Montana Code 76-3-616. Exemption for certain subdivisions
76-3-616. Exemption for certain subdivisions. (1) A subdivision that meets the criteria in subsection (2) is exempt from the following requirements:
Terms Used In Montana Code 76-3-616
- 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
- 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)preparation of an environmental assessment as required by 76-3-603;
(b)a public hearing on the subdivision application pursuant to 76-3-605; and
(c)review of the subdivision for the criteria listed in 76-3-608(3)(a).
(2)To qualify for the exemptions in subsection (1), a subdivision must meet the following criteria:
(a)the proposed subdivision is entirely within an area inside or adjacent to an incorporated city or town where the governing body has adopted a growth policy that includes the provisions of 76-1-601(4)(c);
(b)the proposed subdivision is entirely within an area subject to zoning adopted pursuant to 76-2-203 or 76-2-304 that avoids, significantly reduces, or mitigates adverse impacts identified in a growth policy that includes the provisions of 76-1-601(4)(c); and
(c)the subdivision proposal includes a description of future public facilities and services, using maps and text, that are necessary to efficiently serve the projected development.