SB 252: Revise land use laws related to manufactured and factory built homes - Montana

SB0252_3(12).pdf → SB0252_X.pdf · 4 edits

MODERATE

This bill updates Montana's laws to ensure manufactured and factory-built housing are treated the same as traditional homes in zoning decisions. It establishes a legal presumption that placing these homes in residential areas will not lower property values and clarifies definitions to include specific types of factory-assembled structures.

Scope change

The bill expands the scope of protected housing types by explicitly including 'factory-built housing' (non-HUD certified structures meeting state inspection standards) alongside traditional manufactured housing in zoning regulations.

DEFINITION

Updated the definition of 'factory-built housing' to include structures that are not HUD certified but meet state inspection requirements, broadening the category of protected housing.

REQUIREMENT

Added a rebuttable presumption that placing manufactured or factory-built homes in residential zones will not adversely affect property values, shifting the burden of proof to those claiming harm.

Included 'tiny dwelling units' (350-750 sq ft) as an allowable zoning district type, aligning manufactured housing rules with emerging housing trends.

ENFORCEMENT

Clarified that zoning regulations cannot treat manufactured or factory-built housing differently from other residential units, reinforcing equal treatment across all housing types.

SB0252_3(3).pdf → SB0252_3(4).pdf · 5 edits

MODERATE

The bill amends zoning laws to explicitly allow the creation of zoning districts for tiny dwelling units and clarifies definitions for manufactured and factory-built housing. It adds a rebuttable presumption that placing manufactured homes does not lower property values and sets a six-month deadline for legal challenges to new zoning rules.

Scope change

The bill expands the scope of zoning authority to include specific provisions for tiny dwelling units and clarifies how manufactured housing is treated in residential zones.

DEFINITION

Added a specific definition for 'tiny dwelling unit' as a residential unit between 350 and 750 square feet on a permanent foundation.

Revised the definition of 'factory-built housing' to include structures not readily movable as a unit and designed for permanent foundations.

REQUIREMENT

Added a requirement that zoning regulations must allow for tiny dwelling units.

ENFORCEMENT

Established a six-month time limit for filing lawsuits challenging new zoning districts or regulations.

ELIGIBILITY

Created a rebuttable presumption that placing manufactured homes in residential zones will not negatively impact property values.

SB0252_2(17).pdf → SB0252_3.pdf · 4 edits

MODERATE

The bill updates the legal definitions for 'factory-built housing' and 'manufactured housing' to clarify distinctions between mobile homes, factory-assembled structures, and tiny dwelling units. It specifically redefines factory-built housing to exclude units that are readily movable or certified by the federal government, while retaining inspection requirements. The changes aim to standardize how local jurisdictions classify and regulate these different types of residential structures.

Scope change

The bill's scope remains focused on regulating construction types and zoning districts, but the applicability of these regulations is refined by narrowing the definition of factory-built housing to exclude federally certified mobile homes.

DEFINITION

The definition of 'factory-built housing' was changed from a general factory-built building to a 'factory-assembled structure' that is not readily movable and is not certified by the U.S. Department of Housing and Urban Development.

The definition of 'manufactured housing' was updated to explicitly state that it does not include mobile homes or house trailers as defined in state law.

The definition of 'tiny dwelling unit' was restructured to clearly specify the square footage range (350 to 750 sq ft), the requirement for a permanent foundation, and the minimum usage duration of 45 days.

REQUIREMENT

Zoning regulations were amended to ensure they treat manufactured housing and factory-built housing units consistently with other residential units, preventing discrimination based on construction type.

SB0252_1(5).pdf → SB0252_2.pdf · 4 edits

MODERATE

The bill was renumbered from SB 252 to SB0252.2 and expanded its scope to include county zoning regulations in addition to municipal ones. The most significant substantive change is the addition of a rebuttable presumption that placing manufactured or factory-built housing in residential districts will not adversely affect property values, shifting the burden of proof to those claiming harm. The bill also clarifies definitions for factory-built housing and tiny dwelling units.

Scope change

The bill's applicability was expanded from just municipalities to include both municipalities and counties.

SCOPE

Expanded the requirement for equal treatment of manufactured and factory-built housing to apply to both municipal and county zoning regulations, whereas the original version only mentioned municipalities.

REQUIREMENT

Added a new rebuttable presumption stating that placing manufactured or factory-built homes in residential zones will not negatively impact property values, requiring opponents to prove adverse effects.

DEFINITION

Reorganized and clarified the definitions section to explicitly define 'factory-built housing' and 'manufactured housing' separately, and retained the definition for 'tiny dwelling unit'.

TECHNICAL

The bill number was updated from SB 252 to SB0252.2, and page headers were adjusted to reflect the new version.

LC1861.pdf → SB0252_1.pdf · 6 edits

MODERATE

This bill renumbers the legislation from LC 1861 to SB 252 and updates the bill title to explicitly include manufactured housing as an allowable commercial purpose in state trust land leases. It amends zoning laws to ensure manufactured and factory-built housing are treated the same as other residential units, establishes a rebuttable presumption that such housing will not lower property values, and adds specific definitions for 'tiny dwelling units' (350-750 sq ft). The changes aim to reduce regulatory barriers and clarify legal protections for alternative housing types.

Scope change

The bill's scope expanded to explicitly include manufactured housing as an allowable commercial purpose in state trust land leases, whereas the original version did not mention this specific application.

SCOPE

Added manufactured housing as an allowable commercial purpose in state trust land leases.

REQUIREMENT

Mandated that zoning regulations treat manufactured and factory-built housing units the same as any other residential units.

Prohibited zoning regulations from requiring fees or dedicating land specifically to provide housing for specified income levels or at specified sale prices.

ENFORCEMENT

Created a rebuttable presumption that placing manufactured or factory-built homes in residential zones will not adversely affect property values.

DEFINITION

Defined 'tiny dwelling units' as residential units between 350 and 750 square feet on a permanent foundation used for at least 45 days.

Clarified that 'manufactured housing' excludes mobile homes and house trailers.

Revise land use laws related to manufactured and factory built homes

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