Montana Code 76-3-501. Local subdivision regulations
76-3-501. Local subdivision regulations. (1) The governing body of every county, city, and town shall adopt and provide for the enforcement and administration of subdivision regulations reasonably providing for:
Terms Used In Montana Code 76-3-501
- 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 76-3-103
- Governing body: means a board of county commissioners or the governing authority of a city or town organized pursuant to law. See Montana Code 76-3-103
- Public utility: has the meaning provided in 69-3-101, except that for the purposes of this chapter, the term includes county or consolidated city and county water or sewer districts as provided for in Title 7, chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44. See Montana Code 76-3-103
- 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 76-3-103
(a)the orderly development of their jurisdictional areas;
(b)the coordination of roads within subdivided land with other roads, both existing and planned;
(c)the dedication of land for roadways and for public utility easements;
(d)the improvement of roads;
(e)the provision of adequate open spaces for travel, light, air, and recreation;
(f)the provision of adequate transportation, water, and drainage;
(g)subject to the provisions of 76-3-511, the regulation of sanitary facilities;
(h)the avoidance or minimization of congestion; and
(i)the avoidance of subdivisions that would involve unnecessary environmental degradation and danger of injury to health, safety, or welfare by reason of natural hazard, including but not limited to fire and wildland fire, or the lack of water, drainage, access, transportation, or other public services or that would necessitate an excessive expenditure of public funds for the supply of the services.
(2)Any action that is not specifically prohibited in the conditions of subdivision approval is specifically allowed or is otherwise subject to additional restrictions that may be provided in the governing documents of the subdivision and applicable zoning regulations.
(3)If a local government has historically interpreted and enforced or chosen not to enforce a condition of subdivision approval to the benefit of a parcel owner, the local government may not undertake a different interpretation or enforcement action against a similarly situated parcel owner in the same subdivision.