SB528

At least one ADU must be allowed, and some poison pills are forbidden

State: Montana

Status: Enacted ✅

Formal Title: AN ACT REVISING MUNICIPAL ZONING LAWS TO ALLOW FOR ACCESSORY DWELLING UNITS; REQUIRING MUNICIPALITIES TO ADOPT CERTAIN REGULATIONS IN RELATION TO ACCESSORY DWELLING UNITS; PROHIBITING CERTAIN REGULATIONS IN RELATION TO ACCESSORY DWELLING UNITS; ALLOWING A MUNICIPALITY TO CHARGE A FEE TO REVIEW APPLICATIONS TO CREATE ACCESSORY DWELLING UNITS; AND PROVIDING A DELAYED EFFECTIVE DATE.

Summary: Revises municipal zoning laws in Montana to support the development of accessory dwelling units (ADUs) by requiring municipalities to permit at least one ADU per lot with a single-family dwelling. It limits ADU size to 75% of the primary residence's gross floor area or 1,000 square feet, whichever is less, and prohibits municipalities from imposing additional parking requirements, matching exterior designs, ownership occupancy requirements, impact fees, and more restrictive development standards than those for the primary dwelling. Municipalities may charge up to $250 for ADU application reviews but cannot enforce non-compliant regulations after January 1, 2024.

Main sponsors: Greg Hertz

Legislative text: http://leg.mt.gov/bills/2023/billpdf/SB0528.pdf