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

Mont. Code Ann. § 76-2-221 (2026)

Board Of Adjustment

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 2
  4. Part 2
  5. 76-2-221 Board of adjustment

TITLE 76. LAND RESOURCES AND USE

CHAPTER 2. PLANNING AND ZONING

Part 2. County Zoning

Board Of Adjustment

76-2-221. Board of adjustment. (1) The board of county commissioners shall provide for the appointment of a board of adjustment and in the regulations and restrictions adopted pursuant to the authority of this part shall provide that the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the zoning resolution in harmony with its general purposes and intent and in accordance with the general or specific rules of this part.

(2) The board of adjustment shall adopt rules in accordance with the provisions of any resolution adopted pursuant to this part. Meetings of the board of adjustment must be held at the call of the presiding officer and at times that the board may determine. The presiding officer or in the presiding officer's absence the acting presiding officer may administer oaths and compel the attendance of witnesses.

History: En. Sec. 6, Ch. 246, L. 1963; R.C.M. 1947, 16-4706(part); amd. Sec. 2512, Ch. 56, L. 2009.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1980–2026 · leading case: Plains Grains Ltd. P'ship v. Bd. of Cnty. Commissioners, 2010 MT 155, 238 P.3d 332.
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Plains Grains Ltd. P'ship v. Bd. of Cnty. Commissioners, 2010 MT 155, 238 P.3d 332. · cites it 6× “Plains Grains argues that a fundamental difference exists between the administrative procedures involved in obtaining a special use permit and the quasi-legislative process required for a zone change.”
Beasley v. Flathead Cnty. Bd. of Adjustments, 2009 MT 120, 205 P.3d 812. · cites it 2× “¶2 We review the following issues on appeal: ¶3 Did the District Court properly grant the Board’s motion to dismiss? ¶4 Did the District Court properly determine that § 76-2-227, MCA, provided Beasley an adequate remedy? PROCEDURAL AND FACTUAL BACKGROUND ¶5 The Flathead County…”
Little v. Bd. of Cnty. Commissioners, 631 P.2d 1282 (Mont. 1981). “The quasi-judicial power under the zoning laws applicable to counties is reserved to the County Board of Adjustment (sections 76-2-221 through 76-2-228, MCA).”
Foster v. City Com'n of & for City of Bozeman, 614 P.2d 1072 (Mont. 1980). “See sections 76-2-221 through 76-2-228, MCA; and see also, sections 76-2-321 through 76-2-328, MCA.”
Treasure Cnty. v. Edlund, 2026 MT 134. · cites it 2× “” Sections 76-2-221, -222, MCA. The board of adjustment hears and decides appeals concerning alleged errors in zoning enforcement and exceptions to zoning regulations and may grant variances where “a literal enforcement .”
Mont. Code Ann. § 76-2-221(1): 1 case
Treasure Cnty. v. Edlund, 2026 MT 134. “” Sections 76-2-221, -222, MCA. The board of adjustment hears and decides appeals concerning alleged errors in zoning enforcement and exceptions to zoning regulations and may grant variances where “a literal enforcement .”
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.