{"data":{"id":"us-mt/76-2-412","jurisdiction":"us-mt","citation":"76-2-412","heading":"Relationship of foster homes, kinship foster homes, youth shelter care facilities, youth group homes, community residential facilities, and day-care homes to zoning.","body":"(1) A foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621 through 52-2-623 or a community residential facility serving eight or fewer persons is considered a residential use of property for purposes of zoning if the home provides care on a 24-hour-a-day basis.\n(2) A family day-care home or a group day-care home, as defined in 52-2-703, is considered a residential use of property for purposes of zoning.\n(3) The facilities listed in subsections (1) and (2) are a permitted use in all residential zones, including but not limited to residential zones for single-family dwellings. Any safety or sanitary regulation of the department of public health and human services or any other agency of the state or a political subdivision of the state that is not applicable to residential occupancies in general may not be applied to a community residential facility serving 8 or fewer persons or to a day-care home serving 15 or fewer children.\n(4) This section may not be construed to prohibit a city or county from requiring a conditional use permit in order to maintain a home pursuant to the provisions of subsection (1) if the home is licensed by the department of public health and human services. A city or county may not require a conditional use permit in order to maintain a day-care home.","path":["TITLE 76. LAND RESOURCES AND USE","CHAPTER 2. PLANNING AND ZONING","Part 4. Application to Governmental Agencies Group and Foster Homes"],"source_url":"https://mca.legmt.gov/bills/mca/title_0760/chapter_0020/part_0040/section_0120/0760-0020-0040-0120.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T05:00:00Z","sha256":"c38a1d0140014f404e6355e63b1ce6f703214cca840b077ff41e20150da0968b","source_id":"us-mt","stale":false,"prev":"us-mt/76-2-411","next":"us-mt/76-2-901"},"notice":"GroundRules: Original legal text. Not legal advice."}