Mont. Code Ann. § 2-3-111

(2021)

Opportunity to submit views – public hearings

(1) Procedures for assisting public participation must include a method of affording interested persons reasonable opportunity to submit data, views, or arguments, orally or in written form, prior to making a final decision that is of significant interest to the public.

(2) When a state agency other than the board of regents proposes to take an action that directly impacts a specific community or area and a public hearing is held, the hearing must be held in an accessible facility in the impacted community or area or in the nearest community or area with an accessible facility.

Opinions construing this section

10 opinions
2026 MT 53 Mar 17, 2026 Reversed
M.A.I.D. v. State
Majority by Beth Baker · 7 to 0
solicited public comment and “provided the public with a ‘reasonable opportunity to submit data, views, or arguments.’” Citizens, ¶¶ 43, 49 (quoting § 2-3-111, MCA). ¶41 The Legislature enacted a similar framework in Senate Bill 382. The MLUPA provides for ample public participation throughout the adoption, amendment,
2023 MT 119 Jun 20, 2023 Affirmed
Hamilton Historic Preserv. v. City
Majority by Ingrid Gustafson · 5 to 0
tes an understanding that we have never imposed formal rules of evidence to zoning hearings, it appears to advocate for the requirement of such. ¶12 Although § 2-3-111(1), MCA, requires that the public be provided the opportunity to be heard by a zoning board by “affording interested persons reasonable opportunity to submit data,
2019 MT 298 Dec 31, 2019 Affirmed
Independent Living v. DOT
Majority by Mike McGrath · 5 to 0
, 330 Mont. 205, 127 P.3d 406; § 2-3-103(1)(a), MCA. Additionally, agencies must give the public a reasonable opportunity to submit data, views, or arguments. Section 2-3-111, MCA. All meetings of public or governmental bodies must be open to the public. Section 2-3-203(1), MCA. Additionally, governmental bodies must either keep minutes
2016 MT 256 Oct 11, 2016 Affirmed
Citizens v. Flathead Co. Comm
Majority by Beth Baker · 5 to 0
nned actions. Section 2-3-103(1)(a), MCA. It also requires that agencies give the public a “reasonable opportunity to submit data, views, or arguments.” Section 2-3-111, MCA. Meetings of “public or governmental bodies [or] boards” must be open to the public. Section 2-3-203(1), MCA. The governmental bodies must either keep minu
2016 MT 240 Sep 27, 2016 Reversed
Ccrc v. Board of Oil and Gas
Majority by Beth Baker · 5 to 0 with 3 concurring
Public participation procedures “must 11 include a method of affording interested persons reasonable opportunity to submit data, views, or arguments.” Section 2-3-111(1), MCA. ¶22 The record demonstrates that Resource Councils had notice not only of the application for a permit to drill, but also of the potential for well stimula
Official Annotations archive.org, 2021 edition
History:
En. 82-4228 by Sec. 3, Ch. 491, L. 1975
Amd. Sec. 24, Ch. 285, L. 1977
Amd. Sec. 2, Ch. 452, L. 1977
R.C.M. 1947, 82-4228(3)
Amd. Sec. 1, Ch. 487, L. 1997