Staff recommends the City Council conduct a public hearing on the creation of the City of Billings Planning Commission to comply with the Montana Land Use Planning Act (MLUPA) and approve the Resolution Establishing a Planning Commission. 

In 2023, the Montana State Legislature passed Senate Bill 382, the Montana Land Use Planning Act (MLUPA), codified in Title 76, Chapter 25 of the Montana Code Annotated. The intent of the Act is to provide a comprehensive land use planning system that promotes the health, safety, and welfare of the people of Montana. The Act outlines that a municipality with a population at or exceeding 5,000 located within a county with a population at or exceeding 70,000 in the most recent decennial census shall comply with the provisions. The Act outlines that each local government shall establish a Planning Commission. 

The Montana Land Use Planning Act mandates that municipalities develop and implement a growth policy to guide future development. The growth policy serves as a comprehensive plan that addresses land use, economic development, housing, public services, and natural resources. To comply with state regulations and to support our city's strategic development goals, it is crucial to establish a dedicated body to manage these efforts. The Planning Commission shall review and make recommendations to the City Council regarding the development, adoption, amendment, review and approval or denial of the following documents: 

• The Land Use Plan and Future Land Use Map
• Zoning Regulations and Map
• Subdivision Regulations
• Any other legislative land use planning document the City Council designates. 

The Planning Division is proposing that the first Planning Commission act as an interim body consisting of seven (7) members previously appointed by the City Council to the City-County Planning Board, City Zoning Commission, City Board of Adjustment: five (5) members from each City Ward that sit on the Planning Board, and the remaining two (2) members being the chair of the City Zoning Commission and the chair of the City Board of Adjustments. These members are experienced in land use issues, subdivision, transportation planning, zoning regulations. 

The Commission is intended to remain in place until the adoption of the growth policy by the City Council. The Resolution outlines that members of the Commission will remain appointed until:
Elements in the development of the permanent commission include: 
1. Drafting the resolution/ordinance for City Council's approval, outlining the establishment, powers, and duties of the City Planning Commission. 
2. Appointment of members: solicit applications and nominations for commission members, ensuring a transparent and inclusive selection process. 
3. Initial meeting and training: conducting an inaugural meeting and provide training on relevant laws, regulations, and planning principles. 

The establishment of a City Planning Commission will provide several key benefits: 

• Structured Development: Ensures that urban growth is well-planned, sustainable, and aligns with the City's strategic vision. 
• Community Involvement: Encourages active participation from residents and stakeholders in the planning process. 
• Expert Oversight: Leverages the expertise of commission members to make informed decisions about land use and development. 
• Regulatory Compliance: Ensures that all development activities comply with state and local regulations, minimizing legal risks. 

By adopting this resolution, the City Council assures residents of an experienced commission that will help guide the development of the City Growth Policy. 

City Council may:

• Approve the Resolution to create the City Planning Commission to meet the requirements of the Montana Land Use Planning Act; or,
• Not Approve the Resolution to create the City Planning Commission. By not adopting the Resolution, the City will not be in compliances with the required element of the Montana Land Use Planning Act and will slow the efforts to develop a land use plan, future land use map, and make any regulatory changes to the zoning and subdivision regulations by the Legislative imposed deadline of May 2026.

The adoption of this resolution will not directly affect city finances as funds were budgeted by City Council to help cover this effort, the Planning Division applied for a state grant to supplement the local funds, and the Billings MPO has directed funds to transportation elements of this effort as well as sharing the latest transportation planning plans and studies that will help inform this work.

The creation of a City Planning Commission is a strategic move to support our City's growth and development in a structured and sustainable manner. By leveraging community input and expert guidance, we can ensure that our City Growth Policy reflects the values and needs of our residents while complying with the Montana Land Use Planning Act.