SB 174 by Senator Greg Hertz (R- Polson) would make it far more difficult for a local government to mitigate the impacts from a proposed subdivision and expose the local government to lawsuits by a developer if any conditions on the development are imposed. SB 174 would largely limit the conditions a local government could impose on the subdivision development to those conditions imposed by a homeowners’ association or covenants regardless of impacts to neighboring landowners, water quality or safety. It would force the local government to bear the burden of proof when considering or mitigating the impacts to agriculture and it would eliminate consideration of agriculture lands or water user facilities and only allow consideration of impacts to “active agricultural production.” The bill applies retroactively to all previously approved subdivisions. 

Position: Oppose

Status:  This bill was passed by the Senate and transferred to the House. 

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