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

Mont. Code Ann. § 76-2-209 (2026)

Effect On Natural Resources

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 2
  4. Part 2
  5. 76-2-209 Effect on natural resources

TITLE 76. LAND RESOURCES AND USE

CHAPTER 2. PLANNING AND ZONING

Part 2. County Zoning

Effect On Natural Resources

76-2-209. Effect on natural resources. (1) Except as provided in 82-4-431, 82-4-432, and subsection (2) of this section, a resolution or rule adopted pursuant to the provisions of this part, except 76-2-206, may not prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources by the owner of any mineral, forest, or agricultural resource.

(2) The complete use, development, or recovery of a mineral by an operation that mines sand and gravel or an operation that mixes concrete or batches asphalt may be reasonably conditioned or prohibited on a site that is located within a geographic area zoned as residential, as defined by the board of county commissioners and in effect prior to the filing of a permit application or at the time a written request is received for a preapplication meeting pursuant to 82-4-432.

(3) Zoning regulations adopted under this chapter and in effect prior to the filing of a permit application or at the time a written request is received for a preapplication meeting pursuant to 82-4-432 may reasonably condition, but not prohibit, the complete use, development, or recovery of a mineral by an operation that mines sand and gravel and may condition an operation that mixes concrete or batches asphalt in all zones other than residential.

History: En. Sec. 10, Ch. 246, L. 1963; R.C.M. 1947, 16-4710; amd. Sec. 2, Ch. 408, L. 1991; amd. Sec. 1, Ch. 340, L. 2005; amd. Sec. 1, Ch. 545, L. 2021.

Notes of Decisions
Cited in 4 cases, 1985–2013 · leading case: Flathead Citizens for Quality Growth, Inc. v. Flathead Cnty. Bd. of Adjustment, 2008 MT 1, 175 P.3d 282.
Sort: Relevance Newest Treatment
Flathead Citizens for Quality Growth, Inc. v. Flathead Cnty. Bd. of Adjustment, 2008 MT 1, 175 P.3d 282. · cites it 42× “Proponents of the operation argued that the District was not zoned “residential” and that § 76-2-209, MCA, 1 prevented the Board from denying or limiting Tutvedt’s CUP.”
Merlin Myers Revocable Trust v. Yellowstone Cnty., 2002 MT 201, 53 P.3d 1268. · cites it 38× “Significantly, the County Commissioners do not dispute that the denial of the application was contrary to the provisions of § 76-2-209, MCA. However, the Commissioners maintain that the Title 82 statutes support their position.”
Williams v. Bd. of Cnty. Commissioners, 2013 MT 243, 308 P.3d 88. · cites it 4× “See § 82-4-431, MCA (providing limited exemptions from state permitting requirements for mining, processing and reclamation); see also § 76-2-209, MCA (authorizing reasonable conditions or prohibitions against sand and gravel mining operations in areas zoned as residential, and…”
Missoula Cnty. v. Am. Asphalt, Inc., 701 P.2d 990 (Mont. 1985). · cites it 6× “sented for review are: (1) Did the District Court properly interpret sections 76-1-113 and 76-2-209, MCA, to exempt American Asphalt’s gravel operations from Missoula County zoning and planning regulations? (2) Did the District Court correctly find that the activities of…”
Mont. Code Ann. § 76-2-209(2): 2 cases
Flathead Citizens for Quality Growth, Inc. v. Flathead Cnty. Bd. of Adjustment, 2008 MT 1, 175 P.3d 282. “Proponents of the operation argued that the District was not zoned “residential” and that § 76-2-209, MCA, 1 prevented the Board from denying or limiting Tutvedt’s CUP.”
Merlin Myers Revocable Trust v. Yellowstone Cnty., 2002 MT 201, 53 P.3d 1268. “Significantly, the County Commissioners do not dispute that the denial of the application was contrary to the provisions of § 76-2-209, MCA. However, the Commissioners maintain that the Title 82 statutes support their position.”
Mont. Code Ann. § 76-2-209(3): 1 case
Flathead Citizens for Quality Growth, Inc. v. Flathead Cnty. Bd. of Adjustment, 2008 MT 1, 175 P.3d 282. “Proponents of the operation argued that the District was not zoned “residential” and that § 76-2-209, MCA, 1 prevented the Board from denying or limiting Tutvedt’s CUP.”
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.