Montana Code 76-25-401. Authority to adopt local subdivision regulations — limitations
76-25-401. Authority to adopt local subdivision regulations — limitations. (1) Within its respective jurisdiction, a local government shall regulate the creation of lots in substantial compliance with its adopted land use plan and zoning regulations by adopting subdivision regulations.
Terms Used In Montana Code 76-25-401
- Dedication: means the deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted. See Montana Code 76-25-103
- governing body: means the elected body responsible for the administration of a local government. See Montana Code 76-25-103
- Land use plan: means the land use plan and future land use map adopted in accordance with this chapter. See Montana Code 76-25-103
- Local government: means a county, consolidated city-county, or an incorporated municipality to which the provisions of this chapter apply as provided in 76-25-105. See Montana Code 76-25-103
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Property: means real and personal property. See Montana Code 1-1-205
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
- Subdivision: means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. See Montana Code 76-25-103
(b)The governing body of a county or city has the authority to adopt subdivision regulations in accordance with this part by an ordinance that substantially complies with 7-5-103 through 7-5-107.
(c)A municipality shall adopt subdivision regulations for those portions of the jurisdictional area outside the boundaries of the municipality that the governing body anticipates may be annexed into the municipality over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, subdivision regulations on property outside the municipal boundaries may not apply or be enforced until the areas are annexed or being annexed into the municipality.
(2)The subdivision regulations must provide a process for the application and consideration of subdivision exemptions, certificates of survey, preliminary plats, and final plats as necessary for the implementation of this chapter.
(3)(a) A local governing body may not require, as a condition for approval of a subdivision under this part:
(i)the payment of a fee for the purpose of providing housing for specified income levels or at specified sale prices; or
(ii)the dedication of real property for the purpose of providing housing for specified income levels or at specified sale prices.
(b)A dedication of real property prohibited in subsection (3)(a)(ii) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.
(4)The local governing body may not change, in the subdivision regulations or in the process for subdividing, any timelines or procedural requirements for an application to subdivide other than provided for in this part.