Billings council advances MLUPA compliance, adopts several housing incentives and votes to drop triplex/fourplex option

City staff told the Billings City Council on March 12 that the Montana Land Use Planning Act requires the city to readopt zoning and subdivision regulations and to adopt a future land use map by May 17, 2026, and asked council for direction on which state-listed incentives the city should implement.

"The Planning Act was passed in May 2023 as part of the legislative session, giving us until 05/17/2026 to comply," the presenter said, outlining that the city must readopt its zoning and subdivision regulations under the new state code and produce a future land use map that will guide administrative review. Staff emphasized the statute’s shift toward administrative review of some rezoning actions and described the required public-notice and appeals process.

Anna, the presenter, said the city expects growth of "30,000 people" and estimated that it will need "a little over 16,000 units." She told council the future land use map provides guidance to staff on which of multiple zoning choices for a parcel may be approved administratively if an application aligns with the adopted map and plan.

Council members pressed for clarity on public notice and appeal rights, and several raised concerns over ceding certain rezoning discretion to staff. "When you say staff can change zoning, you mean with an application coming in?" one councilmember asked; staff confirmed that administrative approval is possible under the process but reiterated that there is an appeals process that may bring matters to council.

On incentives, staff presented 14 options and recommended proceeding with a set of items the interim planning commission had also endorsed. After discussion, council provided direction to staff to draft the plan using the six recommended items as a baseline (items that include measures already implemented in the code and some state-mandated items). Council voted separately on other items during the session:

- A motion to direct staff not to adopt item A (continuing to allow duplexes where single-family dwellings are permitted) failed; the council did not remove that option.
- Council approved item B (zoning incentives for higher density near transit, employment centers or higher-education facilities) and asked staff to bring back location-specific proposals for overlays or targeted map designations.
- In a recorded substitute motion, the council directed staff not to pursue item G (allowing triplexes or fourplexes where single-family homes are permitted); that substitute motion carried on a counted vote (5 in favor, 4 opposed).

Council members and staff agreed to additional work: more detailed locations for transit-oriented incentives, continued drafting to meet the May 17 statutory deadline, and an economic-impact analysis to be presented at a subsequent meeting. Several councilmembers said they wanted the legislative committee to consider pursuing changes at the state level on items that the city cannot opt out of.

Next steps: staff will incorporate council direction into the draft Billings 2045 materials and return with refined maps, location-specific recommendations for item B, and the economic-analysis results ahead of the planned adoption timeline.