SB 397

 LC0872

Greg Hertz (R) SD 6

Generally revise laws related to accessory dwelling units

Comments

  1. Senators Boldman and Morigeau,

    Missoula County opposes SB 397: Generally revise laws related to accessory dwelling units, up for hearing this afternoon in the Senate Local Government Committee. Parcels zoned for single family residences could add an accessory dwelling unit (ADU) without a limit on size or additional bedrooms. The ADU would merely need to be subordinate to the remaining portion of the building. If the parcel has a Certificate of Sanitation Approval (COSA) for single family use, the ADU could exceed the carrying capacity of the approved septic system and would likely be denied during sanitation review. The bill does not permit any additional building standards to be applied to the ADU. For counties with an approved building permit program, this could be problematic. Nothing in the bill precludes the addition of a second unit that effectively functions like a duplex. In some cases, duplexes are required to add such things as fire walls between units. An ADU proposal could meet local zoning but fall short of meeting building code. In summary, this bill appears to give landowners a “green light” for adding an additional unit, which could turn to yellow or red depending upon the outcome of other required state reviews.

    Please oppose HB 397.

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