Didn't come up with the same planning board results

I read Ron Olfert’s letter in the May 1st Ledger and, after reading what Ron wrote, decided to read Title 76 of Montana Code Annotated. I find it strange that I did not come away with the same understanding of a growth policy that Ron presented in his letter. For instance, Ron states “… a growth policy must be implemented. The implementation document is the zoning law …”   76.1.601(3)(f) states a growth policy must include an implementation strategy that includes: (i) a timetable for implementing the growth policy; (ii) a list of conditions that will lead to the revision of the growth policy; and (iii) a timetable for reviewing the growth policy at least once every five years and revising the policy if necessary. But 76-1-601(2) states: “The extent to which a growth policy addresses the elements listed in subsection (3) is at the full discretion of the governing body.” This means (3)(f), the implementation strategy, doesn’t have to be considered by the governing body.

And I haven’t read anything about zoning yet. I’m not a lawyer, but nowhere in this portion of MCA (76-1-601) does it refer to, or dictate, zoning.

So, I called my lawyer. Paid good bucks to find out I can read, and understand what I’ve read.

Well, that got me going, so I read the other chapters of Title 76. 76-1-602 deals with public hearings on a proposed growth policy. Straight forward, easy to understand, us public people get to voice our opinion on the proposed document.

76-1-603 deals with the planning board and how it may, or may not, adopt a growth policy. Wait a minute, not adopt a growth policy? Funny, I got the impression reading Ron’s letter that if we seat a planning board, we’re stuck with a growth plan. But there it is in black and white; the planning board may recommend the growth plan not be adopted.

Then 71-1-604 lays out how the governing body may adopt, modify or reject the growth policy as presented by the planning board. Saints alive, the governing body has the power to reject the growth plan. Who’d of thunk it? And this portion of Title 76 gives we citizens the right to use the initiative or referendum process to accept, modify or reject the growth plan if we don’t agree with what the governing body has done.

76-1-605 addresses the use of the growth policy. And this is the first time in Title 76 that I’ve come across the word zoning.  Specifically 76-1-605(1) states the governing body “must be guided by and give consideration to the general policy and pattern of development set out in the growth policy (c) in the adoption of zoning ordinances or resolutions.” Again, I read this as the governing body may adopt zoning, not shall. So, back to my attorney. More dollars and damn, I can still read and comprehend.

The final part of Title 76, 76-1-606 deals with the effect of a growth plan on subdivision regulations. Nothing earth-shaking here; just says if you’ve got an approved growth plan, then subdivision regulations must reflect the growth policy.

The bottom line of this whole experience, besides giving my lawyer an unexpected financial boost, was to discover that establishment of a planning board does not mean we’ve got to have zoning. Title 76 gives the local governing authority a lot of leeway regarding planning boards, growth plans, and the control of growth, and that control doesn’t have to be zoning.

Michael L. Hashisaki

Plains