Housing (Zoning)

This bill allows local governments in Montana to cancel agricultural covenants on land that has been annexed into a municipality, enabling the land to be developed without undergoing subdivision review. The law applies specifically to properties that previously received exemptions from subdivision requirements under state agricultural zoning laws. Under the new provisions, a governing body can revoke the covenant if the land is annexed, provided that original lot lines are restored or the land is used for public purposes, though public hearings are required for certain revocations. Sanitary restrictions related to water and waste remain unaffected by this change.

SB 146, the "Private Property Protection Act," would have limited Montana government actions restricting private property use to only those demonstrably necessary for public health or safety. It would allow property owners to challenge restrictions (like zoning rules or fees) in court if they fail to meet strict standards, requiring governments to prove the restriction is the least restrictive option for a compelling public interest. The bill directly affects private property owners and local/state governments by creating a legal process for contesting regulations. However, it died in the legislative process in May 2025 and never became law.