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Bill > HB802


MT HB802

Revise zoning laws related to the rental of a primary residence


summary

Introduced
02/26/2025
In Committee
02/26/2025
Crossed Over
Passed
Dead
05/20/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT REVISING ZONING LAWS; PROVIDING THAT THE RENTAL OF PRIMARY RESIDENCES IS A PERMISSIBLE USE IN COUNTY AND MUNICIPAL ZONING REGULATIONS; AMING SECTION 76-25-303, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE, A RETROACTIVE APPLICABILITY DATE, AND AN APPLICABILITY DATE.”

AI Summary

This bill revises zoning laws to ensure that local governments cannot prohibit property owners from renting out certain types of residential properties. Specifically, the bill prevents zoning regulations from banning short-term rentals of a property owner's primary residence, accessory dwelling units (such as a guest house or converted garage), or properties that share a boundary with the owner's primary residence. A "primary residence" is defined as a dwelling where the owner can prove they live at least 183 days per year, and "short-term rental" is defined according to existing state tax law. The bill applies retroactively to existing zoning regulations and will take effect immediately upon passage. This legislation aims to provide property owners with more flexibility in using their residential properties for rental purposes, potentially helping homeowners generate additional income and increasing housing availability, while preventing local zoning ordinances from overly restricting rental uses.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

(H) Died in Process (on 05/20/2025)

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