Revise land use laws related to manufactured and factory built homes
Summary
SB 252 revises Montana land-use and zoning laws to require counties and municipalities to treat manufactured housing and factory-built housing the same as other residential property. It bars local zoning regulations from discriminating against these housing types and creates a rebuttable presumption that placing a manufactured or factory-built home in a residential district will not harm nearby conventional property values. The bill also adds or clarifies definitions for manufactured housing, factory-built housing, and tiny dwelling units, and it preserves local authority over historic districts, design review standards, and private covenants.
The bill also makes related changes to subdivision and zoning statutes. It limits local governments from imposing certain housing-affordability exactions in zoning regulations, such as fees or land dedications tied to specified income levels or sale prices, and requires local design review determinations to be made by municipal employees rather than outside boards, except for historic preservation review. In addition, it expands the definition of “commercial purpose” for state trust land leases to include mobile home parks and multiple manufactured housing units for lease or rent, allowing those uses on state trust land.
Impact
SB 252 amends several sections of the Montana Code Annotated, including county and municipal zoning provisions, subdivision and land-use definitions, and state trust land leasing rules. Its practical effect is to constrain local governments’ ability to single out manufactured and factory-built housing in zoning decisions, while also opening state trust land leasing to manufactured-housing-related commercial uses. The bill affects local governments, land-use applicants, manufactured-home owners and developers, and the Department of Natural Resources and Conservation’s trust land leasing framework.
Sentiment
The bill appears to have broad support overall, with strong committee and floor votes in both chambers and only a small number of dissenting votes. The vote pattern suggests the Legislature generally viewed the measure as a housing-access and zoning-uniformity bill rather than a controversial overhaul. The lack of committee transcript material limits insight into detailed debate, but the recorded votes indicate the bill was largely favored.
Contention
The main points of contention are likely local control and the extent to which state law should limit municipal and county zoning discretion. The bill expressly prohibits differential treatment of manufactured and factory-built housing, creates a presumption against property-value concerns, and restricts certain affordability-related zoning requirements, which may concern local governments and some neighborhood or property-rights advocates. At the same time, the bill preserves exceptions for historic districts, design review, and covenants, reflecting an effort to balance housing access with local aesthetic and preservation interests.
An act to amend Sections 19969.3, 19971, 19972, 19975.1, 19976.05, and 19993 of, and to add Sections 19970.1 and 19971.1 to, the Health and Safety Code, relating to housing.
Amends and adds to existing law to prohibit certain restrictive covenants against manufactured homes and to revise provisions regarding siting of manufactured homes in residential areas.
An act to amend Sections 19982, 19991, and 19992 of, and to add Sections 19992.1 and 19992.2 to, the Health and Safety Code, relating to housing, and making an appropriation therefor.
A bill for an act relating to alcoholic beverage control by providing for certificates of compliance and the issuance of class "A" wine permits to nonnative wine manufacturers, permitting cities to create social districts for the consumption of alcoholic beverages, and providing fees. (Formerly HF 2355, HSB 581.) Effective date: 07/01/2026.