(as
published in the Western Business Journal, Spring, 2003)
The Rocky Mountain region has experienced rapid population growth over the last decade. Recognizing this demographic trend, the 1999 Montana legislature significantly amended several of its land use statutes in an effort to promote orderly growth and development in the state’s communities. What emerged was Montana’s “growth policy” legislation.
In Montana, local governments, developers and planning boards have historically relied on comprehensive plans to guide growth and development. However, alarmed by the rapid development occurring in several Montana counties, the 1999 legislature revised the statutes relating to local planning and subdivision review. Perhaps one of the most significant amendments requires Montana communities to adopt a compliant “growth policy” before they can enact or substantively revise zoning regulations. Moreover, each growth policy is required to contain specific data. For example, a growth policy is required to contain community goals and objectives, as well as a description of the regulations and policies designed to achieve them.
After significant coordination and public involvement, the City of Billings and Yellowstone County are on the verge of adopting a Growth Policy based on the 1999 legislation. According to the Billings Planning and Community Services Department, the Growth Policy is scheduled for adoption in late May or early June. The current draft of the Growth Policy can be viewed in its entirety by following the link provided at http://ci.billings.mt.us.
Why should Montana business owners be concerned with a new growth policy? After adoption of a compliant growth policy, Billings will be statutorily authorized to implement new land use regulations in order to achieve the goals and objectives described in the Growth Policy. Business owners should be attentive to these new regulations and determine how the regulations will apply, or affect, their company or business plan.
Additionally, business owners should pursue a business plan or expansion with land use regulations in mind. For instance, commercial developers and business owners planning new projects within a highway Entryway/Interchange zoning district should factor in additional costs associated with elevated landscaping and building design standards.
As Billings grows, small and large businesses alike may be confronted with decisions involving local and state land use regulations. Should you require legal needs concerning real estate development, don’t hesitate to call the Moulton Law Firm.
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