# Mont. Code Ann. § 76-2-302: 76-2-302 Zoning districts > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-302 ## Section - **Citation:** Mont. Code Ann. § 76-2-302 - **Heading:** 76-2-302 Zoning districts - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-302 ## Text 76-2-302 . Zoning districts. (1) For the purposes of 76-2-301 , the local city or town council or other legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes of this part. Within the districts, it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, including the creation of zoning districts that allow tiny dwelling units. (2) All regulations must be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. (3) (a) Zoning regulations adopted under this part may not treat manufactured housing or factory-built housing units differently from any other residential units. (b) In a proceeding for a permit or variance to place manufactured housing or factory-built housing within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home or factory-built home will not adversely affect property values of conventional housing. (4) As used in this section, the following definitions apply: (a) "Factory-built housing" means a factory-assembled structure intended for residential use that: (i) is equipped with the necessary service connections but not made to be readily movable as a unit or units; (ii) is designed to be used with a permanent foundation; and (iii) is not certified by the United States department of housing and urban development but meets the inspection requirements of Title 50, chapter 60, part 4. (b) "Manufactured housing" means a single-family dwelling, built offsite in a factory, that is in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of its production. A manufactured home does not include a mobile home or housetrailer, as defined in 15-1-101 . (c) (i) "Tiny dwelling unit" means a residential dwelling unit that is 350 to 750 square feet, is on a permanent foundation, and is used as a single-family dwelling for at least 45 days or longer. (ii) Appendix Q, tiny houses, of the International Building Code as it was printed on January 1, 2023, may govern all other requirements of a tiny dwelling unit that is 350 to 750 square feet. (5) This section may not be construed to limit conditions imposed in historic districts, local design review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part 2. Local design review standards imposed by a local government must be clear, objective, and necessary to protect public health or safety or to comply with federal law. (6) Zoning regulations may not include a requirement to: (a) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or (b) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices. (7) A dedication of real property as prohibited in subsection (6)(b) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices. (8) When reviewing an application for a zoning permit or variance from local design review standards, the determination of compliance with local design review standards as provided in subsection (5) must be conducted by employees of the municipality, and the municipality may not require review by an external board. ## Nearby sections - [Mont. Code Ann. § 76-2-301 76-2-301 Municipal zoning authorized](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-301.md) - [Mont. Code Ann. § 76-2-302 76-2-302 Zoning districts](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-302.md) - [Mont. Code Ann. § 76-2-303 76-2-303 Procedure to administer certain annexations and zoning laws -- hearing and notice](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-303.md) - [Mont. Code Ann. § 76-2-304 76-2-304 Criteria and guidelines for zoning regulations](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-304.md) - [Mont. Code Ann. § 76-2-306 76-2-306 Interim zoning ordinances](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-306.md) - [Mont. Code Ann. § 76-2-307 76-2-307 Zoning commission](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-307.md) - [Mont. Code Ann. § 76-2-308 76-2-308 Enforcement and interpretation of zoning regulations and ordinances](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-308.md) - [Mont. Code Ann. § 76-2-309 76-2-309 Conflict with other laws](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-309.md) - [Mont. Code Ann. § 76-2-310 76-2-310 Extension of municipal zoning and subdivision regulations beyond municipal boundaries -- termination of authority for extension](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-310.md) - [Mont. Code Ann. § 76-2-311 76-2-311 Administration of regulations in extended area](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-311.md) - [Mont. Code Ann. § 76-2-312 76-2-312 Exclusion for commission-manager plan municipalities](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-312.md) - [Mont. Code Ann. § 76-2-315 76-2-315 Violations and penalties](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-315.md) - [Mont. Code Ann. § 76-2-316 76-2-316 Continuation of nonconforming uses](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-316.md) - [Mont. Code Ann. § 76-2-321 76-2-321 Board of adjustment](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-321.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-302. Check the current official text before relying on it. Not legal advice.