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

Mont. Code Ann. § 76-2-310 (2026)

Extension Of Municipal Zoning And Subdivision Regulations Beyond Municipal Boundaries -- Termination Of Authority For Extension

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 2
  4. Part 3
  5. 76-2-310 Extension of municipal zoning and subdivision regulations beyond municipal boundaries -- termination of authority for extension

TITLE 76. LAND RESOURCES AND USE

CHAPTER 2. PLANNING AND ZONING

Part 3. Municipal Zoning

Extension Of Municipal Zoning And Subdivision Regulations Beyond Municipal Boundaries -- Termination Of Authority For Extension

76-2-310. Extension of municipal zoning and subdivision regulations beyond municipal boundaries -- termination of authority for extension. (1) A city or town council or other legislative body that has adopted a growth policy pursuant to chapter 1 or a land use plan pursuant to chapter 25 for the area to be affected by the regulations may extend the application of its zoning or subdivision regulations beyond its limits in any direction subject to the following limits:

(a) up to 3 miles beyond the limits of a city of the first class as defined in 7-1-4111;

(b) up to 2 miles beyond the limits of a city of the second class; and

(c) up to 1 mile beyond the limits of a city or town of the third class.

(2) (a) The authority granted to a city or town to apply zoning beyond its limits pursuant to subsection (1) is terminated when the county in which the city or town is located adopts zoning regulations for the area pursuant to Title 76, chapter 2.

(b) The authority granted to a city or town to apply its subdivision regulations beyond its limits pursuant to subsection (1) is terminated when the county in which the city or town is located adopts subdivision regulations for the area pursuant to Title 76, chapter 3.

(3) When two or more noncontiguous cities have boundaries so near to one another as to create an area of potential conflict in the event that all cities concerned should exercise the full powers conferred by 76-2-302, 76-2-311, and this section, then the extension of zoning or subdivision regulations, or both, by these cities must terminate at a boundary line agreed upon by the cities.

History: En. Sec. 2, Ch. 136, L. 1929; re-en. Sec. 5305.2, R.C.M. 1935; amd. Sec. 1, Ch. 273, L. 1971; amd. Sec. 1, Ch. 354, L. 1973; R.C.M. 1947, 11-2702(part); amd. Sec. 18, Ch. 582, L. 1999; amd. Sec. 9, Ch. 599, L. 2003; amd. Sec. 4, Ch. 555, L. 2025.

Notes of Decisions
Cited in 5 cases, 1981–2014 · leading case: City of Whitefish v. Bd. of Cnty. Commissioners, 2008 MT 436 (Mont. 2008).
Sort: Relevance Newest Treatment
City of Whitefish v. Bd. of Cnty. Commissioners, 2008 MT 436 (Mont. 2008). · cites it 12× “The City sought a temporary restraining order and preliminary injunction, restraining the County from taking any action to interfere with the City's jurisdiction of the two-mile area, and seeking a declaration that the Agreement remains in effect, and that the Resolution…”
Phillips v. City of Whitefish, 2014 MT 186 (Mont. 2014). · cites it 12× “Section 76-2-310(1), MCA. Likewise, a city may enforce its zoning and subdivision regulations in the extended area only “until the county board adopts a growth policy .”
Little v. Bd. of Cnty. Commissioners, 631 P.2d 1282 (Mont. 1981). · cites it 3× “(See, section 76-2-310(1), MCA.) If the County had not done this, the City would have had certain limited rights to promulgate and enforce its own zoning ordinances outside its actual city boundaries (section 76-2-311, MCA).”
City of Bozeman v. Racicot, 832 P.2d 767 (Mont. 1992). · cites it 6× “Section 76-2-310, MCA, provides in pertinent part: (1) The local city or town council or other legislative body which has adopted a master plan pursuant to chapter 1 may extend the application of its zoning or subdivision regulations, or both, beyond its limits in any direction…”
Harry G. v. Butte Silver Bow Gov't, 641 P.2d 426 (Mont. 1982). · cites it 2× “They do question whether the extension of jurisdictional area pursuant to section 76-1-505, MCA, to four- and-one-half miles beyond the Butte city limits conflicts with section 76-2-310 (2), MCA, limiting extension of municipal zoning to three miles beyond the city limits of…”
Mont. Code Ann. § 76-2-310(1): 2 cases
Phillips v. City of Whitefish, 2014 MT 186 (Mont. 2014). “Section 76-2-310(1), MCA. Likewise, a city may enforce its zoning and subdivision regulations in the extended area only “until the county board adopts a growth policy .”
Little v. Bd. of Cnty. Commissioners, 631 P.2d 1282 (Mont. 1981). “(See, section 76-2-310(1), MCA.) If the County had not done this, the City would have had certain limited rights to promulgate and enforce its own zoning ordinances outside its actual city boundaries (section 76-2-311, MCA).”
Mont. Code Ann. § 76-2-310(1)(b): 1 case
Phillips v. City of Whitefish, 2014 MT 186 (Mont. 2014). “Section 76-2-310(1), MCA. Likewise, a city may enforce its zoning and subdivision regulations in the extended area only “until the county board adopts a growth policy .”
Mont. Code Ann. § 76-2-310(l)(b): 1 case
Phillips v. City of Whitefish, 2014 MT 186 (Mont. 2014). “Section 76-2-310(1), MCA. Likewise, a city may enforce its zoning and subdivision regulations in the extended area only “until the county board adopts a growth policy .”
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.