City of Great Falls Compliance with State of Montana Zoning Reforms
The City of Great Falls acknowledges the decision by the Montana Supreme Court regarding the case of Montanans Against Irresponsible Densification, LLC (MAID) v. State of Montana. The court has overturned the district court’s preliminary injunction that prevented the implementation of Senate Bill 323, Montana Code Annotated (MCA) 76-2-345 and Senate Bill 528, MCA 76-2-304 & 76-2-309.
This decision has two immediate impacts on the City of Great Falls:
- Accessory Dwelling Units (ADUs) on lots containing a single-family dwelling are now hereby permitted by right (See MCA 76-2-345). Additional information is provided on, “Attachment A” Montana Code Annotated (MCA) 2023: A Simple Explanation of Accessory Dwelling Unit (ADU) Rules.
- Duplexes are permitted in any zoning district where a single-family dwelling is permitted (See MCA 76-2-304 & 76-2-309). Zoning districts of properties within the City of Great Falls can be found on the Interactive Zoning Map webpage.
The City of Great Falls acknowledges that the case will be returned to the District Court to consider the merits of the Plaintiff's complaint, which is still in active litigation. As the case results are pending, the City will not formally amend its code to reflect the requirement at this time. However, in the interim, the City will recognize and adhere to MCA regulations and requirements as codified in the State Code and administer permitting for accessory dwelling units and duplexes as described. This does not exempt such dwellings from meeting building, engineering, or other development requirements.
For more information, contact the Planning & Community Development Department and ask for a City Planner
