTER 2. PLANNING AND ZONING

Part 2. County Zoning

Establishment Of Zoning Districts -- Regulations

76-2-202. Establishment of zoning districts -- regulations. (1) (a) Within the unincorporated portions of a jurisdictional area that has been established under provisions of 76-1-501 through 76-1-503 or 76-1-504 through 76-1-507 and for the purposes provided in 76-2-201, the board of county commissioners may by resolution establish zoning regulations for a part or all of the jurisdictional area or divide the county into zoning districts with zoning regulations that are considered best suited to carry out the purposes of this part. By establishing zoning regulations, the board may regulate the erection, construction, reconstruction, alteration, repair, location, or use of buildings or structures or the use of land, including the creation of zoning districts that allow tiny dwelling units.

(b) An action challenging the creation of a zoning district or adoption of zoning regulations must be commenced within 6 months after the date of the order by the board of county commissioners creating the district or adopting the regulations.

(2) (a) Zoning regulations adopted under this part may not treat manufactured housing or factory-built housing units differently from any other residential units.

(b) In a proceeding for a permit or variance to place manufactured housing or factory-built housing within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home or factory-built home will not adversely affect property values of conventional housing.

(3) The regulations in one district may differ from those in other districts.

(4) As used in this section, the following definitions apply:

(a) "Factory-built housing" means a factory-assembled structure intended for residential use that:

(i) is equipped with the necessary service connections but not made to be readily movable as a unit or units;

(ii) is designed to be used with a permanent foundation; and

(iii) is not certified by the United States department of housing and urban development but meets the inspection requirements of Title 50, chapter 60, part 4.

(b) "Manufactured housing" means a dwelling for a single household, built offsite in a factory, that is in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of its production. A manufactured home does not include a mobile home or housetrailer, as defined in 15-1-101.

(c) (i) "Tiny dwelling unit" means a residential dwelling unit that is 350 to 750 square feet, is on a permanent foundation, and is used as a single-family dwelling for at least 45 days or longer.

(ii) Appendix Q, tiny houses, of the International Building Code as it was printed on January 1, 2023, may govern all other requirements of a tiny dwelling unit that is 350 to 750 square feet.

(5) This section may not be construed to limit conditions imposed in historic districts, local design review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part 2.

History: En. Sec. 3, Ch. 246, L. 1963; amd. Sec. 18, Ch. 273, L. 1971; R.C.M. 1947, 16-4703; (1)(b)En. Sec. 2, Ch. 441, L. 1989; amd. Sec. 1, Ch. 505, L. 1993; amd. Sec. 274, Ch. 42, L. 1997; amd. Sec. 236, Ch. 542, L. 2005; amd. Sec. 123, Ch. 596, L. 2005; amd. Sec. 6, Ch. 446, L. 2009; amd. Sec. 1, Ch. 178, L. 2023; amd. Sec. 2, Ch. 376, L. 2025.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1981–2026 · leading case: Fox Farm Estates Landowners Ass'n v. Kreisch, 947 P.2d 79 (Mont. 1997).

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Fox Farm Estates Landowners Ass'n v. Kreisch, 947 P.2d 79 (Mont. 1997). · cites it 18× “The District Court, however, relied on an additional statute that had not been mentioned in our previous decisions: § 76-2-202, MCA. This section of the code is found in the county zoning portion of Montana Code Annotated and states: (6) As used in this section, "manufactured…”

Williams v. Bd. of Cnty. Commissioners, 2013 MT 243 (Mont. 2013). · cites it 4× “In 15 adopting zoning regulations, the board must consider reasonable provision of adequate light and air, effects of motorized and non-motorized transportation systems, compatible urban growth in the vicinity of cities and towns, the character of the district and its peculiar…”

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…”

Plains Grains Ltd. P'ship v. Bd. of Cnty. Commissioners, 2010 MT 155 (Mont. 2010). · cites it 4× “SME cites specifically to the six-month statute of limitations for challenges to the "creation of a zoning district or adoption of zoning regulations" set forth in § 76-2-202(1)(b), MCA. Plains Grains timely challenged, however, the creation of the 668 acre I-2 zoning district…”

Ash Grove Cement Co. v. Jefferson Cnty., 943 P.2d 85 (Mont. 1997). · cites it 2× “Sections 76-2-202 and 76-2-204, MCA. Zoning regulations must be made in accordance with the master plan and pursuant to express statutory criteria and guidelines.”

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 3× “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…”

Russell v. Flathead Cnty., 2003 MT 8 (Mont. 2003). · cites it 21× “Did the District Court err in concluding that Russell’s challenge to the zoning district pursuant to § 76-2-202, MCA, was barred by the statute of limitations? ¶4 2.”

Grant Creek Heights, Inc. v. Missoula Cnty., 2012 MT 177 (Mont. 2012). · cites it 8× “The court determined that the PUD zoning automatically had reverted to previous zoning designations due to Appellants’ “failure to satisfy the requirements of the Missoula County Zoning Resolution, Section 5.”

Grassy Mountain Ranch Owners' Ass'n v. Gagnon, 2004 MT 245 (Mont. 2004). · cites it 4× “The parties agree that the home is “manufactured housing” as defined by § 76-2-202(6), MCA. ¶4 GMROA brought a cause of action against Gagnon alleging his placement of the home on the lot violates the restrictive covenants pertaining to the subdivision.”

Treasure Cnty. v. Edlund, 2026 MT 134 (Mont. 2026). · cites it 7× “” Section 76-2-202(1)(a), MCA. County-initiated zoning regulations “must be made in accordance with the growth policy” 9 Like with the creation of a citizen-initiated “planning and zoning district” under part 1, “an action challenging the creation of a zoning district or…”

— Mont. Code Ann. § 76-2-202(1)(a) — 1 case

Treasure Cnty. v. Edlund, 2026 MT 134 (Mont. 2026). “” Section 76-2-202(1)(a), MCA. County-initiated zoning regulations “must be made in accordance with the growth policy” 9 Like with the creation of a citizen-initiated “planning and zoning district” under part 1, “an action challenging the creation of a zoning district or…”

— Mont. Code Ann. § 76-2-202(1)(b) — 2 cases

Plains Grains Ltd. P'ship v. Bd. of Cnty. Commissioners, 2010 MT 155 (Mont. 2010). “SME cites specifically to the six-month statute of limitations for challenges to the "creation of a zoning district or adoption of zoning regulations" set forth in § 76-2-202(1)(b), MCA. Plains Grains timely challenged, however, the creation of the 668 acre I-2 zoning district…”

— Mont. Code Ann. § 76-2-202(6) — 2 cases

Fox Farm Estates Landowners Ass'n v. Kreisch, 947 P.2d 79 (Mont. 1997). “The District Court, however, relied on an additional statute that had not been mentioned in our previous decisions: § 76-2-202, MCA. This section of the code is found in the county zoning portion of Montana Code Annotated and states: (6) As used in this section, "manufactured…”

Grassy Mountain Ranch Owners' Ass'n v. Gagnon, 2004 MT 245 (Mont. 2004). “The parties agree that the home is “manufactured housing” as defined by § 76-2-202(6), MCA. ¶4 GMROA brought a cause of action against Gagnon alleging his placement of the home on the lot violates the restrictive covenants pertaining to the subdivision.”

— Mont. Code Ann. § 76-2-202(l)(b) — 3 cases

Russell v. Flathead Cnty., 2003 MT 8 (Mont. 2003). “Did the District Court err in concluding that Russell’s challenge to the zoning district pursuant to § 76-2-202, MCA, was barred by the statute of limitations? ¶4 2.”

Grant Creek Heights, Inc. v. Missoula Cnty., 2012 MT 177 (Mont. 2012). “The court determined that the PUD zoning automatically had reverted to previous zoning designations due to Appellants’ “failure to satisfy the requirements of the Missoula County Zoning Resolution, Section 5.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.