HELENA – The Montana Legislature made some big changes to local zoning laws this year, and cities across the state continue to prepare to implement those changes.
At a meeting on Monday, the Helena City Commission took two big steps toward further implementation of Senate Bill 382 – adopting a new planning commission and a public participation framework.
SB 382, sponsored by Sen. Forrest Mandeville, R-Columbus, was one of the major land use bills passed during the 2023 legislative session. Also known as the Montana Land Use Planning Act, it created a completely updated land use planning process for certain larger cities. Each of these cities will be responsible for creating a new plan and future zoning map – and must appoint a planning commission to review and make recommendations.
The cities have until 2026 to finalise their new regulations.
“We have about two and a half years left, and we’re on track to meet that goal,” said Chris Brink, Helena’s community development director.
SB 382 allows cities to designate one of their existing boards as a planning commission, create a new commission, or share a commission with other local governments. Brink said Helena officials decided it made the most sense to create a new commission.
Initially, the commission will focus on the new zoning plan and map. After Helena finishes those, the city will withdraw from the joint planning board it shares with Lewis and Clark County, and the new commission will take over those responsibilities within the city limits.
“It doesn’t necessarily change the requirements we have to follow – just a different board to administer what we have to do for the Montana Land Use Planning Act,” Brink said.
SB 382 automatically applies to cities with a population of more than 5,000 located in counties with a population of more than 70,000. This currently includes Helena, Billings, Bozeman, Great Falls, Missoula, Kalispell, Columbia Falls, Whitefish, Belgrade and Laurel. Other local governments, including counties, can opt in to the new process.
Roger Baltz, chief administrative officer for Lewis and Clark County, said the county hasn’t moved to comply with SB 382, so after 2026 it will maintain the existing planning commission to handle these responsibilities in unincorporated areas.
SB 382 also requires participating governments to adopt a plan to ensure public participation in land use decisions. Brink said the process established by the law will be substantially different, and that Helena residents will see the biggest changes in how and when they provide input.
“Public participation has to happen at the front end of our process,” he said. “Your opportunity to participate in the approval of projects and developments, which citizens are accustomed to, will now be narrowly focused.”
Brink said the public will be able to have the most impact during the initial preparation of the plan and map, which will begin early next year. Once those are in place, he said, their ability to participate will diminish through the subsequent zoning and subdivision regulation process.
Helena’s new planning commission will initially have three members, and Brink said leaders plan to begin the process of soliciting applications in the coming weeks.