HELENA – The 2025 Legislature is debating a bill that would restrict local governments from putting rules on private property unless the regulations deal with the health and safety of citizens.
Proponents of the bill say local governments are exerting too much power over private property with regulations that deal with issues like yard size, rental use, occupancy or open space. But opponents argue there is a benefit to local control because local governments have a more intimate knowledge of a community.
Sen. Becky Beard, R-Elliston, is sponsoring Senate Bill 146. She says it is an effort to fight back against “onerous land use regulations.”
“SB 146 renews the local government’s commitment to not infringe on our constitutional right to use our own property,” Beard said at a committee hearing for the bill Tuesday. “It sets a new standard on future local zoning regulations and shifts the burden of proof when challenging local zone and land use regulations.”
But opponents of the bill argue it is too broad and would prevent local governments from protecting cultural sites and the environment.
Micah Fields, speaking on behalf of the Montana chapter of Backcountry Hunters and Anglers, said bills like this have passed in other places with negative effects. He used Houston as a cautionary example.
“Unchecked development from industries has given way to heinously polluted air and water, poor disaster prevention, suburban sprawl and a dearth of affordable housing,” Fields said.
The American Indian Caucus is also opposed to the bill, saying it would make it harder to preserve natural and cultural resources.
Emma White is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Montana Newspaper Association and the Greater Montana Foundation. White can be reached at emma.white@umconnect.umt.edu.
