reglab/housing_qa huggingface dataset:
MT Code § 76-3-305 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 3. Land Transfers|76-3-305. Vacation of plats -- utility easements

  76-3-305. Vacation of plats -- utility easements. (1) Any plat prepared and recorded as provided in this part may be vacated either in whole or in part as provided by 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the governing body or the district court, as provided in 7-5-2502, shall determine to which properties the title to the streets and alleys of the vacated portions must revert. The governing body or the district court, as provided in 7-5-2502, shall take into consideration the previous platting; the manner in which the right-of-way was originally dedicated, granted, or conveyed; the reasons stated in the petition requesting the vacation; the parties requesting the vacation; and any agreements between the adjacent property owners regarding the use of the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions.   (2) However, when any poleline, pipeline, or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public utility facility.   History: En. Sec. 12, Ch. 500, L. 1973; amd. Sec. 8, Ch. 334, L. 1974; R.C.M. 1947, 11-3870(1); amd. Sec. 1, Ch. 100, L. 1995; amd. Sec. 277, Ch. 42, L. 1997.
MT Code § 76-3-306 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 3. Land Transfers|76-3-306. Covenants run with the land

  76-3-306. Covenants run with the land. All covenants shall be considered to run with the land, whether marked or noted on the subdivision plat or contained in a separate instrument recorded with the plat.   History: En. Sec. 11, Ch. 500, L. 1973; R.C.M. 1947, 11-3869.
MT Code § 76-3-307 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 3. Land Transfers|76-3-307. Donations or grants to public considered a grant to donee

  76-3-307. Donations or grants to public considered a grant to donee. Every donation or grant to the public or to any person, society, or corporation marked or noted on a plat is to be considered a grant to the donee.   History: En. Sec. 13, Ch. 500, L. 1973; R.C.M. 1947, 11-3871.
MT Code § 76-3-401 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 4. Survey Requirements|76-3-401. Survey requirements for lands other than subdivisions

  76-3-401. Survey requirements for lands other than subdivisions. All divisions of land for sale other than a subdivision after July 1, 1974, into parcels which cannot be described as 1/32 or larger aliquot parts of a United States government section or a United States government lot must be surveyed by or under the supervision of a registered land surveyor. Surveys required under this section must comply with the requirements of 76-3-406.   History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec. 2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(1); amd. Sec. 2, Ch. 136, L. 1993.
MT Code § 76-3-402 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 4. Survey Requirements|76-3-402. Survey and platting requirements for subdivided lands

  76-3-402. Survey and platting requirements for subdivided lands. (1) Every subdivision of land after June 30, 1973, must be surveyed and platted in conformance with this chapter, including the requirements of 76-3-406, by or under the supervision of a registered land surveyor.   (2) Subdivision plats must be prepared and filed in accordance with this chapter and regulations adopted pursuant to this chapter.   (3) All division of sections into aliquot parts and retracement of lines must conform to United States bureau of land management instructions, and all public land survey corners must be filed in accordance with Corner Recordation Act of Montana (Title 70, chapter 22, part 1). Engineering plans, specifications, and reports required in connection with public improvements and other elements of the subdivision required by the governing body must be prepared and filed by a registered engineer or a registered land surveyor, as their respective licensing laws allow, in accordance with this chapter and regulations adopted pursuant to this chapter.   History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec. 2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(2); amd. Sec. 3, Ch. 136, L. 1993.
MT Code § 76-3-403 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 4. Survey Requirements|76-3-403. Monumentation

  76-3-403. Monumentation. (1) The board of professional engineers and professional land surveyors shall, in conformance with the Montana Administrative Procedure Act, prescribe uniform standards for monumentation and for the form, accuracy, and descriptive content of records of survey.   (2) It is the responsibility of the governing body to require the replacement of all monuments removed in the course of construction.   History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec. 2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(11), (12); amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 211, Ch. 483, L. 2001; amd. Sec. 6, Ch. 190, L. 2003.
MT Code § 76-3-404 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 4. Survey Requirements|76-3-404. Certificate of survey

  76-3-404. Certificate of survey. (1) Except as provided in 70-22-105, within 180 days of the completion of a survey, the registered land surveyor responsible for the survey, whether the surveyor is privately or publicly employed, shall prepare and submit for filing a certificate of survey in the county in which the survey was made if the survey:   (a) provides material evidence not appearing on any map filed with the county clerk and recorder or contained in the records of the United States bureau of land management;   (b) reveals a material discrepancy in the map;   (c) discloses evidence to suggest alternate locations of lines or points; or   (d) establishes one or more lines not shown on a recorded map, the positions of which are not ascertainable from an inspection of the map without trigonometric calculations.   (2) A certificate of survey is not required for any survey that is made by the United States bureau of land management, that is preliminary, or that will become part of a subdivision plat being prepared for recording under the provisions of this chapter.   (3) Certificates of survey must be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record and must conform to monumentation and surveying requirements promulgated under this chapter.   History: En. Sec. 14, Ch. 500, L. 1973; R.C.M. 1947, 11-3872; amd. Sec. 2, Ch. 633, L. 1979; amd. Sec. 4, Ch. 549, L. 2003.
MT Code § 76-3-405 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 4. Survey Requirements|76-3-405. Administration of oaths by registered land surveyor

  76-3-405. Administration of oaths by registered land surveyor. (1) A registered land surveyor may administer and certify oaths when:   (a) it becomes necessary to take testimony for the identification of old corners or reestablishment of lost or obliterated corners;   (b) a corner or monument is found in a deteriorating condition and it is desirable that evidence concerning it be perpetuated;   (c) the importance of the survey makes it desirable to administer an oath to the surveyor's assistants for the faithful performance of their duty.   (2) A record of oaths must be preserved as part of the field notes of the survey and noted on the certificate of survey filed under 76-3-404.   History: En. Sec. 17, Ch. 500, L. 1973; R.C.M. 1947, 11-3875; amd. Sec. 11, Ch. 266, L. 1979; amd. Sec. 2519, Ch. 56, L. 2009.
MT Code § 76-3-406 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 4. Survey Requirements|76-3-406. Surveys affecting irrigation districts -- additional survey requirements

  76-3-406. Surveys affecting irrigation districts -- additional survey requirements. (1) (a) A surveyor who completes a survey identified in subsection (2) that establishes or defines a section line and creates a parcel that crosses the established or defined section line so that an irrigation district assessment boundary is included in more than 1 section shall note on the survey the acreage of the farm unit or created parcel in each section.   (b) The surveyor shall notify the appropriate irrigation district of the existence of the survey and the purpose of the survey.   (2) The requirements of subsection (1) apply only to surveys for which the surveyor determines that, based on available public records, the survey involves land:   (a) traversed by a canal or ditch owned by an irrigation district; or   (b) included in an irrigation district.   (3) For purposes of this section, "irrigation district" means a district established pursuant to Title 85, chapter 7.   History: En. Sec. 1, Ch. 136, L. 1993.
MT Code § 76-3-407 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 4. Survey Requirements|76-3-407. through 76-3-410 reserved

  76-3-407 through 76-3-410 reserved.
MT Code § 76-3-411 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 4. Survey Requirements|76-3-411. Board to prescribe standards

  76-3-411. Board to prescribe standards. The board of professional engineers and professional land surveyors shall, in conformance with the Montana Administrative Procedure Act, prescribe uniform standards governing certificates of survey and final subdivision plats.   History: En. Sec. 1, Ch. 258, L. 2009.
MT Code § 76-3-501 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|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:  (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.   History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(part); amd. Sec. 1, Ch. 378, L. 1985; amd. Sec. 17, Ch. 471, L. 1995; amd. Sec. 2, Ch. 298, L. 2005; amd. Sec. 2, Ch. 443, L. 2007; amd. Sec. 1, Ch. 319, L. 2021.
MT Code § 76-3-502 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|76-3-502. Repealed

  76-3-502. Repealed. Sec. 4, Ch. 236, L. 1981.   History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(part); amd. Sec. 6, Ch. 274, L. 1981.
MT Code § 76-3-503 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|76-3-503. Hearing on proposed regulations

  76-3-503. Hearing on proposed regulations. Before the governing body adopts subdivision regulations pursuant to 76-3-501 or 76-3-509, it shall hold a public hearing on the regulations and shall give public notice of its intent to adopt the regulations and of the public hearing by publication of notice of the time and place of the hearing in a newspaper of general circulation in the county not less than 15 or more than 30 days prior to the date of the hearing.   History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(part); amd. Sec. 4, Ch. 348, L. 2001.
MT Code § 76-3-505 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|76-3-505. Repealed

  76-3-505. Repealed. Sec. 16, Ch. 298, L. 2005.   History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(5); amd. Sec. 1, Ch. 579, L. 1985; amd. Sec. 1, Ch. 256, L. 1987; amd. Sec. 239, Ch. 418, L. 1995; amd. Sec. 22, Ch. 582, L. 1999; amd. Sec. 12, Ch. 599, L. 2003.
MT Code § 76-3-506 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|76-3-506. Provision for granting variances

  76-3-506. Provision for granting variances. (1) Subdivision regulations may authorize the governing body, after a public hearing on the variance request before the governing body or its designated agent or agency, to grant variances from the regulations when strict compliance will result in undue hardship and when it is not essential to the public welfare.   (2) Any variance granted pursuant to this section must be based on specific variance criteria contained in the subdivision regulations.   (3) A minor subdivision as provided for in 76-3-609(2) is not subject to the public hearing requirement of this section.   History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(6); amd. Sec. 14, Ch. 446, L. 2009.
MT Code § 76-3-507 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|76-3-507. Provision for security requirements to ensure construction of public improvements

  76-3-507. Provision for security requirements to ensure construction of public improvements. (1) Except as provided in subsections (2) and (4), the governing body shall require the subdivider to complete required improvements within the proposed subdivision prior to the approval of the final plat.   (2) (a) In lieu of the completion of the construction of any public improvements prior to the approval of a final plat, the governing body shall at the subdivider's option allow the subdivider to provide or cause to be provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to the governing body, providing for and securing the construction and installation of the improvements within a period specified by the governing body and expressed in the bonds or other security. The governing body shall reduce bond or security requirements commensurate with the completion of improvements.   (b) In lieu of requiring a bond or other means of security for the construction or installation of all the required public improvements under subsection (2)(a), the governing body may approve an incremental payment or guarantee plan. The improvements in a prior increment must be completed or the payment or guarantee of payment for the costs of the improvements incurred in a prior increment must be satisfied before development of future increments.   (3) Approval by the governing body of a final plat prior to the completion of required improvements and without the provision of the security required under subsection (2) is not an act of a legislative body for the purposes of 2-9-111.   (4) The governing body may require a percentage of improvements or specific types of improvements necessary to protect public health and safety to be completed before allowing bonding or other reasonable security under subsection (2)(a) for purposes of filing a final plat. The requirement is applicable to approved preliminary plats.   History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(7); amd. Sec. 4, Ch. 468, L. 1995; amd. Sec. 3, Ch. 503, L. 1997; amd. Sec. 15, Ch. 446, L. 2009.
MT Code § 76-3-508 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|76-3-508. Repealed

  76-3-508. Repealed. Sec. 4, Ch. 236, L. 1981.   History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(8).
MT Code § 76-3-509 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|76-3-509. Local option cluster development regulations and exemptions authorized

  76-3-509. Local option cluster development regulations and exemptions authorized. (1) If the governing body has adopted a growth policy that meets the requirements of 76-1-601, the governing body may adopt regulations to promote cluster development and preserve open space under this section.   (2) Regulations adopted under this section must:   (a) establish a maximum size for each parcel in a cluster development;   (b) subject to subsection (3)(d), establish a maximum number of parcels in a cluster development; and   (c) establish requirements, including a minimum size for the area to be preserved, for preservation of open space as a condition of approval of a cluster development subdivision under regulations adopted pursuant to this section. Land protected as open space on a long-term basis must be identified on the final subdivision plat, and the plat must include a copy of or a recording reference to the irrevocable covenant prohibiting further subdivision, division, or development of the open space lots or parcels, as provided in Title 70, chapter 17, part 2.   (3) Regulations adopted under this section may:   (a) establish a shorter timeframe for review of proposed cluster developments;   (b) establish procedures and requirements that provide an incentive for cluster development subdivisions that are consistent with the provisions of this chapter;   (c) authorize the review of a division of land that involves more than one existing parcel as one subdivision proposal for the purposes of creating a cluster development;   (d) authorize the creation of one clustered parcel for each existing parcel that is reviewed as provided in subsection (3)(c); and   (e) establish exemptions from the following:   (i) the requirements of an environmental assessment pursuant to 76-3-603;   (ii) review of the criteria in 76-3-608(3)(a); and   (iii) park dedication requirements pursuant to 76-3-621.   (4) Except as provided in this section, the provisions of this chapter apply to cluster development subdivisions.   History: En. Sec. 6, Ch. 348, L. 2001; amd. Sec. 2, Ch. 137, L. 2011.
MT Code § 76-3-510 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|76-3-510. Payment for extension of capital facilities

  76-3-510. Payment for extension of capital facilities. (1) A local government may require a subdivider to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including but not limited to public roads, sewer lines, water supply lines, and storm drains to a subdivision. The costs must reasonably reflect the expected impacts directly attributable to the subdivision. A local government may not require a subdivider to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education.   (2) All fees, costs, or other money paid by a subdivider under this section must be expended on the capital facilities for which the payments were required.   History: En. Sec. 8, Ch. 468, L. 1995; amd. Sec. 1, Ch. 405, L. 2009; amd. Sec. 16, Ch. 446, L. 2009.