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Under certain circumstances Montana law currently allows county governments to initiate and adopt zoning measures:
 

  • This is known as Type II or county initiated zoning.

  • The county must have a resolution adopting a Growth Policy in order to implement type II zoning.

  • Growth Policies are not binding and County Commissions are not obligated to follow them.

  • Growth Policies are adopted by a Commission vote, or commissioners may submit them to the qualified electors. (Park County has not submitted Growth Policies to the electorate.)

  • Proposed zoning measures must be consistent with the Growth Policy.

  • The county must follow a "public process" when developing type II zoning measures.

  • Public input is limited to providing public verbal or written comment.

  • Commissioners are supposed to consider public comment in their decision process, but the public does not get a vote.

Under County initiated zoning (type II zoning) the ultimate decision on whether to adopt the zoning measure(s) is based on a majority vote of the three County Commissioners.
 

  • Only two of the three need to vote yes to adopt a type II zoning measure.

  • This basically allows two people to  decide for the 18,000 plus qulafied electors  in Park County.

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