Montana Statewide Rule
Montana Agricultural Zoning and Farmland Protection
Key Facts
- Right to Farm Act
- MCA 76-2-901 to 76-2-903
- Qualifying test
- $1,500 income or ag tax class
- County zoning
- May protect farmland
- Protection
- Against later nuisance ordinances
Summary
Montana counties may zone to protect farmland, and the Right to Farm and Ranch Act (MCA 76-2-901 to 76-2-903) bars local ordinances from declaring established agricultural operations a nuisance based on changed surrounding conditions.
76-2-903. Local ordinances. A city, county, taxing district, or other political subdivision of this state may not adopt an ordinance or resolution that prohibits any existing agricultural activities or forces the termination of any existing agricultural activities outside the boundaries of an incorporated city or town. Zoning and nuisance ordinances may not prohibit agricultural activities that were established outside the corporate limits of a municipality and then incorporated into that municipality by annexation.
Full Breakdown
Montana counties have authority to adopt zoning that designates and protects agricultural districts. The Right to Farm and Ranch Act, MCA 76-2-901 through 76-2-903, protects agricultural activities from local zoning and nuisance ordinances: a qualifying operation cannot be declared a nuisance solely because the surrounding area changed. 'Agricultural activity' is defined by a $1,500 gross-income threshold or agricultural/forest tax classification (MCA 76-2-902). Counties balance growth and farmland preservation through zoning, conservation easements, and subdivision review under separate statutes.
Violations & Penalties
Local ordinances that would declare a protected agricultural operation a nuisance are barred; zoning violations are enforced by county citation and injunctive relief.
Frequently Asked Questions
Can Montana counties create agricultural zoning districts?
Does Right to Farm override local zoning?
Sources
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