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Airport

Airport Appeals Board

The complete municipal airport board statutes are available in Montana Code Annotated 67-7-302.

Creation and Purpose

The governing body that designated the airport affected area shall act as an airport appeals board or appoint an airport appeals board that functions in the same manner as a board of adjustment provided for in Title 76, chapter 2.

Membership

If the governing body appoints an airport appeals board, the board must have at least three members (67-7-302).

Authority

If a governing body has appointed a board of adjustment under the provisions of 76-2-221 through 76-2-228 or 76-2-321 through 76-2-328, the governing body may designate the members of that board as the airport appeals board, in which case the terms of the members for the purposes of this chapter are concurrent with their terms as members of the board of adjustment.

Funding

If a governing body has appointed a board of adjustment under the provisions of 76-2-221 through 76-2-228 or 76-2-321 through 76-2-328, the governing body may designate the members of that board as the airport appeals board, in which case the terms of the members for the purposes of this chapter are concurrent with their terms as members of the board of adjustment.

Airport Board

The complete airport board statutes are available in Montana Code Annotated 67-10-202.

Creation and Purpose

The county, city, or town, acting individually or acting jointly as authorized by 67-10-102, having established an airport and acquired property for that purpose, may construct, improve, equip, maintain, and operate the airport. (67-10-202). The joint board may plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard to be jointly acquired, controlled, and operated (67-10-205). It should be noted that for airport statutes, the definition of municipality includes counties; see 67-1-101 for more information.

Membership

Residents of the city or county serve as board members (67-10-202). Public agencies acting jointly pursuant to 67-10-204 through 67-10-206 shall create a joint board that must consist of members appointed by the governing body of each participating public agency. The number of members to be appointed and their terms must be provided for in the joint agreement (67-10-205).

Authority

The board may adopt rules and establish fees or charges for the use of the airport upon the approval of the appointing power before they may take effect (67-10-202). A joint board shall organize, select officers for terms to be fixed by the agreement, and from time to time adopt and amend rules for its own procedure (67-10-205).

Funding

The airport board, upon approval from the governing authorities, may adopt rules and charge fees for the use of the airport. Any construction, improvement, equipment, maintenance, and operation expenses are paid by the governing bodies (67-10-202). Governing authorities may levy a tax upon the taxable property of the county for airports and issue bonds upon voter approval (67-10-402). A joint fund shall be created and maintained into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Each of the constituent public agencies shall provide its share of the fund from sources available to each. Any federal, state, or other contributions or loans and the revenues obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from such fund shall be made by order of the board, subject to the limitations prescribed in 67-10-205(2)(67-10-206).

Municipal Airport Authority

The complete municipal airport authority statutes are available in Montana Code Annotated (67-11-102).

Creation and Purpose

Any municipality may, by resolution of its governing body, create a public body, corporate and politic, to be known as a municipal airport authority (67-11-102).

Membership

The governing body of the municipality shall, pursuant to the resolution, appoint not less than five persons as commissioners of the authority. The commissioners who are first appointed shall be designated to serve for terms of 1, 2, 3, 4, and 5 years, respectively, but thereafter each commissioner shall be appointed for a term of 5 years, except that vacancies occurring otherwise than by expiration of the term shall be filled for the unexpired term by the governing body (67-11-102).

Authority

The municipal airport authority shall be authorized to exercise its functions upon the appointment and qualification of the first commissioners thereof; or the governing body may by resolution determine to exercise any or all powers granted to such authorities in this chapter until or unless such powers are or have been conferred upon a municipal or regional airport authority (67-11-102).

Funding

The airport authority may certify annually to the governing bodies the amount of tax requested to be levied by each municipality participating in the creation of the airport authority, and subject to 15-10-420, the municipality shall levy the amount certified, pursuant to provisions of law authorizing cities and other political subdivisions of this state to levy taxes for airport purposes. The levy may not exceed the maximum levy that may have been established by the municipality or municipalities in the resolution creating the authority (67-11-301). Subject to 15-10-420, in counties supporting airports or airport authorities, a county tax levy as provided for in 67-10-402 may be made for airport authority purposes (67-11-302).

Regional Airport Authority

The complete regional airport authority statutes are available in Montana Code Annotated (67-11-103).

Creation and Purpose

Two or more municipalities may by joint resolution create a public body, corporate and politic, to be known as a regional airport authority (67-11-103).

Membership

The resolution creating a regional airport authority must create a board of not less than five commissioners; the number to be appointed, their term and compensation, if any, must be provided for in the resolution (67-11-103).

Authority

Each regional airport authority shall organize, select officers for terms to be fixed by agreement, and adopt and amend from time to time rules for its own procedure consistent with 67-11-104 (67-11-103).

Funding

The airport authority may certify annually to the governing bodies the amount of tax requested to be levied by each municipality participating in the creation of the airport authority, and subject to 15-10-420, the municipality shall levy the amount certified, pursuant to provisions of law authorizing cities and other levy that may have been established by the municipality or municipalities in the resolution creating the authority (67-11-301). Subject to 15-10-420, in counties supporting airports or airport authorities, a county tax levy as provided for in 67-10-402 may be made for airport authority purposes (67-11-302).

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Economic Development / Infrastructure

Business Improvement Districts

The complete business improvement district statutes are available in Montana Code Annotated 7-12-1101.

Creation and Purpose

Business improvement districts are created by the governing authority on petition of 60% of the property owners (within the proposed district area), after the passage of a resolution of intent, public hearing and passage of a resolution of creation (7-12-1111, 1112, 1114, 1115). Business improvement districts promote the health, safety, prosperity, security, and general welfare of the inhabitants of the district. The members (called trustees) also aid in tourism, promotion, and marketing within the district (7-12-1102).

Membership

A board of trustees, appointed by the governing authority, governs the district. The board must be made of at least five and not more than seven property owners from within the district. Each trustee serves a four-year term (7-12-1121).

Authority

The resolution of creation details the functions to be carried out by the trustees. Trustees have the authority to promote business activity and private investment and can contract with the governing authority to maintain, operate, and repair parking garages, streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities. The business improvement district may also beautify public areas and provide police, maintenance, and cleaning personnel for public areas (7-12-1131).

Funding

Trustees provide the governing authority with an annual operating budget and the amount of tax to be assessed. Any debts incurred by the district may be paid only out of the district funds and consequently county funds may not be used (7-12-1133, 1144).

Rural Improvement Districts

The complete rural improvement districts statutes are available in Montana Code Annotated 7-12-2101.

Creation and Purpose

Whenever the public interest or convenience may require, the governing authorities may order and create special improvement districts outside of the limits of incorporated towns and cities for the purpose of building, constructing, or acquiring by purchase one or more of the improvements of the kind described in 7-12-4102, in or for the benefit of the special improvement district (7-12-2102). There are special provisions within rural improvement districts for districts for lighting (7-12-2201) and sanitary and storm sewers (7-12-2301).

Membership

If a rural improvement district includes areas in more than one county, the board of county commissioners of each county in which any portion of the district is situated shall, upon creation of the district and at a joint session, appoint an initial board of three trustees to administer the affairs of the district. At the end of the term of a trustee, the board of county commissioners of the county represented by the trustee shall appoint a new trustee. In case of a vacancy by death, resignation, removal from the district, or otherwise, a trustee shall be appointed by the board of county commissioners of the county represented by the trustee to fill the vacancy. At least one trustee shall be appointed from each county within the district (7-12-2121)

The county surveyor may be the engineer, as defined in 7-12-2101(6), for a rural improvement district (7-12-2116). It shall be the duty of the county clerk to prepare all necessary schedules and resolutions levying the taxes and assessments in such special improvement district (7-12-2118).

Authority

The board of trustees of a rural improvement district shall have all the powers and duties with respect to such district as the board of county commissioners has with respect to a district including the area of only one county (7-12-2123). Before ordering any of the proposed improvements, the trustees shall pass a resolution creating the special improvement district in accordance with the resolution of intention that is introduced and passed by the board (7-12-2113).

Whenever sanitary or storm sewers, lights or light systems, waterworks plants, water systems, sidewalks, or any other special improvements petitioned for or created by the state or federal government have been made, built, constructed, erected, or accomplished as provided in this part, the board of county commissioners under whose jurisdiction the district was created or supervised or directed shall adequately and suitably maintain and preserve the improvements and keep those improvements in proper repair and operation, by contract or otherwise (7-12-2120).

Funding

All demands for incidental expenses in 7-12-2101(7), except for the administrative fee of the county and interest payable on warrants or bonds of the district, shall be presented to the county clerk by itemized bill, duly verified by oath of the demandant (7-12-2119). The whole cost of maintaining, preserving, and repairing improvements in any improvement district may, in the discretion of the board, be paid by assessing the entire district in the method provided for by 7-12-2108 (7-12-2120).

Special Improvement Districts

The complete special improvement district statutes are available in Montana Code Annotated 7-12-4101 and 7-12-4201. Subject to the powers granted and the limitations contained in this part, the powers and duties of the municipality and the procedure to be followed are as provided in parts 41 through 44 of chapter 12 for other types of special improvement district.

Creation and Purpose

Whenever the public interest or convenience requires, the city council may create special improvement districts for acquiring by purchase, building, constructing, or maintaining devices intended to protect the safety of the public from open ditches carrying irrigation or other water; for acquiring by purchase or building and constructing municipal swimming pools and other recreation facilities; and order the whole or a portion, either in length or width, of one or more of the streets, avenues, alleys, or places or public ways of the city (7-12-4102). There are special provisions within special improvement districts for lighting districts (7-12-4301), street maintenance districts (7-12-4401), and street parking districts (7-12-4501).

Membership

The governing body serves as the authority over the district. A joint resolution of the city and county must be passed agreeing to the terms of the special improvement district prior to passing the resolution of intention or the resolution creating the special improvement district. A copy of the resolution of intention and the resolution creating the special improvement district must be provided to the county commissioners upon the passage of the respective resolutions. In all those cities where there is no city engineer, the city council is hereby authorized and empowered to appoint a suitable person to discharge the duties laid down as those of the city engineer in this part, and all provisions of this part applicable to the city engineer shall apply to such person so appointed (7-12-4119).

Authority

The city or town council may create special improvement districts, designating them by number; extend the time for payment of assessments levied upon the districts for district improvements for a period not exceeding 20 years or, if refunding bonds are issued pursuant to 7-12-4194, for a period not exceeding 30 years; make the assessments payable in installments; and pay all expenses of whatever character incurred in making the improvements with special improvement warrants or bonds (7-12-4102).

Funding

All demands for incidental expenses mentioned in 7-12-4101(7), except the administrative fee of the city and interest payable on warrants or bonds of the district, shall be presented to the city clerk by itemized bill, duly verified by oath of the demandant (7-12-4123).

Television District

The television district statutes available in Montana Code Annotated 7-13-2501 have been repealed.

Local Port Authority

The complete port authority statutes are available in Montana Code Annotated 7-14-1101.

Creation and Purpose

Any county or municipality may, by resolution of its governing body, create a local port authority, authorized to exercise its functions upon the appointment and qualification of the first commissioners (7-14-1101). The purposes of a port authority are to promote, stimulate, develop, and advance the general welfare, commerce, economic development, and prosperity of its jurisdiction and of the state and its citizens; endeavor to increase the volume of commerce within the jurisdiction of the port authority and the state; and cooperate and act in conjunction with other organizations, public or private, in the development of commerce, industry, manufacturing, services, natural resources, agriculture, livestock, recreation, tourism, health care, and other economic activity in the state (7-14-1104).

Membership

Upon the adoption of a resolution creating a local port authority, the governing body of the county or municipality shall, pursuant to the resolution, appoint or, at the option of the governing body, elect, as provided in 7-14-1106, not less than five persons as commissioners of the authority. The commissioners who are first appointed must be designated to serve for terms of 1, 2, 3, 4, and 5 years, respectively, but thereafter each commissioner must be appointed or elected for a term of 5 years, except that vacancies occurring other than by expiration of a term must be filled for the unexpired term by the governing body.

There must be elected a presiding officer and vice presiding officer from among the commissioners. An authority may employ an executive director, secretary, technical experts, and other officers, agents, and employees, permanent and temporary, that it may require and shall determine their qualifications, duties, and compensation. An authority may delegate to one or more of its agents or employees the powers or duties that it considers proper (7-14-1103). Each commissioner shall hold office until a successor has been appointed or elected and has qualified. The certificates of the appointment, reappointment, or election of commissioners must be filed with the authority (7-14-1103).

Authority

An authority has all the powers necessary or convenient to carry out the purposes of this part, including but not limited to the power to, (subject to 15-10-420,) request annually the amount of tax to be levied by the governing body for port purposes, which request the governing body may in its discretion approve for port purposes (7-14-1111).

Funding

A commissioner of an authority is entitled to receive expenses, as provided in 2-18-501 through 2-18-503, incurred in the discharge of duties. Any county or municipality for which an authority has been created upon such terms, with or without consideration, as it may determine may lend or donate money to the authority, and may provide that all or a portion of the taxes or funds available or to become available to or required by law to be used by the county or municipality for port purposes be transferred or paid directly to the port authority as such funds become available to the county or municipality (7-14-1105).

Regional Port Authority

The complete regional port authority statutes are available in Montana Code Annotated 7-14-1102.

Creation and Purpose

Two or more local governments may by joint resolution create a public body, corporate and politic, to be known as a regional port authority. A regional port authority may be increased from time to time to serve one or more additional counties or municipalities if each additional local government, each of the local governments then included in the regional authority, and the commissioners of the regional authority, respectively, adopt a joint resolution consenting to the increase (7-14-1102).

The port authority shall promote, stimulate, develop, and advance the general welfare, commerce, economic development, and prosperity of its jurisdiction, endeavor to increase the volume of commerce, support the growth of all kinds of economic activity, and provide maximum opportunities for employment and improvement in the standard of living of its citizens (7-14-1104).

Membership

The resolution creating a regional port authority must create a board of not less than five commissioners. The number to be appointed, their term, and their compensation, if any, must be provided for in the resolution. Each regional port authority shall organize, select officers for terms to be fixed by agreement, and adopt and amend from time to time rules for its own procedure (7-14-1102).

Authority

The port authority may sue and be sued, acquire real or personal property, establish comprehensive port zoning regulations, and provide financial and other support to organizations in its jurisdiction whose purpose is to promote, stimulate, develop, and advance the general welfare and economic development of its jurisdiction (7-14-1101).

Funding

Local port authority commissioners may submit the amount of tax to be levied by municipalities and counties participating, issue bonds, and charge fees for the use of services (7-14-1111, 1125, 1133). In counties supporting ports of port authorities, a levy authorized in 67-10-402 may be made for such purposes (7-14-1132).

Local Improvement Districts

The local improvement district statutes in Montana Code Annotated 7-14-2701 have been repealed. See 7-11-1001

Special Districts — Creation and Governance, for more information.

Technology Districts

The complete television district statutes available in Montana Code Annotated 7-15-4295 have been repealed. See 7-15-4279 Targeted economic development districts.

Industrial Districts

The complete industrial district statutes available in Montana Code Annotated 7-15-4299 have been repealed. See 7-15-4279 Targeted economic development districts.

Museum and Facilities for the Arts Board

The museum and facilities for the arts board statutes in Montana Code Annotated 7-16-2201 have been repealed. See 7-11-1001 Special Districts — Creation and Governance, for more information.

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Elections

Board of County Canvassers

To view the complete statute describing county canvassers, refer to Montana Code Annotated (13-15-401).

Creation and Purpose

Every county will have a board of county canvassers (13-15-401). County canvassers certify votes cast within the county for federal, state and local elections including president and vice-president of the United States, congressional offices, state and district offices, state legislators, district court judges, and multi-county ballot issues. The certification is given to the state board of canvassers (13-15-501).

Membership

The governing authority of the county or consolidated local government is ex officio a member of board of county canvassers. If the governing authority cannot attend, the board of county canvassers must choose another county official to fill the vacant authority’s place. Any political subdivisions within the county, which participated in the election, may send their governing authorities to join in canvassing the votes (13-15-401).

Authority

The county canvassers shall open the returns, audit the tally books or other records of votes cast, determining the vote for each individual and for and against each ballot issue from each precinct, compile totals, and declare or certify the results (13-15-403).

Funding

No funding source is specifically authorized in the Montana Code Annotated.

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Fair

Fair Commission

The county fair commission statutes in Montana Code Annotated 7-21-3401 have been repealed. See 7-11-1001

Special Districts — Creation and Governance, for more information.

Multi-County Fair Districts

The county fair commission statutes in Montana Code Annotated 7-21-3401 have been repealed. See 7-11-1001

Special Districts — Creation and Governance, for more information.

Joint Fair and Civic Center Commission

The joint fair and civic center commission statutes in Montana Code Annotated 7-21-3401 have been repealed. See 7-11-1001 Special Districts — Creation and Governance, for more information.

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Fire

Fire Hydrant Maintenance Districts

The complete fire hydrant maintenance district statutes are available in Montana Code Annotated 7-12-4601.

Creation and Purpose

The city or town council shall estimate, as nearly as practicable, the entire cost of installing and maintaining fire hydrants each year and the portion thereof to be assessed against the property within the district. Before the first Monday in October, the council must pass and finally adopt a resolution levying and assessing the property within the district (7-12-4611).

Membership

Membership is subject to the authorization of the governing body.

Authority

If the governing authorities determines that the area, frontage, or combination options are inequitable, it of land within such district to be assessed for that part of the whole cost that its taxable valuation, including improvements, bears to the taxable valuation of the entire district; or against the entire district, each lot or parcel of land receiving service within the district to be assessed by apportioning the whole cost according to a ratio between the water meter size servicing each lot or parcel and the whole cost (7-12-4611).

Funding

The governing authorities may assess the costs of fire hydrant maintenance through a resolution of assessment or it may collect the costs by assessing them along with water and sewer fees (7-12-4612).

Rural Fire Districts

The complete rural fire district statutes are available in Montana Code Annotated (7-33-2101).

Creation and Purpose

The petition to create a rural fire district must be signed by a majority of tax-paying landowners within the proposed area (the difference between a rural fire district and fire service area is that service areas only require 30 landowners to sign the petition). Governing authorities must hold a public hearing and may then authorize the creation of the district (7-33-2101, 2103). Trustees provide firefighting and emergency response apparatus, equipment, personnel, housing, and facilities for the protection of the district. Trustees also appoint and form fire companies and prepare an annual budget (7-33-2105).

Membership

Governing authorities can contract with another entity to provide fire protection to the district. Alternately, authorities can appoint five trustees to govern and manage the district (7-33-2104).

Authority

Trustees have the authority to provide firefighting and emergency response apparatus, equipment, personnel, housing, and facilities for the protection of the district (7-33-2105).

Funding

Governing authorities may levy a tax upon all property within the district for the purpose of buying or maintaining fire protection facilities or for paying city, town, or private fire services for providing protection to the district (7-33-2109). A rural fire district may also issue bonds to provide funds for the cost of buying or maintaining fire protection facilities (7-33-2109).

Fire Service Area

The complete fire service area statutes are available in Montana Code Annotated 7-33-2401.

Creation and Purpose

The creation of a fire service area begins when at least thirty landowners in the proposed area petition the board of county commissioners. Fire Service Areas differ from Fire Districts that require a majority of the landowners in the proposed area to petition the governing authorities. The board of county commissioners must pass a resolution of intent to establish an area and hold a public hearing before passing the resolution creating the fire service area (7-33-2401). The fire service area may provide residents of the area with fire and emergency response equipment, personnel, facilities, and maintenance. The area may also contract for services and submit a fire code and a plan for enforcement to the Montana Department of Justice (7-33-2402).

Membership

The fire district area may be governed and managed by either the county commissioners, five trustees appointed by the county commissioners, or five elected trustees (7-33-2403).

Authority

Trustees have the authority to provide adequate and standard firefighting and emergency response apparatus, equipment, personnel, housing, and facilities for the protection of the district. They will appoint and form fire companies. Trustees must prepare an annual operating budget (7-33-2403).

Funding

Fire service areas are financed through rates charged to structure owners in the district who benefit from the fire protection services offered. In the resolution creating the fire service area and by resolution as necessary after creation of the fire service area, the board of county commissioners shall establish a schedule of rates to be charged to owners of structures and owners of undeveloped land that are benefited by the services offered by the fire service area. The income of the fire service area may be used to procure equipment and buildings to house the equipment (7-33-2404).

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Governance

Community Councils

The complete statute detailing community councils can be found in Montana Code Annotated 7-3-223, 7-3-317, 7-3-417, and 7-3-516, depending on the form of local government chosen.

Creation and Purpose

Community councils are established by local governments and adopted by voters and serve to advise governing authorities. Councils are elected from within the voting district or authorized by ordinance (7-3-516).

Membership

Community councils must consist of at least three members to advise the governing authority from that district; the term of office of elected officials may not exceed 4 years and shall be established when the form is adopted by the voters (7-3-223, 7-3-317, 7-3-417, and 7-3-516).

Authority

Community councils serve in an advisory capacity only (7-3-223, 7-3-317, 7-3-417, and 7-3-516).

Funding

No funds are specifically allocated in statute to this board.

County Compensation Board

The complete County Compensation Board statutes are available in Montana Code Annotated 7-4-2503.

Creation and Purpose

The county compensation board shall hold hearings annually for the purpose of reviewing the compensation paid to county officers. The county compensation board may consider the compensation paid to comparable officials in other Montana counties, other states, state government, federal government, and private enterprise (7-4-2503).

Membership

The county compensation board consists of the county commissioners, three of the county officials described in subsection 1 (county treasurer, county clerk and recorder, clerk of the district court, county assessor, county superintendent of schools, county sheriff, county surveyor in counties where county surveyors receive salaries as provided in 7-4-2812, justice of the peace, county coroner, and county auditor), the county attorney, two to four resident taxpayers appointed initially by the board of county commissioners to staggered terms of 3 years, with the initial appointments of one or two taxpayer members for a 2-year term and one or two taxpayer members for a 3-year term, and one resident taxpayer appointed by each of the three county officials described in subsection 1 (although not mandatory).

Authority

The county compensation board shall prepare a compensation schedule for the elected county officials, including the county attorney, for the succeeding fiscal year. The schedule must take into consideration county variations, including population, the number of residents living in unincorporated areas, assessed valuation, motor vehicle registrations, building permits, and other factors considered necessary to reflect the variations in the workloads and responsibilities of county officials as well as the tax resources of the county. A recommended compensation schedule requires a majority vote of the county compensation board, and at least two county commissioners must be included in the majority.

Funding

Funding for this board is not mentioned in the statutes.

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Health

Solid Waste Management District

The complete solid waste management district statutes available in Montana Code Annotated 7-13-201 have been repealed. See 7-11-1001 Special Districts — Creation and Governance, for more information.

Hospital Districts

The complete hospital district statutes are available in Montana Code Annotated 7-34-2101.

Creation and Purpose

The creation of the hospital district begins when citizens within the proposed district petition the governing authorities. A public hearing is held, followed by a formal election. If a majority of citizens in the district vote in favor of creation, governing authorities are authorized to establish the hospital district (7-34-2101, 2103, 2106, 2109, 2114). Hospital districts are responsible for the acquisition, betterment, operation, maintenance, and administration of hospital facilities (7-34-2122).

Membership

Three to five trustees, elected by voters, govern and manage the hospital district. The number of trustees is determined in the hospital district bylaws. Trustees serve a three year terms (7-34-2115, 2118). Remaining trustees appoint new trustees to fill vacancies on the board. An appointed trustee will serve out the remaining term before the next trustee election (7-34-2121).

Authority

The hospital district may acquire property, adopt rules for the administration and operation of hospital facilities, collect charges for all services and facilities provided and made available by it, and may obtain insurance (7-34-2122).

Funding

Hospital districts may issue notes and bonds to finance acquisition, furnishing, equipping, improving, extending, and bettering the hospital facilities. Bonds can provide working capital for a new hospital while notes can supply working capital for the district (7-34-2131).

Health Care Facilities Commission

The complete health care facilities commission statute is available in Montana Code Annotated (7-34-2202).

Creation and Purpose

Governing authorities may create a health care facilities commission. The health care facilities commission will manage local health care facilities. Other responsibilities will be outlined in the resolution creating the health care facilities commission (7-34-2202).

Membership

The governing authorities detail membership qualifications in the resolution creating the health care facilities commission (7-1-2).

Authority

The health care facilities commission will manage local health care facilities. Other responsibilities will be outlined in the resolution creating the health care facilities commission (7-34-2201).

Funding

The governing authorities detail finance options (subject to the general board statutes (7-1-201)) in the resolution creating the health care facilities commission. The commission may, under the limitations and restrictions prescribed by law, lease county buildings, equipment, furniture, and fixtures for health care facility purposes, with full power of lessor except as limited in this section, upon the terms and conditions that the board may decide upon. The rentals received under the lease or leases must be paid into the general fund of the county. Also, money in the county general fund may be transferred to a state agency to be used as matching funds for the receipt of federal money for health care purposes (7-34-2204).

County Boards of Health

The complete county health board statutes are available in Montana Code Annotated 50-2-104.

Creation and Purpose

The purpose of the board is to supervise destruction and removal of all sources of disease-causing filth, guard against the introduction of communicable disease, supervise sanitary inspections of public establishments, and control and dispose of sewage that is not otherwise regulated. The board must appoint a local health officer (50-2-116).

Membership

Board membership is made up of either the county commissioners and two appointed members or at least five appointed members who serve at the commissioners’ pleasure. Board members serve three year terms (50-2-104).

Authority

In order to carry out the purposes of the public health system, in collaboration with federal, state, and local partners, each local board of health shall appoint and fix the salary of a local health officer who has the necessary education and credentials (50-2-116). The local health board shall adopt and enforce quarantine to prevent the spread of communicable diseases and furnish treatment for persons who have a communicable disease, abate nuisances affecting public health and safety, reimburse local health officials for necessary expenses, maintain sewage treatment systems, and adopt fees to regulate to control and disposal of sewage from private and public settings (50-2-116).

Funding

Health boards are financed by an appropriation from the general fund of the county (50-2-109). The department may accept funds for public health from an agency of the federal government or from any other agency or person and allocate funds to local boards (50-2-103). Local boards are financed by general fund appropriations, special levy appropriations, state and federal funds available, and contributions from school boards and other official and nonofficial agencies. There is within the state special revenue fund a local board inspection fund account (50-2-108).

City Boards of Health

The complete city health board statutes are available in Montana Code Annotated 50-2-105.

Creation and Purpose

The purpose of the board is to supervise destruction and removal of all sources of disease-causing filth, guard against the introduction of communicable disease, supervise sanitary inspections of public establishments, and control and dispose of sewage that is not otherwise regulated. The board must appoint a local health officer (50-2-116).

Membership

There is a city board of health in each first- and second-class city consisting of five persons who are appointed by the governing body of the city and serve at its pleasure. Terms of appointed members shall be staggered and shall be for 3 years each. The governing body of the city shall establish the staggered order of terms and all regulations necessary to establish and maintain the board (50-2-105).

Authority

In order to carry out the purposes of the public health system, in collaboration with federal, state, and local partners, each local board of health shall appoint and fix the salary of a local health officer who has the necessary education and credentials (50-2-116). The local health board shall adopt and enforce quarantine to prevent the spread of communicable diseases and furnish treatment for persons who have a communicable disease, abate nuisances affecting public health and safety, reimburse local health officials for necessary expenses, maintain sewage treatment systems, and adopt fees to regulate to control and disposal of sewage from private and public settings (50-2-116).

Funding

City boards are financed by an appropriation from the general fund of the city after approval of a budget. The department may accept funds for public health from an agency of the federal government or from any other agency or person and allocate funds to local boards (50-2-103). Local boards are financed by general fund appropriations, special levy appropriations, state and federal funds available, and contributions from school boards and other official and nonofficial agencies. There is within the state special revenue fund a local board inspection fund account (50-2-108).

City-County Boards of Health

The complete city health board statutes are available in Montana Code Annotated 50-2-106.

Creation and Purpose

By mutual agreement between the county commissioners and the governing body of the city or cities, the county and a city or cities may form a city-county board of health (50-2-106). The purpose of the board is to supervise destruction and removal of all sources of disease-causing filth, guard against the introduction of communicable disease, supervise sanitary inspections of public establishments, and control and dispose of sewage that is not otherwise regulated. The board must appoint a local health officer (50-2-116).

Membership

The board must be composed of at least five persons. A city-county board of health consists of one person appointed by the county commissioners who serves at their pleasure; one person appointed by the governing body of each city that participates in the city-county board who serves at the pleasure of the appointing governing body; additional members appointed by the county commissioners and governing body or bodies of the city or cities participating in the city-county board as mutually agreed upon who serve at the pleasure of the appointing commissioners or governing body. Terms of appointed members must be staggered and must be for 3 years each. By mutual agreement between the county commissioners and the governing body of the city or cities, they shall establish the staggered order of terms and all regulations necessary to establish and maintain the board (50-2-106).

Authority

In order to carry out the purposes of the public health system, in collaboration with federal, state, and local partners, each local board of health shall appoint and fix the salary of a local health officer who has the necessary education and credentials (50-2-116). The local health board shall adopt and enforce quarantine to prevent the spread of communicable diseases and furnish treatment for persons who have a communicable disease, abate nuisances affecting public health and safety, reimburse local health officials for necessary expenses, maintain sewage treatment systems, and adopt fees to regulate to control and disposal of sewage from private and public settings (50-2-116).

Funding

The county commissioners and governing body of each participating city may mutually agree upon the division of expenses under 7-6-4001 or 15-10-420.

District Boards of Health

The complete health districts statutes are available in Montana Code Annotated 50-2-107.

Creation and Purpose

By mutual agreement, two or more adjacent counties may unite to create a district board of health. First- and second-class cities located in those counties may elect to be included in the district (50-2-107). The purpose of the board is to supervise destruction and removal of all sources of disease-causing filth, guard against the introduction of communicable disease, supervise sanitary inspections of public establishments, and control and dispose of sewage that is not otherwise regulated. The board must appoint a local health officer (50-2-116).

Membership

A district board of health consists of one person appointed by the county commissioners of each county in the district who serves at the pleasure of the appointing commissioners; one person appointed by the governing body of each city that elects to be included in the district who serves at the pleasure of the appointing governing body; additional members appointed by the county commissioners of each county that participates in the district board as mutually agreed upon who serve at the pleasure of the appointing commissioners (50-2-107).

Authority

In order to carry out the purposes of the public health system, in collaboration with federal, state, and local partners, each local board of health shall appoint and fix the salary of a local health officer who has the necessary education and credentials (50-2-116). The local health board shall adopt and enforce quarantine to prevent the spread of communicable diseases and furnish treatment for persons who have a communicable disease, abate nuisances affecting public health and safety, reimburse local health officials for necessary expenses, maintain sewage treatment systems, and adopt fees to regulate to control and disposal of sewage from private and public settings (50-2-116).

Funding

District boards are financed by appropriations from the general funds of each county in the district in proportion to the population in each county. First- and second-class cities which elect to be included in the district contribute to the county in which they are located in the way provided for city-county boards under (50-2-111). All funds shall be deposited with the county treasurer of one of the counties as agreed upon by the commissioners of the counties in the district. The county treasurer shall disburse the funds as county funds (50-2-112).

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Housing and Building

County Building Commission

For the complete description of the county building commission, refer to Montana Code Annotated 7-8-2103.

Creation and Purpose

Governing authorities may create a building commission to assist the authorities to erect, furnish, equip, expand, improve, and maintain public buildings as may be necessary. In addition, a city and a county may, by contract, construct, purchase, or lease and manage a city-county building to house the offices of city government and county government (7-8-201).

Membership

Membership is subject to General Board Statutes (7-1-201).

Authority

The commission has jurisdiction and power to insure the county buildings, and must complete an inventory covering all county tools, machinery, and equipment (7-8-2104 and 7-8-2111).

Funding

County commissioners, in the county building commission’s resolution of creation, will detail the commission funding.

County Housing Authority

The complete county housing authority statutes are available in Montana Code Annotated 7-15-2102.

Creation and Purpose

Housing authorities provide decent, safe, sanitary dwelling accommodations to rural residents of low income. Housing authority members manage and operate rural housing projects in an efficient manner at the lowest possible cost (consistent with their charge) and without profit. The housing projects may include purchase, leasing, renting or selling of housing to low income rural residents (7-15-2113, 2121, and 2122). County residents petition the governing authorities for the need of a housing authority. After holding a public hearing, authorities may adopt a resolution finding the existence of unsanitary or unsafe dwelling accommodations (7-15-2102, 2105).

Membership

The governing body appoints five commissioners to act as a housing authority. The presiding officer is designated by the governing body. Housing authority commissioners serve five year terms and serve until a qualified successor is appointed (7-15-2105, 4431, 4432).

Authority

Housing authorities created for counties are empowered and authorized to borrow money, accept grants, and exercise other powers to provide low-income housing for rural residents. Authorities may enter into leases or purchase agreements, and rent or sell dwellings (7-15-2121 and 2122).

Funding

Housing authorities may borrow money and accept grants to provide housing (7-15-2121).

Municipal Housing Authority

The complete municipal housing authority statutes are available in Montana Code Annotated 7-15-4401 and 7-15-4501.

Creation and Purpose

Unsanitary or unsafe dwelling accommodations exist in urban areas throughout the state, and such unsafe or unsanitary conditions arise from overcrowding and concentration of population, the obsolete and poor conditions of buildings, improper planning, excessive land coverage, lack of proper light, air, and space, unsanitary design and arrangement, lack of proper sanitary facilities, and the existence of conditions which endanger life or property by fire and other causes (7-15-4401).

It is in the public interest that work on such projects be instituted as soon as possible and the necessity for the provisions hereinafter enacted is hereby declared, as a matter of legislative determination, to be in the public interest (7-15-4401).

The ordinance authorized by 7-15-4406(2) is not effective until it has been approved by a majority vote of the registered electors within the city limits voting either at a special election held in conjunction with a regular or primary election or at a general election (7-15-4408).

Membership

An authority consists of seven commissioners appointed by the mayor. The mayor shall designate the first presiding officer. A commissioner may not be a city official. Two of the commissioners must be directly assisted by the housing authority and are known as resident commissioners. The staff of the housing authority may not involve itself in the nomination or appointment of resident commissioners, except that the housing authority shall notify all of the households directly assisted by the housing authority when a resident commissioner position is vacant (7-15-4431).

Authority

An authority shall exercise public powers and have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part and part 45, including the following powers in addition to others herein granted. An authority shall have power to sue and be sued; have a seal and alter the same at pleasure; have perpetual succession; make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; make and from time to time amend and repeal bylaws and rules, not inconsistent with this part and part 45, to carry into effect the powers and purposes of the authority. In addition to all of the other powers herein conferred upon it, an authority may do all things necessary and convenient to carry out the powers expressly given in this part and part 45 (7-15-4451).

Funding

The governing authority shall first, make an estimate of the amount of money necessary for the administrative expenses and overhead of the housing authority during the first year following the incorporation of the housing authority; second, shall appropriate such amount to the authority out of any money in the city treasury not appropriated to some other purpose; and third, shall cause the money so appropriated to be paid the authority as a donation (7-15-4417).

In addition to the power granted in 7-15-4417, any municipality located in whole or in part within the boundaries of a housing authority may, annually and from time to time, make donations or advances to the authority of such sums as the municipality in its discretion may determine (7-15-4418).

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Land Use and Planning

County Board of Park Commissioners

The complete county board of park commissioners statutes are available in Montana Code Annotated 7-16-2301.

Creation and Purpose

Governing authorities may, by resolution, create a county board of park commissioners (7-16-2301).

The county board of park commissioners govern the use of park land and facilities (7-16-2322).

Membership

The number of members, terms, and special qualifications of members will be determined by the governing authorities in the resolution creating the county board of park commissioners (7-16-2301).

Authority

The county board of park commissioners make rules to govern the use of park land and facilities. The board also employs a park superintendent to manage park lands. A county park warden may be employed by the board to enforce the rules (7-16-2322). The park commissioners may lease lands owned by the county (7-16-2323). The board may make all contracts necessary or convenient for carrying out any and all of the powers (7-16-2325).

Funding

The county board of park commissioners is only authorized to spend money existing in the county park fund. This fund is comprised of revenue from sale of hay, trees, plants, or the leasing of facilities and lands. Park commissioners may accept federal grants and loans (7-16-2328, 2329, 2332).

County Park District

County Park District statutes in Montana Code Annotated 7-16-2401 through 7-16-2443 have been repealed. See 7-11-1001 Special Districts — Creation and Governance, for more information.

Municipal Board of Park Commissioners

The complete municipal board of park commissioners statutes are available in Montana Code Annotated 7-16-4201.

Creation and Purpose

There may be created by ordinance in all cities of the first and second class a board of park commissioners, whether the cities are a council form of government or city-manager form (7-16-4201).

Membership

The number of members, terms, and special qualifications of members will be determined by the governing authorities in the resolution creating the municipal park commission and must meet the same requirements as those provided for a county resolution in 7-1-201 (7-16-4201).

Authority

The city or town council has power to lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve parks and to vacate the same (7-16-4101). The municipal board of park commissioners has the authority to make all rules necessary or convenient to protect and promote the growth of trees and plants in parks, streets, avenues, alleys, boulevards, and public places under the care and control of the board and for the protection of all birds inhabiting, frequenting, or nesting in the parks, streets, avenues, boulevards, and public places. The board also has the authority to make all rules for the use of parks by the public; and to provide penalties for the violation of the rules (7-16-4222).

The board of park commissioners shall have the power and be charged with the duty to lease all lands owned by the city heretofore acquired for parks, whether within or without the city, which, in the judgment of the board, it shall not be advisable to improve as parks, upon such terms and conditions as the board shall deem to be for the best interests of the city (7-16-4223).

Funding

Subject to 15-10-420 and for the purpose of procuring, equipping, and maintaining public parks, swimming pools, skating rinks, playgrounds, civic centers, youth centers, museums, and combination of purposes and facilities, the council or commission in any city or town may levy, in addition to the levy for general municipal or administrative purposes, a tax on the taxable value of all taxable property in the city or town (7-16-4105).

Cemetery Districts

Cemetery district statutes in Montana Code Annotated (7-35-2101 through 7-35-2150) have been repealed. See 7-11-1001 Special Districts — Creation and Governance, for more information.

County Tax Appeal Board

The complete county tax appeal board statutes are available in Montana Code Annotated 15-15-101.

Creation and Purpose

Governing authorities shall appoint a tax appeal board. The purpose of the board is to hear taxpayers’ appeals from property tax assessments and change any assessment or fix the assessment at some other level (15-15-101).

Membership

Governing authorities will appoint a three member board. Each member must be a resident of the county and will serve a three year term (15-15-101). At the organizational meeting the members shall choose one member as the presiding officer of the board. In counties that have appointed more than three members to the county tax appeal board, only three members shall hear each appeal. The presiding officer shall select the three members hearing each appeal.

Authority

The county tax appeal board will hear taxpayers’ appeals from property tax assessments. The board is authorized to change any assessment or fix an assessment at another level in connection with an appeal (15-15-101). Board members may also reduce the valuation of property when the taxpayer (who is applying for the reduction in valuation) has filed the written application for reduction, is in attendance at the county tax appeal board meeting, and has been questioned about the value of their property (15-15-102, 103).

Funding

No monetary funds are handled by this board. Board members receive compensation of $45 dollars a day and travel expenses only when the board meets to hear taxpayers’ appeals or when they are attending meetings called by the state tax appeal board (15-15-101).

County Planning Boards

The complete planning board statutes are available in Montana Code Annotated 76-1-101.

Creation and Purpose

The governing body of any county may create a planning board in order to promote the orderly development of its governmental units and its environs (76-1-101). The purpose is to encourage local units of government to improve the present health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities to the end that highway systems be carefully planned; that new community centers grow only with adequate highway, utility, health, educational, and recreational facilities; that the needs of agriculture, industry, and business be recognized in future growth; that residential areas provide healthy surroundings for family life; and that the growth of the community be commensurate with and promotive of the efficient and economical use of public funds (76-1-102).

Membership

County planning boards must include at least five members appointed by the governing authorities. At least one member of a county planning board existing on or formed after July 1, 1973, must be a member of the governing board of a conservation district as provided for in 76-1-211. If a city or town subsequently becomes represented on the county planning board pursuant to 76-1-111, additional members of the planning board representing the cities or towns must be appointed by the respective city councils (76-1-211).

Authority

The planning board serves to advise the local governing body. The board may propose policies for: subdivision plats; development of public ways, places, structures, and utilities; issuance of improvement location permits; and laying out public ways and services. Upon request of the public body, the planning board will prepare a growth policy to promote public health, safety, morals, convenience, general welfare, efficiency, and the economy (76-1-106). The governing authorities shall also require the county planning board to recommend boundaries and appropriate regulations for the various zoning districts (76-2-204).

Funding

After the governing authorities have, by ordinance and resolution, created a planning board, the governing bodies represented upon such board may appropriate funds to carry out duties of the planning board. When a planning board has been created by agreement of more than one governmental unit, the governing bodies of the governmental units which have created the board shall agree upon the proportion of expenditures to be borne by each such unit and may budget and appropriate funds necessary for the respective shares thus agreed upon (76-1-402).

City Planning Boards

The complete planning board statutes are available in Montana Code Annotated 76-1-101.

Creation and Purpose

The governing body of any city or town may create a planning board in order to promote the orderly development of its governmental units and its environs (76-1-101). The purpose is to encourage local units of government to improve the present health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities to the end that highway systems be carefully planned; that new community centers grow only with adequate highway, utility, health, educational, and recreational facilities; that the needs of agriculture, industry, and business be recognized in future growth; that residential areas provide healthy surroundings for family life; and that the growth of the community be commensurate with and promotive of the efficient and economical use of public funds (76-1-102).

Membership

A city planning board shall consist of not less than seven members to be appointed as follows: one member to be appointed by the city council from its membership; one member to be appointed by the city council, who may in the discretion of the city council be an employee or hold public office in the city or county in which the city is located; one member to be appointed by the mayor upon the designation by the county commissioners of the county in which the city is located; four citizen members to be appointed by the mayor, two of whom shall be resident freeholders within the urban area, if any, outside of the city limits over which the planning board has jurisdiction under this chapter and two of whom shall be resident freeholders within the city limits (76-1-221).
The clerk of the city council shall certify members appointed by its body. The certificates shall be sent to and become a part of the records of the planning board. The mayor shall make similar certification for the appointment of citizen members (76-1-221).

Authority

The planning board serves to advise the local governing body. The board may propose policies for: subdivision plats; development of public ways, places, structures, and utilities; issuance of improvement location permits; and laying out public ways and services. Upon request of the public body, the planning board will prepare a growth policy to promote public health, safety, morals, convenience, general welfare, efficiency, and the economy (76-1-106). The governing authorities shall also require the county planning board to recommend boundaries and appropriate regulations for the various zoning districts (76-2-204).

Funding

After the governing authorities have, by ordinance and resolution, created a planning board, the governing bodies represented upon such board may appropriate funds to carry out the duties of the planning board. When a planning board has been created by agreement of more than one governmental unit, the governing bodies of the governmental units which have created the board shall agree upon the proportion of expenditures to be borne by each such unit and may budget and appropriate the funds necessary for the respective shares thus agreed upon (76-1-402).

City-County Planning Boards

The complete planning board statutes are available in Montana Code Annotated 76-1-101.

Creation and Purpose

The governing body of any city or town, the governing bodies of more than one city or town, or the governing body of any county or any combination thereof may create a planning board in order to promote the orderly development of its governmental units and its environs (76-1-101). The purpose is to encourage local units of government to improve the present health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities to the end that highway systems be carefully planned; that new community centers grow only with adequate highway, utility, health, educational, and recreational facilities; that the needs of agriculture, industry, and business be recognized in future growth; that residential areas provide healthy surroundings for family life; and that the growth of the community be commensurate with and promotive of the efficient and economical use of public funds (76-1-102).

Membership

A city-county planning board consists of no fewer than nine members to be appointed as follows: two official members who reside outside the city limits but within the jurisdictional area of the city-county planning board to be appointed by the board of county commissioners, who may in the discretion of the board of county commissioners be employed by or hold public office in the county; two official members who reside within the city limits to be appointed by the city council, who may in the discretion of the city council be employed by or hold public office in the city; two citizen members who reside within the city limits to be appointed by the mayor of the city; two citizen members who reside within the jurisdictional area of the city-county planning board to be appointed by the board of county commissioners (76-1-201).

The ninth member is to be appointed by the board of supervisors of a conservation district provided for in 76-15-311 from the members or associate members of the board of supervisors, subject to approval of the members provided for in subsections (1)(a) through (1)(d) in 76-1-201. However, if there is no member or associate member of the board of supervisors of a conservation district who is able or willing to serve on the city-county planning board, the ninth member of the city-county planning board must be selected by the eight officers and citizen members pursuant to subsections (1)(a) through (1)(d) of 76-1-201, with the consent and approval of the board of county commissioners and the city council (76-1-201).

Authority

The planning board serves to advise the local governing body. The board may propose policies for: subdivision plats; development of public ways, places, structures, and utilities; issuance of improvement location permits; and laying out public ways and services. Upon request of the public body, the planning board will prepare a growth policy to promote public health, safety, morals, convenience, general welfare, efficiency, and the economy (76-1-106). The governing authorities shall also require the county planning board to recommend boundaries and appropriate regulations for the various zoning districts (76-2-204).

Funding

After the governing authorities have, by ordinance and resolution, created a planning board, the governing bodies represented upon such board may appropriate funds to carry out the duties of the planning board. When a planning board has been created by agreement of more than one governmental unit, the governing bodies of the governmental units which have created the board shall agree upon the proportion of expenditures to be borne by each such unit and may budget and appropriate the funds necessary for the respective shares thus agreed upon (76-1-402).

Joint or Consolidated Planning Boards

The complete joint or consolidated planning board statutes are available in Montana Code Annotated 76-1-112.

Creation and Purpose

Any existing city, county, or city-county planning board may form a joint or consolidated planning board with any other existing city, county, or city-county planning board or with any combination of these boards. The manner of combination must be by interlocal agreement of the cities, counties, and towns represented on the existing planning boards pursuant to 7-11-1. The interlocal agreement must state the name of the combined board; specify whether a joint or combined board is formed; specify the representation, means and manner of appointment, membership duties, and manner of sharing costs of the combined board, be on any basis agreeable to the governing bodies of the cities, counties, and towns represented on the existing planning boards (76-1-112).
The purpose is to encourage local units of government to improve the present health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities to the end that highway systems be carefully planned; that new community centers grow only with adequate highway, utility, health, educational, and recreational facilities; that the needs of agriculture, industry, and business be recognized in future growth; that residential areas provide healthy surroundings for family life; and that the growth of the community be commensurate with and promotive of the efficient and economical use of public funds (76-1-102).

Membership

Membership of any city-county board formed pursuant to this section must have representation consistent with the requirements of 76-1-201 (76-1-112).

Authority

If a consolidated board is formed, the existing city, county, and city-county planning boards must be dissolved and the consolidated board has the rights, duties, powers, and obligations of the existing planning boards. If a joint board is formed, the existing planning boards may not be dissolved and the joint board has the rights, duties, powers, and obligations that are contained in the interlocal agreement (76-1-112).

Funding

After the governing authorities have, by ordinance and resolution, created a planning board, the governing bodies represented upon such board may appropriate funds to carry out the duties of the planning board. When a planning board has been created by agreement of more than one governmental unit, the governing bodies of the governmental units which have created the board shall agree upon the proportion of expenditures to be borne by each such unit and may budget and appropriate the funds necessary for the respective shares thus agreed upon (76-1-402).

County Planning and Zoning Commission

The complete planning and zoning commission statutes are available in Montana Code Annotated 76-2-101. Title 76, Chapter 2 of the Montana Code Annotated addresses Land Resources Planning and Zoning. Within this Chapter is Part 1 describing Planning and Zoning Commissions and Part 2 describing Zoning Commissions. The fundamental difference between the Planning and Zoning Commission and the Zoning Commission involves the membership and methods of creation. For further details, see County Zoning Commission, Municipal Zoning Commission, and the Zoning Boards of Adjustment

Creation and Purpose

Upon receiving a petition signed by 60% of “affected freeholders,” county commissioners may create a planning and zoning district and appoint a planning and zoning commission (76-2-101). Members of the commission are charged with furthering the health, safety, and general welfare of the people of the county and may make and adopt a development pattern for the physical and economic development of the planning and zoning district (76-2-104).

Membership

The governing authorities will appoint the planning and zoning commission. The seven member commission consists of: Three county commissioners; The county surveyor; Two citizen members, each of whom resides in a different planning and zoning district; and a county official appointed by the county commissioners. Citizen members serve two year terms (76-2-101, 102).

Authority

The planning and zoning commission is an advisory board. The commission develops and adopts a development pattern resolution for the physical and economic development of the planning and zoning district. The development pattern shows the commission’s recommendations for development districts. Among the details are future uses of the land or buildings (including construction and maintenance of certain buildings or industries, and open spaces as well as future building setback lines (76-2-104)). The resolution is then submitted to the county commissioners for approval (76-2-107). The commission may provide building permits and collect fees from the sale of permits. The fees go into the general fund of the county (7-2-108). The resolutions adopted by this commission will not regulate grazing, horticultural, agricultural, or timbered lands (76-2-109). Appeals from this board are taken to the district court (76-2-110).

Funding

Finances necessary to pay employees and carry out the work of the planning and zoning commission are paid from a levy on taxable property within the district (76-2-102).

County Zoning Commission

The complete county zoning commission statute is available in Montana Code Annotated 76-2-201.

Creation and Purpose

The county commissioners may create a zoning commission to provide an additional method of creating or amending zoning regulations or zoning classifications (76-2-220) for the purpose of promoting the public health, safety, morals, and general welfare (76-2-201).

Membership

The commission must be composed of at least five citizen members appointed at large from the zoning district. The county commissioners may adopt bylaws for the zoning commission pertaining to the qualifications of the members and such other matters as the commissioners consider necessary (76-2-220).

Authority

The commission is advisory and recommends amendments to zoning regulations and classifications. These recommendations are submitted to county commissioners (76-2-220).

Funding

The board of commissioners also provide for the issuance of location or conformance permits and may collect a fee for each such permit. The proceeds of such fees shall be deposited in the general fund of the county (76-2-207).

County Zoning Board of Adjustment

The complete county zoning board of adjustment statutes are available in Montana Code Annotated 76-2-221.

Creation and Purpose

If zoning districts are created, as authorized in Title 76, Chapter 2 of the Montana Code Annotated, the county commissioners will appoint a zoning board of adjustment (76-2-221). The board of adjustment hears and decides appeals related to land resources and use (76-2-223).

Membership

Five citizens will be appointed by the county commissioners to serve on the board of adjustment. They will serve two-year terms and can be removed for cause by the county commissioners after written charges and a public hearing (76-2-222).

Authority

The board adjustment has the powers: To hear and decide appeals where an error may have been made by an administrative official’s order, requirement, or determination in the enforcement of county zoning defined in Montana Code Annotated (76-2-201) or zoning resolutions adopted by the county and, to hear, decide, and authorize special exceptions to the terms of a zoning resolution (76-2-223).

Funding

No costs are assessed against the board, unless the board acted in bad faith, the gross negligence, or with malice (76-2-228).

Municipal Zoning Commission

The complete municipal zoning commission statute is available in Montana Code Annotated 76-2-301.

Creation and Purpose

For the purpose of promoting health, safety, morals, or the general welfare of the community, the city or town council or other legislative body of cities and incorporated towns is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purpose (76-2-301).

Membership

In order to avail itself of the powers conferred by this part, except 76-2-306, the city or town council or other legislative body shall appoint a commission, to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein (76-2-307).

Authority

The city or town council or other legislative body may provide by ordinance for the enforcement of this part and of any regulation or ordinance made thereunder. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this part or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair conversion, maintenance, or use; to restrain, correct, or abate such violation; to prevent the occupancy of such building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises (76-2-308).

Funding

Funding for this commission is not mentioned in the municipal zoning commission statutes (76-2-301).

Municipal Zoning Board of Adjustment

The complete municipal zoning board of adjustment statutes are available in Montana Code Annotated 76-2-321.

Creation and Purpose

The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to part (76-2-301), Municipal Zoning.

Membership

The board of adjustment shall consist of not less than five or more than seven members to be appointed for a term to be specified by the city or town council or other legislative body or, if no term is specified, then for a term of 3 years. A member is removable for cause by the appointing authority upon written charges and after public hearing (76-2-322).

Authority

The board of adjustment shall have the following powers: to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this part or of any ordinance adopted pursuant thereto; to hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance; to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done. In exercising the above-mentioned powers, such board may, in conformity with the provisions of this part, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken (76-2-323).

Funding

A city or town council or other legislative body may provide for the appointment of a board of adjustment and in the regulations and restrictions adopted pursuant to the authority of this part may provide that the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purposes and intent and in accordance with the general or specific rules contained in the ordinance (76-2-321).

Open Space Commission

The complete open space commission statutes are available in Montana Code Annotated 76-6-101.

Creation and Purpose

Any governing body may establish by resolution a board or commission to exercise its powers under this chapter (76-6-104, 76-6-109(2)d). The open space commission shall provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources (76-6-102). The open space commission works for the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interest. The commission will also provide for the preservation of open-space land and encourage private participation in such programs (76-6-103).

Membership

The state, a city, town, or other municipality, or a county may exercise its powers under this chapter through a board or commission or through the office or officers that its governing body by resolution determines (76-6-109(2)d). Within the resolution creating the board or commission, the governing body will determine the size and membership.

Authority

The open space commission may acquire or designate any real property, including land and water, that will provide a means for the preservation or provision of significant open-space land or the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interest (76-6-106).

Funding

The open space commission has the power to borrow funds, advance or accept advances of public funds, use grants and other federal assistance to preserve open space concurrent with the purposes of this chapter (76-6-103).

Conservation District

The complete conservation districts statutes are available in Montana Code Annotated 76-15-101.

Creation and Purpose

It is hereby declared to be the policy of the legislature to provide for the conservation of soil and soil resources of this state, for the control and prevention of soil erosion, for the prevention of floodwater and sediment damages, and for furthering the conservation, development, utilization, and disposal of water and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety, and general welfare of the people of this state (76-15-102).

Within 30 days after a petition has been filed with the department of natural resources and conservation (as provided for in 2-15-33) it shall cause due notice to be given of a proposed hearing before the department upon the question of the desirability and necessity in the interest of the public health, safety, and welfare of the creation of the district; upon the question of the appropriate boundaries to be assigned to the district; upon the propriety of the petition and other proceedings taken under this chapter; and upon all questions relevant to those inquiries (76-15-202).

Membership

The conservation district is authorized to divide the unincorporated area of the district into no more than five supervisor area, which each must be represented by one supervisor. If less than five supervisor areas are established, sufficient supervisors must be elected at large to complete the governing body of the district as provided in 76-15-311(1). In a district containing no incorporated municipalities, the department may reorganize the district into seven supervisor areas (76-15-301).

Two supervisors shall be elected at the second general election following the organization or reorganization of the district and shall replace the two supervisors appointed by the department. Thereafter, a district shall alternately elect three and two supervisors at succeeding general elections (76-15-304).

Authority

A conservation district and the supervisors thereof shall have the power to conduct surveys, investigations, and research relating to the character of soil erosion, floodwater and sediment damages, and water quality as it pertains to saline seep and to the conservation, development, utilization, and disposal of water and the preventive and control measures and works of improvement needed. The district shall also have the power to publish the results of such surveys, investigations, or research and disseminate information concerning such preventive and control measures and works of improvement (76-15-401).

Funding

A conservation district and the supervisors of the conservation district may borrow money and incur indebtedness and issue bonds or other evidence of indebtedness; refund or retire an indebtedness or lien against the district or property of the district; establish and collect rates, fees, tolls, rents, or other charges for the use of facilities or for services or materials provided. Revenue from these sources may be expended in carrying out the purposes and provisions of this chapter. The district may also, subject to 15-10-420, levy taxes as provided in this part to pay any obligation of the district and to accomplish the purposes of this chapter as provided in this chapter; apply for and receive federal revenue sharing funds in order to carry out the purposes and provisions of this chapter; establish a conservation practice loan program as provided in this part; or apply for, accept, administer, and expend funds, grants, and loans from the state or federal government or any other source (76-15-501).
Unless otherwise provided by law, all money which may from time to time be appropriated out of the state treasury to pay the administrative and other expenses of conservation districts shall be allocated by the department among the districts already organized or to be organized during the ensuing biennial fiscal period (76-15-502).

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Library

Library Board

The complete library board statutes are available in Montana Code Annotated 22-1-308.

Creation and Purpose

Upon the establishment of a public library under the provisions of this part, the mayor, with the advice and consent of the city council or city commissioners, shall appoint a board of trustees for the city library and the presiding officer of the board of county commissioners, with the advice and consent of the board, shall appoint a board of trustees for the county library (22-1-308). Library trustees have exclusive control of the operation and care of the library, of the spending of public library funds, and of the construction or lease of library buildings. The board is responsible for employing and compensating all library staff. Trustees hire a chief librarian, who serves at the pleasure of the board (22-1-309).

Membership

Five appointed trustees serve five year terms on the library board. Trustees may only serve two consecutive terms. Only one member of the governing body may be on the board. The presiding officer of the governing authority appoints new trustees to fill vacancies. These appointed trustees serve out the remaining term of the trustee they replaced (22-1-308). Following the appointments, in July of each year, the trustees shall meet and elect a presiding officer and other officers that they consider necessary, for 1-year terms. Vacancies in the board of trustees must be filled for the unexpired term in the same manner as original appointments.

Authority

Trustees of every public library shall adopt bylaws and rules, establish and locate a central public library, have the power to acquire real and personal property, and to exercise such other powers, not inconsistent with law, necessary for the effective use and management of the library (22-1-309).

Funding

The governing body that has established the public library may levy a tax to maintain public library services. Tax proceeds will be called the library fund. Under certain circumstances, the governing body may issue bonds (22-1-304). The governing body may also establish a library depreciation reserve fund. The fund replaces and acquires property, capital improvements, and equipment necessary for maintaining library services. Library depreciation reserve funds are moneys allocated to the library and not used by the year’s end (22-1-305, 306).

Public Library District

The complete public library districts statutes are available in Montana Code Annotated 22-1-701.

Creation and Purpose

Proceedings for the creation or enlargement of a public library district or the conversion of a public library to a public library district may be initiated by a petition signed by not less than 15% of the qualified electors who reside within the proposed district or the area to be added to an existing district; or a resolution of intent adopted by the county governing body, calling for the creation of a district. When the territory to be included in the proposed public library district lies in more than one county, a petition must be presented to the governing body of each county in which the territory lies (22-1-702). The purpose of this part is to provide a method for: establishing, equipping, administering, and funding public libraries; and contracting for library services from existing public libraries (22-1-701).

Membership

Within 30 days after the certification of the formation of the public library district, the governing body of each county with territory included in the district shall jointly appoint the initial members of the district’s board of trustees. The members shall serve until their successors are elected and qualified (22-1-704). After appointment of the initial members of the board of trustees, all members must be elected by the electors of the public library district (22-1-706).

Authority

The board has all powers necessary for the betterment, operation, and maintenance of library property within the territory of the public library district, including establishing library locations (22-1-707).

Funding

Subject to 15-10-420, the county governing body shall, annually at the time of levying county taxes, fix and levy a tax on all taxable property within the public library district sufficient to raise the amount certified by the board of trustees and approved by the electors. The tax levied may not in any year exceed the maximum amount approved by the electorate in 22-1-703 or 22-1-709 (22-1-708). The board may accept donations and devises of money or personal property; establish a library depreciation reserve fund as authorized and described in 22-1-716 (22-1-707). Members of the board of trustees serve without compensation (22-1-706).

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Livestock and other Animals

Rodent Control District

The complete rodent control district statutes available in Montana Code Annotated 7-22-2201 have been repealed. See 7-11-1001 Special Districts — Creation and Governance, for more information.

Mosquito Control Board

The mosquito control board statutes in Montana Code Annotated 7-22-2401 have been repealed. See 7-11-1001 Special Districts — Creation and Governance, for more information.

Grazing District

The complete grazing district statues are available in Montana Code Annotated 76-16-101.

Creation and Purpose

If three or more persons who own or control commensurate property and are livestock operators within the area proposed to be created into a state district decide to incorporate a state district, they shall submit a statement in writing to the grass conservation commission together with a plat showing the proposed boundaries of the area (76-16-201). If the creation of the state district appears feasible, beneficial, and desirable to those who own or control more than 50% of the lands to be included in the state district, the commission may issue a certificate of approval (76-16-203). The purpose of the grazing district is to provide for the conservation, protection, restoration, and proper utilization of grass, forage, and range resources of the state of Montana; to permit the setting up of a form of grazing administration which will aid in the unification or control of all grazing lands within the state where the ownership is diverse and the lands intermingled; and to provide for the stabilization of the livestock industry and the protection of dependent commensurate properties (76-16-102).

Membership

Membership in a state district is limited to persons engaged in the livestock business who own or lease forage-producing lands within or near the state district, except that the agent of a person entitled to membership in the state district may become a member in place of the agent’s principal (76-16-302).

Authority

A state district may acquire livestock and livestock products, forage producing lands, and facilities for the care of livestock (76-16-305). The district will manage and control the use of its range and agricultural lands acquired under 76-16-305; undertake reseeding and other approved conservation and improvement practices of depleted range areas or abandoned farm lands and enter into cooperative agreements with the federal government or any other person for the reseeding or conservation and improvement practices; and employ and discharge employees, riders, and other persons necessary to properly manage the state district (76-16-306). The district may also regulate stock grazing in accordance with 76-16-308, control trespassing livestock (76-16-311), and distribute grazing preferences (76-16-401).

Funding

The commission may impose fees against the state districts in an amount not in excess of 10 cents per animal unit month of grazing preference to defray expenses incurred by the commission in carrying out its powers and duties under this chapter (76-16-106). A state district may fix and determine the amount of grazing fees to be imposed on members or nonmembers for the purpose of paying leases and operating expenses and fix and determine the amount of assessments to be made on members on a grazing preference basis for the purpose of acquiring lands by purchase or for the purpose of constructing improvements in the state district. The district may also borrow money and if necessary mortgage the physical assets of a state district to provide for operation and development, provided that at least 80% of the permittee members of the state district consent in writing to the borrowing and the borrowing has been approved by the commission (76-16-323).

Livestock Protective Committee

The complete livestock protective committee statutes are available in Montana Code Annotated (81-6-101).

Creation and Purpose

A majority of cattle owners petition the governing authority to form a cattle protective committee. Upon receipt of the petition authorities establish the committee (81-6-101). Members serve to advise, assist, and cooperate with other public officials who have duties pertaining to the cattle industry. These duties may include but are not limited to brand inspection, prevention of livestock rustling, enforcement of laws governing movement and sale of livestock, and treatment and prevention of livestock diseases (81-6-103).

Membership

Governing authorities appoint three members to serve on the committee. Members must be residents of the county engaged in the business of raising cattle. They serve two year terms on the committee (81-6-101).

Authority

The livestock protective committee serves to advise governing authorities (81-6-101). Committee members may recommend to governing authorities the appointment of a special livestock deputy to assist the Montana Department of Livestock and the sheriff in their livestock-related duties (81-6-105).

Funding

Committee members may recommend to the governing authorities that a fee be imposed upon all cattle nine months or older in the county. The collected money will be deposited and known as the livestock special deputy fund (81-6-104).

Cattle Protective District

The complete cattle protective committee statutes are available in Montana Code Annotated 81-6-201.

Creation and Purpose

A majority of cattle owners within the proposed district area must petition governing authorities for the establishment of a cattle protective district. Upon receipt of the petition, governing authorities may authorize the creation of the district (81-6-206). Members serve to advise, assist and cooperate with other public officials who have duties pertaining to the cattle industry. These duties may include but are not limited to brand inspection, prevention of livestock rustling, enforcement of laws governing movement and sale of livestock, and treatment and prevention of livestock diseases (81-6-103, and 81-6-208).

Membership

Governing authorities appoint three members to serve on the committee. Members must be residents of the county engaged in the business of raising cattle. They serve two-year terms on the committee (81-6-101, and 81-6-207).

Authority

The livestock protective committee serves to advise governing authorities (81-6-103, and 81-6-208). Committee members may recommend to governing authorities the appointment of a special livestock deputy to assist the Montana Department of Livestock and the sheriff in their livestock-related duties (81-6-105).

Funding

Committee members may recommend to the governing authorities that a fee be imposed upon all cattle nine months or older in the county. The collected money will be deposited and known as the livestock special deputy fund (81-6-209).

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Schools

Elementary School Districts

The complete elementary school districts statutes are available in Montana Code Annotated 20-6-201.

Creation and Purpose

An elementary district is a district organized for the purpose of providing public education for all grades up to and including grade 8 and for preschool programs and kindergartens. An elementary district may be inactive if the district attaches to a high school district under the provisions of 20-6-701 to form a K-12 school district (20-6-101).

Membership

The board of trustees are elected the first Tuesday after the first Monday in May each year. Whenever the county superintendent changes an elementary district’s classification with the result that a larger number of trustees is required on the elementary board of trustees, the increased number of trustee positions must be filled in the manner provided for in 20-3-302 (20-6-201). The number of trustees on the board depends on the size of the school district. Typically, small school districts have three trustees; large school districts have seven trustees. Each trustee is elected for a three-year term. See 20-3-341 and 20-3-351 for specific information.

Authority

The trustees of any district other than a high school district operating a county high school shall have the power and the responsibility to hold in trust all real and personal property of the district for the benefit of the schools and children of the district (20-6-602).

Funding

The trustees make policy, adopt and administer the annual budget, approve expenditures, make required reports to various agencies, establish elections, and enforce the requirements for government of the school district according to state law. A detailed list of these duties is found in 20-3-324.

High School Districts

The complete high school districts statutes are available in Montana Code Annotated 20-6-301.

Creation and Purpose

A high school district is a district organized for the purpose of providing those public educational services authorized by this title for all grades beyond grade 8, including postsecondary programs, except those programs administered by community college districts or the Montana university system. A high school district with an attached elementary district may provide the educational services for an elementary district through the procedures established in 20-6-701 through 20-6-703 (20-6-101).

Membership

Board of trustees are elected the first Tuesday after the first Monday in May each year. Whenever the classification of such elementary district is changed, the classification of a high school district must be changed accordingly and the county superintendent shall adjust the number of additional high school district trustee positions in accordance with the method prescribed in 20-3-354 for the determination of the number of additional trustee positions required for a high school district. The number of trustees on the board depends on the size of the school district. Typically, small school districts have three trustees; large school districts have seven trustees. Each trustee is elected for a three-year term. See 20-3-341 and 20-3-351 for specific information.

Authority

In the name of the county, the trustees of a high school district operating a county high school, as defined by 20-6-101, shall have the power and the responsibility to hold in trust all real and personal property of the districtfor the benefit of the schools and children of the district (20-6-602).

Funding

The trustees make policy, adopt and administer the annual budget, approve expenditures, make required reports to various agencies, establish elections, and enforce the requirements for government of the school district according to state law. A detailed list of these duties is found in 20-3-324.

K-12 School Districts

The complete K-12 school districts statutes are available in Montana Code Annotated 20-6-701.

Creation and Purpose

Each elementary district with the same district boundaries as a high school district shall attach to the high school district for the purpose of establishing a K-12 school district. The trustees of each district shall pass a resolution requesting the county superintendent to order an attachment involving their districts (20-6-701).

Membership

The number of elected trustees of the K-12 school district must be based on the classification of the attached elementary district under the provisions of 20-3-341 and 20-3-351 (20-6-702). The number of trustees on the board depends on the size of the school district. Typically, small school districts have three trustees; large school districts have seven trustees. Each trustee is elected for a three-year term. See 20-3-341 and 20-3-351 for specific information.

Authority

A high school district with an attached elementary district may provide the educational services for an elementary district through the procedures established in 20-6-701 through 20-6-703 (20-6-101).

Funding

The trustees make policy, adopt and administer the annual budget, approve expenditures, make required reports to various agencies, establish elections, and enforce the requirements for government of the school district according to state law. A detailed list of these duties is found in 20-3-324.

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Taxation

Resort Area District

The complete resort area district statutes are available in Montana Code Annotated 7-6-1501.

Creation and Purpose

Governing authorities establish resort area districts following the area’s designation as a resort area by the Montana Department of Commerce, a petition from landowners signed by at least 10% of the registered voters within the resort area., a public hearing, and a referendum (7-6-1501, 1504, 1508, 1532, 1533, 1534, 1536, 1539).

Membership

Five members are elected to the resort area district board of directors by voters within the resort area district. Directors serve four year terms. Remaining directors appoint new members to fill vacant terms (7-6-1543, 1546).

Authority

The board shall exercise the powers of governing the resort area and carrying out the responsibilities of imposing a resort tax (7-6-1508). The resort district board may sue and be sued, acquire real and personal property, make contracts, and employ labor. The resort district area board of directors can appropriate and expend revenue from the resort tax for any activities, undertakings or administrative needs authorized by the resolution creating the resort area or adopting the resort tax (7-6-1542).

Funding

A resort tax may be imposed with the resort area following a petition from landowners to governing authorities, public hearing, and referendum. A resort tax may be imposed even if the resort area is not a resort area district. If imposed in a resort area, governing authorities allocate the uses of the tax revenue. However, if imposed in a resort area district, the board governing the district allocates the uses of tax revenue (7-6-1504, 1509). The rate of the resort tax must be established by the election petition or resolution provided for in 7-6-1504, but the rate may not exceed 3%, except as provided in 7-6-1503 (1)(b) (7-6-1503).

County Land Advisory Board

The complete county land advisory board statutes are available in Montana Code Annotated 7-8-2701.

Creation and Purpose

Each county must have a county land advisory board (7-8-2703). The board serves to advise, upon request, the boards of county commissioners about the direction, control, care, management, appraisal, lease, sale, exchange, and disposition of land. The board may cooperate with governing authorities in establishing grazing districts. Members advise upon grazing district and agricultural lease fees, terms, and conditions (7-8-2708, 2709).

Membership

Five members are appointed by the district court judged to serve on the land board. Each member will serve six year terms (7-8-2704, 2705).

Authority

This board serves to advise, upon request, governing authorities about the direction, control, care, management, appraisal, lease, sale, exchange, and disposition of land (7-8-2708, 2709).

Funding

The board may act in an advisory capacity in fixing the fees, terms, and conditions of grazing and agricultural leases (7-8-2709). The members shall serve without pay (7-8-2706).

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Transportation

Urban Transportation District

The complete urban transportation district statutes are available in Montana Code Annotated 7-14-201.

Creation and Purpose

The urban transportation district process begins with 20% of electors (living within the proposed district) petitioning governing authorities to create the district. Upon receiving the petition, a public hearing is held; followed by an election. If a majority of the votes cast during the election are in favor of district creation, the authorities shall issue a resolution creating the district (7-14-203, 207, 210, 212). The board shall establish, operate, improve, maintain, and administer the transportation district to supply transportation services and facilities to district residents and other persons (7-14-219).

Membership

The urban transportation district is governed by a transportation board. The governing authorities and the governing body of the town or city included within the district will determine by resolution whether the board is elected or appointed, the number of board members, the term of office, and the procedure for filling vacancies (7-14-212).

Authority

The transportation board will have all powers to establish, operate, improve, maintain, and administer the urban transportation district. The board will hire an administrative officer for the district (7-14-219, 220).

Funding

Annually, the board will submit a budget to governing authorities with the amount of money needed for the year. Governing authorities will levy a tax in mills upon property within the district to fund the district’s operation (7-14-231, 7-14-232). The board may borrow money by issuing general obligation or revenue bonds (7-14-235).

Transportation Improvement Authority

The complete transportation improvement authority statutes are available in Montana Code Annotated 7-14-1001.

Creation and Purpose

A county and a municipality within a county may, by joint resolution, create a transportation improvement authority authorized to exercise its functions upon the appointment and qualification of the first commissioners (7-14-1002). The purpose of a transportation improvement authority is to blend the interests of local, state, and federal governments with the interests of the general public and the business community to build, modify, or improve transportation facilities and systems within its jurisdiction (7-14-1001).

Membership

The resolution creating the transportation improvement authority must create a board of nine commissioners appointed as follows: two county officials appointed by the county commissioners; two public members appointed by the county commissioners; two municipal officials appointed by the governing body of the municipality; two public members appointed by the governing body of the municipality; and one member appointed by the governor (7-14-1002). Each commissioner shall hold office until a successor is appointed and has qualified. The certificate of the appointment or reappointment of a commissioner must be filed with the authority (7-14-1003).

Authority

A transportation improvement authority may be increased to serve one or more additional counties or municipalities if each additional county or municipality, each county and municipality included in the authority, and the commissioners of the authority adopt a joint resolution consenting to the increase. The number of additional commissioners to be appointed must be provided for in the joint resolution (7-14-1002).

Funding

A county and a municipality for which a transportation improvement authority has been created may lend or donate money to the authority and provide that all or a portion of the taxes or funds available or required by law to be used by the county or municipality for transportation purposes be transferred to the authority as the funds become available (7-14-1004).

The transportation improvement authority has the power to receive and disburse federal, state, and other public or private funds made available by grant, loan, contribution, or other source to accomplish the purposes of this part. Federal money must be accepted and spent by the authority upon terms and conditions prescribed by the United States and consistent with state law. All state money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the state (7-14-1005)

Railway Authority

The complete railway authority statutes are available in Montana Code Annotated 7-14-1601.

Creation and Purpose

A railway authority may be established by the governing authorities following a resolution of intent, a public hearing, and a resolution of creation (7-14-1611, 1612, 1613). Railway authorities preserve and improve abandoned rail service for agriculture, industry, or passenger traffic, or preserve abandon railroad rights-of-way for future transportation uses (7-14-1602).

Membership

A board of directors governs the railway authority. Five directors are appointed by the governing authorities. Directors serve two year terms and must live within the boundaries of the authority (7-14-1613).

Authority

Railway authorities may establish, operate, maintain, regulate, and protect railroads and railroad facilities. The authority may provide railroad services or contract for railroad operation, may grant the privilege of supplying goods along the railway and make services available (7-14-1602, 1625, 1635).

Funding

Railway authorities are funded through a mill levy (levied by governing authorities upon voter approval), bonds, fees charged for services provided, and grants (7-14-1632, 1635, 1636).

Parking Commission

The complete parking commission statutes are available in Montana Code Annotated 7-14-4601.

Creation and Purpose

It is hereby determined and declared that excessive curb parking of motor vehicles in urban and metropolitan areas and the lack of adequate offstreet parking facilities in some cities is against the public interest; therefore, the purpose of this part is to provide means whereby cities in which additional offstreet parking facilities are considered necessary may obtain and provide same and whereby such cities may regulate onstreet and offstreet parking in a coordinated manner (7-14-4601). The determination as to whether there is need for a commission to function may be made by the legislative body on its own motion or upon the filing of a petition signed by 100 residents of the city asserting that there is need for a commission to function in such city and requesting that the legislative body so declare (7-14-4605).

Membership

The mayor, with the approval of the legislative body, shall appoint not less than five or more than seven electors of the city as members of the commission (7-14-4609). Three of the members who are first appointed must be designated to serve for terms of 1, 2, and 3 years, respectively, from the date of their appointments, and two must be designated to serve for terms of 4 years from the date of their appointment. For a seven-member commission, there must be two additional appointments of 2 years and 3 years, respectively (7-14-4610).

Authority

For the purpose of offstreet parking, each parking commission, subject to the limitations imposed by this part, may lay out, open, extend, widen, straighten, establish, or change the grade, in whole or in part, of public parking facilities and public rights-of-way necessary or convenient for offstreet parking; insure or provide for the insurance of any real or personal property or operation of the parking commission against risks or hazards; acquire, construct, rent, lease, maintain, and repair real and personal property used for parking services, either on behalf of the parking commission or as an agent of the city, including the leasing of the operation of the offstreet parking; and regulate onstreet parking when it remains in use, in coordination with offstreet parking, subject to traffic regulations imposed by the state (7-14-4622).

Funding

When any city or the commission created for it becomes authorized to transact business and exercise the powers of a parking commission, the legislative body of the city, subject to its fiscal law, may, at that time and from time to time thereafter, make an estimate of the amount of money required for administrative purposes of the commission and may appropriate such amounts to the commission as it deems necessary, subject to such conditions as the legislative body may prescribe (7-14-4613).

Aerospace Transportation and Technology District

The complete aerospace transportation and technology district statutes available in Montana Code Annotated 7-15-4296 have been repealed. See 7-15-4279 Targeted economic development districts.

County Transportation Committee

The complete county transportation committee statutes are available in Montana Code Annotated 20-10-101.

Creation and Purpose

Each county shall establish a county transportation committee (20-10-131). The county transportation committee will establish the transportation service areas within the county for each district that operates a school bus transportation program. The committee will disregard district boundaries when creating the program. The committee will also approve, disapprove, or adjust applications for increased reimbursements for individual transportation because of isolated conditions and requests for new or adjusted school bus routes submitted by trustees (20-10-132).

Membership

The county transportation committee must have at least five members. The membership of the committee consists of: The county superintendent; Presiding officer of the board of county commissioners (or a member designated by the presiding officer); Except in K-12 school districts, one trustee from each high school district in the county (or a district employee designated by the trustees); One representative from each high school district of the county who is a trustee of an elementary district encompassed within the high school district and who has been selected at a meeting of the trustees of the elementary districts; Two representatives of each K-12 school district of the county, each of whom is either a trustee or a district employee designated by the trustees; and a representative of a district of another county when the transportation services of the district are affected by the actions of the county transportation committee, but the representative has a voice only in matters affecting transportation within the district or by the district The county superintendent is the presiding officer (20-10-131).

Authority

The county transportation committee may conduct hearings to establish facts of transportation controversies, review requests for changes in bus routes, and determine if geographic locations make it impractical for a child to attend school in their county of residence (20-10-132).

Funding

The trustees of a district furnishing transportation to pupils who are residents of the district shall provide a transportation fund budget that is adequate to finance the district’s transportation contractual obligations and any other transportation expenditures necessary for the conduct of its transportation program (20-10-143). The trustees shall report the transportation fund budget on the regular budget form prescribed by the superintendent of public instruction in accordance with 20-9-103, and the adoption of the transportation fund budget must be completed in accordance with the school budgeting laws.

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Water

Regional Resource Authority

The complete regional resource authority statutes are available in Montana Code Annotated 7-10-101.

Creation and Purpose

A petition requesting the establishment or expansion of a regional resource authority must be signed by at least 10% of the registered electors within the boundaries of the territory proposed to be organized into the authority or expansion and must be presented to the board of governing authorities of the county in which the proposed authority or expansion is located (7-10-102). Electors residing within the boundaries of a proposed regional resource authority may create or expand an authority by proceeding under the provisions of this chapter. Regional resource authorities may be created to provide for collaboration and coordination in the conservation of water resources or in the management of water resources for agricultural and recreational uses (7-10-101).

Membership

The initial members of the local governing body must be appointed by the county commissioners in the county where the election is administered pursuant to 7-10-104(4), based on the recommendations of the petitioners. The commissioners shall appoint members of the governing body to staggered 2-year and 4-year terms. The appointments under subsection (1) must be made within 30 days after the adoption of the resolution for creation provided for in 7-10-105. Prior to the expiration of the initial appointments, the governing body shall divide itself into districts from which members are elected to succeeding terms (7-10-110).

Authority

A regional resource authority has power to purchase and hold lands within its limits; make contracts and purchase and hold personal property that may be necessary to the exercise of its powers; make orders for the disposition or use of its property that the interests of its inhabitants require; and acquire by eminent domain, as provided in 70-30-101, any interest in property for a public use authorized by law. All other powers and limitations are outlined in 7-10-115.

Funding

A regional resource authority has the power, subject to 15-10-420, to levy and collect taxes for public or governmental purposes, as described in 7-6-2527, under its exclusive jurisdiction unless prohibited by law and impose fees or assessments for services provided (7-10-115).

Metropolitan Sanitary and/or Storm Sewer Districts

The complete metropolitan sanitary and/or storm sewer district statutes are available in Montana Code Annotated 7-13-101.

Creation and Purpose

Whenever the public convenience and necessity may require, in order to construct sanitary and/or storm sewer systems within any county, which sanitary and/or storm sewer systems would serve the inhabitants of any county as well as the inhabitants of any city or town within said county, the board of county commissioners, with the approval of the city or town council, may create metropolitan sanitary and/or storm sewer districts (7-13-101).

Membership

The board of county commissioners shall be ex officio commissioners of the metropolitan sanitary and/or storm sewer district formed under the provisions of this part and shall have sole and complete jurisdiction over all drainage structures and sewage treating plants which are now or may be hereafter built and situated within said district (7-13-112).

Authority

Before ordering any of the proposed improvements, the board of county commissioners shall pass a resolution creating the metropolitan sanitary and/or storm sewer district in accordance with the resolution of intention theretofore introduced and passed by the board. The board shall be deemed to have acquired jurisdiction to order improvements immediately upon the occurrence of one of the following: (a) when no protests have been delivered to the county clerk within 30 days after the date of the first publication of the notice of the passing of the resolution of intention; (b) when a protest shall have been found by said board to be insufficient; (c) when a protest shall have been overruled (7-13-111).

Funding

The governing body may levy a tax against all property within the district. Government-owned land is exempt from such taxes or other assessments and all costs assessed against it will be paid out of the county’s general fund. Governing authorities may also establish rates for services and benefits provided by the district to pay for operation and maintenance fees (the money raised by these rates is called the operating and maintenance fund). Governing authorities may also apply for federal grants and may borrow from the federal government (7-13-121, 122, 124, 141, 142).

Governing authorities may issue metropolitan sanitary and/or sewer district bonds to finance major improvements within the district. To ensure prompt payment of the bonds, a reserve fund is established. Governing authorities may transfer money from the operating and maintenance fund to the reserve fund (7-13-151, 152).

County Water and/or Sewer Districts

The county water and/or sewer district statutes are available in Montana Code Annotated 7-13-2201 and 7-13-2301.

Creation and Purpose

A county water and/or sewer district may be organized and incorporated and managed as herein expressly provided and may exercise the powers herein expressly granted or necessarily implied. The people of any county or counties or portion of a city or a county or city and county or any combination of these political divisions, whether such portion includes unincorporated territory or not, in the state of Montana, may organize a county water and/or sewer district under the provisions of this part and part 23 by proceeding as therein provided (7-13-2203).

The purpose of the district board is to acquire (construct, purchase, or lease), operate, and maintain water rights, waterworks, sanitary sewerworks, storm sewerworks, canals, conduits, reservoirs, lands, and rights useful or necessary to store, conserve, supply, produce, convey, or drain water or sewage for purposes beneficial to the district. Beneficial purposes include flood prevention and control, irrigation, drainage, municipal, industrial, and domestic water supplies, pollution abatement, recreation and wildlife and livestock water supply (7-13-2218).

Membership

In all cases where the boundaries of such district include any municipality or municipalities, said board, in addition to said five or three directors to be elected as aforesaid, shall consist of one additional director for each of said municipalities within such district, each such additional director to be appointed by the mayor of the municipality for which said additional director is allowed, and, if there be any unincorporated territory within said district, one additional director to be appointed by the board of county commissioners of each county containing such territory (7-13-2232). If there are no municipalities within the boundaries of said district, the board of directors shall consist of five members or three members if there are 10 or less qualified electors in the district (7-13-2232).

Authority

The water and sewer district may sue and be sued, adopt a seal, make contracts, employ labor and take by grant, purchase, gift, devise, or lease and to hold, use, enjoy, and to lease or dispose of real and personal property of every kind, within or without the district, necessary to the full exercise of its powers (7-13-2217). These boards may issue bonds to finance indebtedness and levy taxes. Special levy assessments are also authorized for payment of bonds (7-13-2221).

Funding

Districts can accept funds and assistance from federal, state, and public or private sources and may issue bonds to finance indebtedness and levy taxes (7-13-2221).

Local Water Quality District

The complete local water quality district statutes are available in Montana Code Annotated 7-13-4501.

Creation and Purpose

The creation a local water quality district begins when the governing authorities hold a public meeting concerning the creation of the district. Next, authorities pass a resolution of intention. The resolution is passed to any city or town’s government located within the district, followed by a public hearing. Governing authorities may create the district by resolution if insufficient protest is made or, the board may cause a referendum to be submitted to the voters. If voters approve the referendum, governing authorities may pass a resolution creating a local water quality district (7-13-4504, 4506, 4510, 4512, 4513). The board of directors develop and implement a local water quality program (approved by the county commissioners) to protect, preserve, and improve the quality of surface and ground water within the district. The program is submitted to the board of environmental review. Directors also employ personnel, administer the budget and any ordinances passed by commissioners or cities and towns pertaining surface and ground water, and to and purchase, rent, or lease equipment necessary to implement the program (7-13-4517).

Membership

The district is governed by a board of directors of at least five members; each serving three year terms. Governing authorities appoint: One member of the governing body of a city-county consolidated government; one member from the governing body of each incorporated city or town that is included in the district; one member of the county or city-county board of health; and one conservation district supervisor. Remaining board members are persons whose residences or businesses are distributed equally throughout the district if a county is the only unit of local government participating in the district (by mutual agreement if more than one unit of local government is located within the district) (7-13-4516).

Authority

The local water quality district may implement a local water quality program, administer the budget of the local water quality district, employ personnel, administer local ordinances that are adopted by the governing bodies, apply for and receive monies from the federal or state government (7-13-4517).

Funding

Governing authorities will determine fee rates according to a classification system. The classification system is based upon the volume and type of waste produced and the volume of water withdrawn at each fee-assessed unit. Water used for irrigation and livestock use and related discharge cannot be assessed fees (7-13-4523).

Regional Water and Wastewater Authorities

The complete weed district statutes are available in Montana Code Annotated 75-6-301.

Creation and Purpose

It is the purpose of this part to permit certain public agencies to make the most efficient use of their powers relating to public water supplies and the transportation and treatment of wastewater by enabling them to cooperate with other public agencies on a basis of mutual advantage and to provide services and facilities to participating public agencies. It is also the purpose of this part to provide for the establishment of a public body, corporate and politic, that is known as a regional water authority or, when appropriate, a regional wastewater authority or regional water and wastewater authority. The function of the regional water authority is to secure a source of water on a scale larger than is feasible for individual public agencies acting alone and to sell the water to public service districts, municipalities, publicly and privately owned water utilities, and others. The function of the regional wastewater authority is to enable public agencies to join together to provide the most economical method of transportation and treatment of wastewater and to provide the transportation and treatment services to public service districts, municipalities, publicly and privately owned wastewater utilities, and others. The function of the regional water and wastewater authority is to enable public agencies to join together to carry out the joint functions of both a regional water authority and a regional wastewater authority (75-6-302).

Membership

The governing body of the authority shall consist of not less than three persons selected by the participating public agencies. Each participating public agency shall appoint at least one member. Each member’s full term may not be less than 1 year or more than 4 years, and initial terms must be staggered in accordance with procedures set forth in the agreement provided for in 75-6-305 and amendments to the agreement. In the case of an authority that is made up by the agreement of two public agencies, each public agency shall appoint two representatives to the governing body (75-6-311).

Authority

The governing body has and may exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this section (75-6-313). Specific powers may not be considered as a limitation upon any power necessary or appropriate to carry out the purposes of this part.

Funding

A public agency entering into an agreement pursuant to this part may appropriate funds and may sell, lease, give, or otherwise supply to the authority personnel or services for the operation of the authority as may be within its legal power to furnish (75-6-306).

Irrigation District

The complete irrigation district statues are available in Montana Code Annotated 85-7-101.

Creation and Purpose

Irrigation districts may be formed when it is proposed by 60% of the holders of title or evidence of title to lands sought to be included in an irrigation district. The district shall be formed in compliance with federal reclamation laws, which permit the construction of irrigation works, including drainage works, or for purchase, extension, operation, or maintenance of constructed works (85-7-101). Before the district is established, there shall be a written report or opinion from the department of natural resources and conservation on the engineering features involved and the possibilities of water supplies, accompanied by a copy of the decree of the district court showing the adjudicated water rights in said streams from which said waters are to be diverted (85-7-103).

Membership

Commissioners for the irrigation district must own irrigable land within the division of the district that the individual would represent. They must also be a resident of the county, or an adjoining county, in which some portion of the division of the district that the individual would represent is located (85-7-1501). The commissioners appointed shall hold their respective offices until their respective successors are elected and qualified. Each of the commissioners shall qualify in the same manner as justices of the peace. The bond for a commissioner must be approved by the district court or judge of the district court and filed in the office of the clerk of the court located (85-7-1501). The regular election for commissioners in each district must be held annually in accordance with 13-1-104 and 13-1-305. Commissioners are elected by the electors of the entire district (85-7-1702).

Authority

The board shall have the power to adopt a corporate seal therefor; make and execute all necessary contracts; and employ and appoint such agents, officers, and employees as may be required and prescribe their duties. It shall be the duty of said board to pass or adopt bylaws and rules for the apportionment and distribution of water to the lands of the district and for the protection and preservation of the works and other property of the district, and the board may therein require the prompt payment of all current and delinquent taxes and assessments and other financial obligations owing the district as a prerequisite to water service (85-7-1902). The board and its agents have the right to enter upon any land to make surveys (85-7-1903); acquire water and water rights (85-7-1904); construct irrigation works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume (85-7-1909); regulate, supervise, apportion, and control the furnishing and delivery of water through the distribution system of the district (85-7-1922); and acquire, construct, maintain, and lease various undertakings as defined in 85-7-1402 (85-7-1411). The irrigation district may not impede navigation of a navigable channel (85-7-1932).

Funding

The board of commissioners of the district shall provide for the annual levy and collection of a special tax or assessment upon all the lands included in the district, or in a sub-district if the bonds are to be issued on behalf of the sub-district, and subject to taxation and assessment (85-7-2101). All irrigable lands in each irrigation district and all lands in each sub-district of the district must pay at the same rate for all purposes for which the lands are charged, except as otherwise provided by law (85-7-2103).

Drainage District

The complete drainage district statues are available in Montana Code Annotated 85-8-101.

Creation and Purpose

Drainage districts shall be petitioned whenever a majority of the owners of lands within any district of land who shall represent one-third in area of the land within said district to be reclaimed or benefited or whenever the owners of more than one-half of the lands within such district desire to construct one or more drains, ditches, levees, waste ditches, or other works across the lands of others or to straighten, widen, deepen, or otherwise alter any natural stream or watercourse not navigable, for the promotion of the public health or welfare and the drainage of the lands and removal of surface waters therefrom; or desire to maintain and keep in repair any such drain, ditch, or levee heretofore constructed under any law of this state (85-8-101).

Membership

When a district is created the commissioners appointed by the judge or court shall hold office until the first Tuesday in May following their appointment and until their successors are elected (85-8-301). Commissioners must be an actual landowner in the division in which they were elected, and must be a resident of a county where a portion of the district lands is situated (85-8-302). The regular election of commissioners must be held annually in accordance with 13-1-104 and 13-1-305.

Authority

The commissioners shall appoint one or more attorneys to assist in the establishment of the district, advise with its officers, agents, and employees, and prepare reports and other necessary documents. They shall appoint a competent civil and drainage engineer, who may be an individual, a partnership, or a corporation, who may employ assistants and make surveys, and who, with the approval of the court, may employ a consulting engineer or secure expert advice. The expense of the engineer, the engineer’s assistants, and the consulting engineer must be taxed as expenses under the petition (85-8-321). The district may acquire lands, easements, and rights-of-way sites; carry out necessary measures for the prevention of floodwater and sediment damages; enter into agreements with state agencies and political subdivisions of the state; construct, operate, and maintain such works of improvement; and make assessments and issue bonds for carrying out the purposes of the district (85-8-702).
The commissioners, their agents, servants, and employees shall have the right to go upon all lands along any drain, ditch, levee, or embankment in their district to inspect, deepen, widen, and repair the same (85-8-363). They have the right to lay-out and construct all necessary drains, ditches, and levees across any railway right-of-way in their district (85-8-366).

Funding

The commissioners shall certify to the department of revenue a correct list of all the district lands in each county and the owners of the lands, together with a statement of the amount of the total tax or assessment against the lands for district purposes for that year. The county treasurer of each county in which a drainage district is located, in whole or in part, shall collect and receipt for all taxes and assessments levied by the district (85-8-601). The district may also receive financial assistance from state agencies and political subdivisions of the state, other organizations created under state laws, and the government of the United States and agencies thereof. They may also accept contributions from private landowners for the purposes of the district (85-8-702).

Conservancy District

The complete water conservancy district statues are available in Montana Code Annotated 85-9-101.

Creation and Purpose

The water conservancy district will be comprised of an area in one or more counties to prevent and control floods, erosion, sedimentation; provide for regulation of stream flows and lake levels; improve drainage and to reclaim wet or overflowed lands; promote recreation; develop and conserve water resources and related lands, forest, fish, and wildlife resources; further provide for the conservation, development, and utilization of land and water for beneficial uses, including but not limited to domestic water supply, fish, industrial water supply, irrigation, livestock water supply, municipal water supply, recreation, and wildlife (85-9-102). To request a preliminary survey for a proposed conservancy district, the applicants shall present a written petition to the department in accordance with 85-9-201.

Membership

If a district is organized, the court shall establish by court order the number of persons who shall comprise the directors and appoint persons who are electors within the district to membership on the board of directors and fix their compensation. The number may not be less than 3 or more than 11 persons. In fixing the number and making the appointments, the court shall consider the interests and purposes to be served by the district. Upon a verified petition filed by a majority of the directors and for good cause shown, the court may enlarge or reduce the membership of the directors but not to be less than 3 or more than 11. Approximately one-third of the directors first appointed serve for 1 year, approximately one-third serve 2 years, and the remainder serve 3 years. All succeeding terms must be 3 years. Unless excused for good cause, a director who misses three consecutive regular meetings has vacated the position (85-9-401).

Authority

The directors of a conservancy district may sue and be sued, adopt a seal, provide for reimbursing of their members for actual expenses, merge with other special districts as hereinafter provided, and call upon the county attorney or attorney general for such legal services as the district may require or, in the discretion of the directors, employ private legal counsel (85-9-403). On behalf of a district, the director has certain powers over private properties and those acquired or maintained by the district (85-9-405). They may also adopt rules regarding recreational water use (85-9-404), and have certain powers over finances (85-9-406). Limitations of the conservancy district are detailed in 85-9-104.

Funding

To the extent that anticipated revenues from rates, fees, and other charges fixed pursuant to 85-9-407 will not be sufficient to meet the district’s anticipated obligations for annual operation, the directors may make an assessment of not more than 2 mills on all taxable real property in the district for the purpose of fully meeting such obligations. In addition, the directors may annually make an assessment of up to 3 mills on the taxable real property in the district to pay interest and principal on bonded indebtedness (85-9-601).

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Weeds

Weed District

The complete weed district statutes are available in Montana Code Annotated 7-22-2101.

Creation and Purpose

Each county will have a weed management district (7-22-2102). The weed district will develop and implement a noxious weed management program in the district (7-22-2109). The city or town council has power to declare and determine what vegetation within the city or town shall be nuisance weeds and provide the manner in which they shall be exterminated (7-22-4101).

Membership

Each weed district will be governed by a district weed board. The membership of the board will be appointed by governing authorities subject to the general board statutes 7-1-201 through 203 (7-22-2103).

Authority

Management criteria for noxious weeds within the district will be developed by the board. The board may employ a coordinator and other employees to carry out the program. Chemicals, materials, and/or equipment may be purchased with money from the noxious weed fund (7-22-2109).

Funding

Governing authorities will create a noxious weed fund. The authorities can appropriate money from any source in an amount of not less than $100,000 or an amount equivalent to 1.6 mills levied upon the taxable value of all property and subject to 15-10-420 and at any time fixed by law for levy and assessment of taxes, levying a tax of not less than 1.6 mills on the taxable value of all taxable property in the county (7-22-2141, 2142).

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Additional Information

Organizations / Associations

Montana State University Extension
P.O. Box 172240
Bozeman, MT 59715-2240
Phone: (406) 994-3620
http://www.msuextension.org


Montana Association of Counties
2715 Skyway Drive
Helena, MT 59602-1213
Phone: (406) 449-4360
http://www.mtcounties.org


MSU Local Government Center
P.O. Box 172240
Bozeman, MT 59717-2240
Phone: (406) 994-6694
http://www.msulocalgov.org/


American Institute of Parliamentarians
550M Ritchie Highway #271
Severna Park, MD 21146
Phone: (888) 664-0428
http://www.parliamentaryprocedure.org/


National Association of Counties
440 First Street, N.W.
Washington, DC 20001
Phone: (202) 393-6226
http://www.naco.org


National Association of Parliamentarians
213 South Main Street
Independence, MO 64050-3850
Phone: (816) 833-3892
http://parliamentarians.org/

 

National Association of Counties
440 First Street, N.W.
Washington, DC 20001
Phone: (202) 393-6226
http://www.naco.org

 

National Association of Parliamentarians
213 South Main Street
Independence, MO 64050-3850
Phone: (816) 833-3892
http://parliamentarians.org/

State Agencies
Department of Natural Resources and Conservation
1625 Eleventh Ave.
Helena, MT 59620-0701
Phone: (406) 444-2074
http://www.dnrc.mt.gov


Department of Commerce
301 S. Park
P.O. Box 200501
Helena, MT 59620-0501
Phone: (406) 841-2700
http://commerce.mt.gov/


Department of Revenue
125 N. Roberts, 3rd Floor
Helena, Montana 59620
Phone: (406) 444-6900
http://revenue.mt.gov/


Department of Justice
P.O. Box 201401
Helena, MT 59620-1401
Phone: (406) 444-2026
http://www.doj.mt.gov/


Human Rights Bureau
P.O. Box 1728
Helena, MT 59624-1728
Phone: (406) 444-2884
http://erd.dli.mt.gov/human-rights


Department of Livestock
PO Box 202001
Helena, MT 59620-2001
Phone: (406) 444-2043
http://liv.mt.gov

 

 

Appendix 1: NEGOTIATION STYLES


(Designed by Terrill L. Croghan and Nancy Yeend from the TKI).
Directions: Read each question, and rank the five responses. Begin by placing a 5 next to the response most like you, most of the time and a 1 next to the response that is least like you, most of the time. When you have marked the two extremes, then go back and indicate which responses are 2, 3, and 4.
1. When I encounter someone whose goals are different from mine, I attempt to
_____ a. avoid the situation.
_____ b. acquiesce to the other.
_____ c. find an intermediate solution.
_____ d. pursue my goals.
_____ e. satisfy both of our goals.
2. When a problem arises between another person and me, I am inclined to
_____ a. hope the problem resolves itself.
_____ b. let them have their way.
_____ c. look for a solution that falls between our two viewpoints.
_____ d. persuade them of the merit of my position.
_____ e. seek to discover our underlying interests.
3. When I am confronted with a dispute, I try to
_____ a. postpone the controversy in hopes that it will
go away.
_____ b. soothe the other’s feelings to preserve our relationship.
_____ c. find a compromise solution.
_____ d. look for ways to justify and enhance my position.
_____ e. seek the other’s help to find a mutually satisfying solution.
4. When I am in a situation that calls for negotiation, I try to look for ways to
_____ a. avoid the face-to-face encounter.
_____ b. please the other party.
_____ c. find middle ground upon which we can agree.
_____ d. get the best for myself
_____ e. obtain mutual benefits
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5. When someone asks me to do something that I believe can be done in a different or better way, I usually
_____ a. could care less how it is done
_____ b. convince myself that doing it their way is best.
_____ c. split the difference between their way and mine.
_____ d. convince them my way it best.
_____ e. seek to find a way to complete the task so that it works for both of us.
Getting the Totals
To obtain an approximate indication of your dispute management style, enter the number you wrote next to each response.
Avd Acc Cop Cpt Col
Q.1 a. __ b. __ c. __ d. __ e. __
Q.2 a. __ b. __ c. __ d. __ e. __
Q.3 a. __ b. __ c. __ d. __ e. __
Q.4 a. __ b. __ c. __ d. __ e. __
Q.5 a. __ b. __ c. __ d. __ e. __
Total ____ ____ ____ ____ ____
Analysis of Answers
The column that has the largest sum indicates your naturally preferred negotiation style. The column with the smallest total is your least preferred style.
What are your negotiation strengths?
_______________________________________________
_______________________________________________
_______________________________________________
What are your negotiation weaknesses?
_______________________________________________
_______________________________________________

 


Appendix 2: SAMPLE BYLAWS
BYLAWS OF _______________________________________ BOARD
ARTICLE I–NAME, PURPOSE
Section 1: The name of the municipal/county board shall be ___________________________.
Section 2: The ______________________________ is organized for the purpose of [insert language used in enabling resolution], more specifically to_____________________________.
ARTICLE II–MEMBERSHIP
Section 1: Membership shall consist only of the members appointed by the Mayor of _________ City/Town or ___ ____County Commissioners.
ARTICLE III–MEETINGS
Section 1: Meetings. The [monthly/quarterly/etc.] meetings will be held on the second Tuesday, of the second month of each quarter at the ___________ meeting room starting at 6:00 p.m.
Section 2: Special Meetings. Special meetings may be called by the [Chair/Chair and one Board Member/Executive Committee/??].
Section 3: Notice. Notice of each meeting will follow the city/county noticing policy
ARTICLE IV – GOVERNING/ADVISORY BOARD
Section 1: Board Role, Size, Compensation. The Board is responsible for (see enabling resolution). The Board shall have up to _________ and not fewer than __________ members. The board receives no compensation other than reasonable expenses.
Section 2: Meetings. The [monthly/quarterly/etc.] meetings will be held on _________________ _______________ at the ___________ meeting room starting at 6:00 p.m.
Section 3: Terms. All Board members shall serve _____ year terms and no more than ______ consecutive terms. Board members are appointed or reappointment by the Mayor of _________ City/Town or the ___ ____County Commissioners.
Section 4: Quorum. A quorum consists of a majority of appointed board members and no official action can be transacted or motions made or passed without a quorum present.
Section 5: Officers and Duties. There shall be _____ officers of the Board consisting of a Chair, Vice Chair and Secretary. Their duties are as follows:
1.
The Chair shall convene regularly scheduled Board meetings, shall preside or arrange for other members of the executive committee to preside at each meeting in the following order: Vice-Chair and Secretary.
2.
The Vice-Chair will chair committees on special subjects as designated by the board.
3.
The Secretary shall be responsible for keeping records of Board actions and/or recommendations, including overseeing the taking of minutes at all board meetings, sending out meeting announcements, and distributing copies of minutes and the agenda to each Board member.
Section 6: Vacancies. When a vacancy on the Board exists, the board may compile a list of nominations for the Mayor/County Commissioners to consider
Section 7: Resignation, Termination and Absences. Resignation from the Board must be in writing and received by the Secretary. A recommendation for removal from the board will be given to the governing body when a Board member has three unexcused absences from Board meetings in a year. A Board member may be removed for other reasons by a three-fourths vote of the remaining directors.
Section 8: Special Meetings. Special meetings of the Board shall be called upon the request of the Chair or one-
93
third of the Board. Notices of special meetings shall follow City/County noticing policy.
Section 9: Voting. The chairperson shall _______________________________________. In the event of a tie vote,
________________________________________________________.
ARTICLE V–COMMITTEES
Section 1: The Board may create committees as needed. The Board Chair appoints all committee chairs.
ARTICLE VI–AMENDMENTS
Section 1: These Bylaws may be amended when necessary by a two-thirds majority of the Board or by resolution passed by the governing authority. Proposed amendments must be submitted to the Secretary to be sent out with regular Board announcements.
These Bylaws were approved at a meeting of the ______________ Board of _____________ (City/County) on _______________________, 20XX.

 

Montana Boards, Districts, Commissions and Committees
(Alphabetical Listing)

Aerospace Transportation and Technology District
Airport Appeals Board 
Airport Board 
Board of County Canvassers 
Business Improvement Districts 
Cattle Protective District 
Cemetery Districts 
City Boards of Health 
City-County Boards of Health 
City-County Planning Boards 
City Planning Boards 
Community Councils 
Conservancy District 
Conservation District 
County Board of Park Commissioners 
County Boards of Health 
County Building Commission 
County Compensation Board 
County Housing Authority 
County Land Advisory Board 
County Park District 
County Planning and Zoning Commission 
County Planning Boards 
County Tax Appeal Board 
County Transportation Committee 
County Water and/or Sewer Districts
County Zoning Board of Adjustment 
County Zoning Commission 
District Boards of Health 
Drainage District 
Elementary School Districts 
Fair Commission
Fire Hydrant Maintenance Districts 
Fire Service Area 
Grazing District 
Health Care Facilities Commission 
High School Districts 
Hospital Districts 
Industrial Districts 

Irrigation District 
Joint Fair and Civic Center Commission
Joint or Consolidated Planning Boards 
K-12 School Districts 
Library Board 
Livestock Protective Committee 
Local Improvement Districts
Local Port Authority 
Local Water Quality District 
Metropolitan Sanitary and/or Storm Sewer Districts
Mosquito Control Board 
Multi-County Fair Districts 
Municipal Airport Authority 
Municipal Board of Park Commissioners
Municipal Housing Authority 
Municipal Zoning Board of Adjustment
Municipal Zoning Commission 
Museum and Facilities for the Arts Board
Open Space Commission
Organizations / Associations
Parking Commission
Public Library District 
Railway Authority 
Regional Airport Authority
Regional Port Authority
Regional Resource Authority 
Regional Water and Wastewater Authorities
Resort Area District 
Rodent Control District
Rural Fire Districts
Rural Improvement Districts
Solid Waste Management District
Special Improvement Districts 
State Agencies
Technology Districts
Television District
Transportation Improvement Authority
Urban Transportation District
Weed District


About the Authors

Jennifer Anderson is the Montana State University Extension Agent in Rosebud-Treasure County, Forsyth, Montana. She can be reached at (406) 346-7320, jenanderson@montana.edu.

Dan Clark is the Director of the Montana State University Extension Local Government Center. He can be reached at (406) 994-7756, daniel.clark@montana.edu.

Tim Fine is the Montana State University Extension Agent in Richland County, Sidney, Montana. He can be reached at (406) 433-1206, tfine@montana.edu.

Ashley Kent is the Associate Director of the Montana State University Extension Local Government Center. She can be reached at (406) 994-6657, ashleykent@montana.edu

Paul Lachapelle is an Assistant Professor of Political Science at Montana State University. He can be reached at (406) 994-3620, paul.lachapelle@montana.edu.

 

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