Mont. Code Ann. » TITLE 76. LAND RESOURCES AND USE · CHAPTER 2. PLANNING AND ZONING · Part 3. Municipal Zoning
Montana Code Annotated

Mont. Code Ann. § 76-2-304 (2026)

Criteria And Guidelines For Zoning Regulations

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 2
  4. Part 3
  5. 76-2-304 Criteria and guidelines for zoning regulations

TITLE 76. LAND RESOURCES AND USE

CHAPTER 2. PLANNING AND ZONING

Part 3. Municipal Zoning

Criteria And Guidelines For Zoning Regulations

76-2-304. (Temporary) Criteria and guidelines for zoning regulations. (1) Zoning regulations must be:

(a) made in accordance with a growth policy; and

(b) designed to:

(i) secure safety from fire and other dangers;

(ii) promote public health, public safety, and the general welfare; and

(iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

(2) In the adoption of zoning regulations, the municipal governing body shall consider:

(a) reasonable provision of adequate light and air;

(b) the effect on motorized and nonmotorized transportation systems;

(c) promotion of compatible urban growth;

(d) the character of the district and its peculiar suitability for particular uses; and

(e) conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area.

(3) In a city with a population of at least 5,000 residents, duplex housing must be allowed as a permitted use on a lot where a single-family residence is a permitted use, and zoning regulations that apply to the development or use of duplex housing may not be more restrictive than zoning regulations that are applicable to single-family residences.

(4) (a) In a municipality that is designated as an urban area by the United States census bureau with a population over 5,000 as of the most recent census, the city council or other legislative body of the municipality shall allow as a permitted use multiple-unit dwellings and mixed-use developments that include multiple-unit dwellings on a parcel or lot that:

(i) has a will-serve letter from both a municipal water system and a municipal sewer system; and

(ii) is located in a commercial zone.

(b) Zoning regulations in municipalities meeting the requirements of subsection (4)(a) may not include a requirement to provide more than:

(i) one off-street parking space for each unit and accessible parking spaces as required by the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq.; or

(ii) an equivalent number of spaces required under subsection (4)(b)(i) provided through a shared parking agreement.

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

(a) "Duplex housing" means a parcel or lot with two dwelling units that are designed for residential occupancy by not more than two family units living independently from each other.

(b) "Family unit" means:

(i) a single person living or residing in a dwelling or place of residence; or

(ii) two or more persons living together or residing in the same dwelling or place of residence.

(c) "Mixed-use development" means a development consisting of residential and nonresidential uses in which the nonresidential uses are less than 50% of the total square footage of the development and are limited to the first floor of buildings that are two or more stories.

(d) "Multiple-unit dwelling" means a building designed for five or more dwelling units in which the dwelling units share a common separation like a ceiling or wall and in which access cannot be gained between units through an internal doorway, excluding common hallways.

(e) "Single-family residence" has the meaning provided in 70-24-103.

76-2-304. (Effective October 1, 2026) Criteria and guidelines for zoning regulations. (1) Zoning regulations must be:

(a) made in accordance with a growth policy; and

(b) designed to:

(i) secure safety from fire and other dangers;

(ii) promote public health, public safety, and the general welfare; and

(iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

(2) In the adoption of zoning regulations, the municipal governing body shall consider:

(a) reasonable provision of adequate light and air;

(b) the effect on motorized and nonmotorized transportation systems;

(c) promotion of compatible urban growth;

(d) the character of the district and its peculiar suitability for particular uses; and

(e) conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area.

(3) In a city with a population of at least 5,000 residents, duplex housing must be allowed as a permitted use on a lot where a single-family residence is a permitted use, and zoning regulations that apply to the development or use of duplex housing may not be more restrictive than zoning regulations that are applicable to single-family residences.

(4) (a) In a municipality that is designated as an urban area by the United States census bureau with a population over 5,000 as of the most recent census, the city council or other legislative body of the municipality shall allow as a permitted use multiple-unit dwellings and mixed-use developments that include multiple-unit dwellings on a parcel or lot that:

(i) has a will-serve letter from both a municipal water system and a municipal sewer system; and

(ii) is located in a commercial zone.

(b) Zoning regulations in municipalities meeting the requirements of subsection (4)(a) may not include a requirement to provide:

(i) more than one off-street parking space for each unit and accessible parking spaces as required by the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq.;

(ii) more than an equivalent number of spaces required under subsection (4)(b)(i) provided through a shared parking agreement; or

(iii) a height restriction of less than 60 feet on buildings that are located in downtown commercial, heavy commercial, or industrial zones.

(5) Except to provide accessible parking spaces as required by the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq., zoning regulations may not include provisions that require:

(a) more than one parking space for each residential dwelling unit;

(b) any minimum parking requirement for:

(i) existing buildings, including vacant buildings, undergoing a change of use;

(ii) child-care facilities licensed or registered by the department of public health and human services;

(iii) deed-restricted affordable housing; or

(iv) assisted living facilities; or

(c) more than one-half parking space for each residential unit under 1,200 square feet.

(6) Nothing in this part restricts a property owner, developer, or builder from providing more parking spaces than the minimum number of parking spaces required in zoning regulations adopted under this part.

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

(a) "Duplex housing" means a parcel or lot with two dwelling units that are designed for residential occupancy by not more than two family units living independently from each other.

(b) "Family unit" means:

(i) a single person living or residing in a dwelling or place of residence; or

(ii) two or more persons living together or residing in the same dwelling or place of residence.

(c) "Mixed-use development" means a development consisting of residential and nonresidential uses in which the nonresidential uses are less than 50% of the total square footage of the development and are limited to the first floor of buildings that are two or more stories.

(d) "Multiple-unit dwelling" means a building designed for five or more dwelling units in which the dwelling units share a common separation like a ceiling or wall and in which access cannot be gained between units through an internal doorway, excluding common hallways.

(e) "Single-family residence" has the meaning provided in 70-24-103.

History: En. Sec. 3, Ch. 136, L. 1929; re-en. Sec. 5305.3, R.C.M. 1935; R.C.M. 1947, 11-2703; amd. Sec. 17, Ch. 582, L. 1999; amd. Sec. 6, Ch. 87, L. 2003; amd. Sec. 11, Ch. 446, L. 2009; amd. Sec. 1, Ch. 445, L. 2023; amd. Sec. 1, Ch. 499, L. 2023; amd. Sec. 1, Ch. 591, L. 2025; amd. Sec. 1, Ch. 682, L. 2025.

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1979–2026 · leading case: Cutone v. Anaconda Deer Lodge, 610 P.2d 691 (Mont. 1980).
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Cutone v. Anaconda Deer Lodge, 610 P.2d 691 (Mont. 1980). · cites it 18× “" Section 76-2-304, MCA, as set out below, establishes criteria to be considered by the local government in adopting a zoning ordinance.”
Citizen Advocates for a Livable Missoula, Inc. v. City Council, 2006 MT 47 (Mont. 2006). · cites it 8× “The statutes noted above are somewhat contradictory.”
Heffernan v. Missoula City Council, 2011 MT 91 (Mont. 2011). · cites it 4× “Similarly, §76-2-203, MCA (applicable to counties) and §76-2-304, MCA (applicable to cities) provided that zoning regulations must be made “in accordance with” the growth policy.”
Montana Wildlife Fed'n v. Sager, 620 P.2d 1189 (Mont. 1980). · cites it 9× “Our reversal was based on the failure of the city council to follow the criteria set forth in the municipal zoning section, section 76-2-304, MCA. The logic expressed by the plaintiffs in support of their claim of illegality of the rezoning is that Lowe decided that municipal…”
Lake Cnty. First v. Polson City Council, 2009 MT 322 (Mont. 2009). · cites it 7× “This matter is governed by § 76-2-304, MCA, the municipal zoning statute.”
Schanz v. City of Billings, 597 P.2d 67 (Mont. 1979). · cites it 6× “1947, now section 76-2-304 MCA, and this Court’s decision in Lowe? 3.”
M.A.I.D. LLC v. State, 2024 MT 200 (Mont. 2024). · cites it 4× “SB 323, codified in §§ 76-2-304 and 76-2-309, MCA, provides in relevant part, “In a city with a population of at least 5,000 residents, duplex housing must be allowed as a permitted use on a lot where a single-family residence is a permitted use, and zoning regulations that…”
Sutey Oil Co. v. Anaconda-Deer Lodge Cnty. Plan. Bd., 1998 MT 127 (Mont. 1998). · cites it 14× “Even assuming it were required to secure a special use permit, however, Sutey Oil argues the District Court erred in affirming the Board of Adjustment’s decision in the absence of any evidence that the proposed expansion would materially or adversely impact any of the zoning…”
Little v. Bd. of Cnty. Commissioners, 631 P.2d 1282 (Mont. 1981). · cites it 3× “The significance of the planning board’s role can be better understood in light of the statutory criteria that must be followed in all zoning decisions. Section 76-2-203, MCA, sets out the general objectives of county zoning, and the criteria that must be considered.”
Schendel v. Bd. of Adjustment, 774 P.2d 379 (Mont. 1989). · cites it 6× “" Section 76-2-304(2), MCA, sets forth the fundamental purposes of zoning: (2) Such [zoning] regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to…”
MacK T. Anderson Ins. Agency, Inc. v. City of Belgrade, 803 P.2d 648 (Mont. 1990). · cites it 5× “In examining the validity of the ordinance we note that the purposes of local government zoning regulation in this state is set forth in § 76-2-304, MCA: “(1) Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets;…”
State Ex Rel. Diehl Co. v. City of Helena, 593 P.2d 458 (Mont. 1979). · cites it 6× “1947), and designed to meet the purposes of zoning as set forth in section 76-2-304 MCA (formerly section 11-2703, R.”
Show all 16 citing cases →
— Mont. Code Ann. § 76-2-304(1) — 2 cases
Heffernan v. Missoula City Council, 2011 MT 91 (Mont. 2011). “Similarly, §76-2-203, MCA (applicable to counties) and §76-2-304, MCA (applicable to cities) provided that zoning regulations must be made “in accordance with” the growth policy.”
Cahill v. Columbia Falls, 2023 MT 74N (Mont. 2023).
— Mont. Code Ann. § 76-2-304(1)(a) — 1 case
Cahill v. Columbia Falls, 2023 MT 74N (Mont. 2023).
— Mont. Code Ann. § 76-2-304(2) — 2 cases
Schendel v. Bd. of Adjustment, 774 P.2d 379 (Mont. 1989). “" Section 76-2-304(2), MCA, sets forth the fundamental purposes of zoning: (2) Such [zoning] regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to…”
Lake Cnty. First v. Polson City Council, 2009 MT 322 (Mont. 2009). “This matter is governed by § 76-2-304, MCA, the municipal zoning statute.”
— Mont. Code Ann. § 76-2-304(3) — 2 cases
M.A.I.D. LLC v. State, 2024 MT 200 (Mont. 2024). “SB 323, codified in §§ 76-2-304 and 76-2-309, MCA, provides in relevant part, “In a city with a population of at least 5,000 residents, duplex housing must be allowed as a permitted use on a lot where a single-family residence is a permitted use, and zoning regulations that…”
M.A.I.D. v. State, 2026 MT 53 (Mont. 2026).
— Mont. Code Ann. § 76-2-304(4) — 1 case
M.A.I.D. v. State, 2026 MT 53 (Mont. 2026).
— Mont. Code Ann. § 76-2-304(l)(a) — 1 case
Lake Cnty. First v. Polson City Council, 2009 MT 322 (Mont. 2009). “This matter is governed by § 76-2-304, MCA, the municipal zoning statute.”
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