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

Mont. Code Ann. § 76-2-311 (2026)

Administration Of Regulations In Extended Area

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 2
  4. Part 3
  5. 76-2-311 Administration of regulations in extended area

TITLE 76. LAND RESOURCES AND USE

CHAPTER 2. PLANNING AND ZONING

Part 3. Municipal Zoning

Administration Of Regulations In Extended Area

76-2-311. Administration of regulations in extended area. (1) A city or town council or other legislative body may enforce regulations adopted pursuant to 76-2-310, as if the property were situated within its corporate limits, until the county board adopts a growth policy pursuant to chapter 1 and accompanying zoning or subdivision resolutions that include the area.

(2) As a prerequisite to the exercise of this power, a city-county planning board whose jurisdictional area includes the area to be regulated must be formed or an existing city planning board must be increased to include two representatives from the unincorporated area that is to be affected. These representatives must be appointed by the board of county commissioners. Representation must cease when the county board adopts a growth policy pursuant to chapter 1 and accompanying zoning or subdivision resolutions that include the area.

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. 19, Ch. 582, L. 1999.

Notes of Decisions
Cited in 3 cases, 1981–2014 · leading case: Phillips v. City of Whitefish, 2014 MT 186 (Mont. 2014).
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Phillips v. City of Whitefish, 2014 MT 186 (Mont. 2014). · cites it 10× “Even without the IA in place, the City had the power under § 76-2-311, MCA, to zone in the donut up until the County determined to adopt its own regulations.”
Little v. Bd. of Cnty. Commissioners, 631 P.2d 1282 (Mont. 1981). · cites it 3× “) 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). The important point here is that the City has applied its zoning ordinances to all…”
City of Bozeman v. Racicot, 832 P.2d 767 (Mont. 1992). · cites it 2× “In addition, § 76-2-311, MCA, provides: (1) Any city or town council or other legislative body may thereafter enforce such regulations in the area to the same extent, as if such property were situated within its corporate limits, until the county board adopts a master plan…”
Mont. Code Ann. § 76-2-311(1): 1 case
Phillips v. City of Whitefish, 2014 MT 186 (Mont. 2014). “Even without the IA in place, the City had the power under § 76-2-311, MCA, to zone in the donut up until the County determined to adopt its own regulations.”
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.