reglab/housing_qa huggingface dataset:
MT Code § 76-3-511 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|76-3-511. Local regulations no more stringent than state regulations or guidelines

  76-3-511. Local regulations no more stringent than state regulations or guidelines. (1) Except as provided in subsections (2) through (4) or unless required by state law, a governing body may not adopt a regulation under 76-3-501 or 76-3-504(1)(g)(iii) that is more stringent than the comparable state regulations or guidelines that address the same circumstances. The governing body may incorporate by reference comparable state regulations or guidelines.   (2) The governing body may adopt a regulation to implement 76-3-501 or 76-3-504(1)(g)(iii) that is more stringent than comparable state regulations or guidelines only if the governing body makes a written finding, after a public hearing and public comment and based on evidence in the record, that:   (a) the proposed local standard or requirement protects public health or the environment; and   (b) the local standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.   (3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the governing body's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed local standard or requirement.   (4) (a) A person affected by a regulation of the governing body adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable state regulations or guidelines may petition the governing body to review the regulation. If the governing body determines that the regulation is more stringent than comparable state regulations or guidelines, the governing body shall comply with this section by either revising the regulation to conform to the state regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged regulation. The governing body may charge a petition filing fee in an amount not to exceed $250.   (b) A person may also petition the governing body for a regulation review under subsection (4)(a) if the governing body adopts a regulation after January 1, 1990, in an area in which no state regulations or guidelines existed and the state government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted governing body regulation.   History: En. Sec. 5, Ch. 471, L. 1995; amd. Sec. 278, Ch. 42, L. 1997; amd. Sec. 2, Ch. 302, L. 2005; amd. Sec. 107, Ch. 2, L. 2009.
MT Code § 76-3-512 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|76-3-512. and 76-3-513 reserved

  76-3-512 and 76-3-513 reserved.
MT Code § 76-3-514 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 5. Local Regulations|76-3-514. Housing fees and dedication of real property prohibited

  76-3-514. Housing fees and dedication of real property prohibited. (1) A local governing body may not require, as a condition for approval of a subdivision under this part:  (a) the payment of a fee for the purpose of providing housing for specified income levels or at specified sale prices; or   (b) the dedication of real property for the purpose of providing housing for specified income levels or at specified sale prices.   (2) A dedication of real property as prohibited in subsection (1)(b) 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.   History: En. Sec. 2, Ch. 249, L. 2021.
MT Code § 76-3-601 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-601. Submission of application and preliminary plat for review -- water and sanitation information required

  76-3-601. Submission of application and preliminary plat for review -- water and sanitation information required. (1) The subdivider shall present to the governing body or to the agent or agency designated by the governing body the subdivision application, including the preliminary plat of the proposed subdivision, for local review. The preliminary plat must show all pertinent features of the proposed subdivision and all proposed improvements and must be accompanied by the preliminary water and sanitation information required under 76-3-622.   (2) (a) When the proposed subdivision lies within the boundaries of an incorporated city or town, the application and preliminary plat must be submitted to and approved by the city or town governing body.   (b) When the proposed subdivision is situated entirely in an unincorporated area, the application and preliminary plat must be submitted to and approved by the governing body of the county. However, if the proposed subdivision lies within 1 mile of a third-class city or town, within 2 miles of a second-class city, or within 3 miles of a first-class city, the county governing body shall submit the application and preliminary plat to the city or town governing body or its designated agent for review and comment. If the proposed subdivision is situated within a rural school district, as described in 20-9-615, the county governing body shall provide a summary of the information contained in the application and preliminary plat to school district trustees.   (c) If the proposed subdivision lies partly within an incorporated city or town, the application and preliminary plat must be submitted to and approved by both the city or town and the county governing bodies.   (d) When a proposed subdivision is also proposed to be annexed to a municipality, the governing body of the municipality shall coordinate the subdivision review and annexation procedures to minimize duplication of hearings, reports, and other requirements whenever possible.   (3) The provisions of 76-3-604, 76-3-605, 76-3-608 through 76-3-610, and this section do not limit the authority of certain municipalities to regulate subdivisions beyond their corporate limits pursuant to 7-3-4444.   History: En. Sec. 8, Ch. 500, L. 1973; amd. Sec. 6, Ch. 334, L. 1974; amd. Sec. 3, Ch. 498, L. 1975; amd. Sec. 1, Ch. 555, L. 1977; R.C.M. 1947, 11-3866(part); amd. Sec. 1, Ch. 89, L. 1981; amd. Sec. 4, Ch. 506, L. 1995; amd. Sec. 23, Ch. 582, L. 1999; amd. Sec. 67, Ch. 7, L. 2001; amd. Sec. 4, Ch. 298, L. 2005; amd. Sec. 3, Ch. 302, L. 2005; amd. Sec. 2, Ch. 109, L. 2013.
MT Code § 76-3-602 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-602. Fees

  76-3-602. Fees. The governing body may establish reasonable fees to be paid by the subdivider to defray the expense of reviewing subdivision applications.   History: En. Sec. 10, Ch. 500, L. 1973; R.C.M. 1947, 11-3868; amd. Sec. 5, Ch. 298, L. 2005.
MT Code § 76-3-603 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-603. Contents of environmental assessment

  76-3-603. Contents of environmental assessment. (1) When required, the environmental assessment must accompany the subdivision application and must include:   (a) for a major subdivision:   (i) a description of every body or stream of surface water that may be affected by the proposed subdivision, together with available ground water information, and a description of the topography, vegetation, and wildlife use within the area of the proposed subdivision;   (ii) a summary of the probable impacts of the proposed subdivision based on the criteria described in 76-3-608;   (iii) a community impact report containing a statement of anticipated needs of the proposed subdivision for local services, including education and busing; roads and maintenance; water, sewage, and solid waste facilities; and fire and police protection; and   (iv) additional relevant and reasonable information related to the applicable regulatory criteria adopted under 76-3-501 as may be required by the governing body;   (b) except as provided in 76-3-609, for a minor subdivision, a summary of the probable impacts of the proposed subdivision based on the criteria described in 76-3-608.   (2) An environmental assessment conducted pursuant to this chapter is distinct from an environmental review conducted pursuant to Title 75, chapter 1. The standards of review applicable to an environmental review conducted pursuant to Title 75, chapter 1, do not apply to an environmental assessment conducted pursuant to this chapter.   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(4); amd. Sec. 2, Ch. 236, L. 1981; amd. Sec. 5, Ch. 468, L. 1995; amd. Sec. 6, Ch. 298, L. 2005; amd. Sec. 1, Ch. 362, L. 2017.
MT Code § 76-3-605 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-605. Hearing on subdivision application

  76-3-605. Hearing on subdivision application. (1) Except as provided in 76-3-609 and 76-3-616 and subject to the regulations adopted pursuant to 76-3-504(1)(o) and 76-3-615, at least one public hearing on the subdivision application must be held by the governing body, its authorized agent or agency, or both and the governing body, its authorized agent or agency, or both shall consider all relevant evidence relating to the public health, safety, and welfare, including the environmental assessment if required, to determine whether the subdivision application should be approved, conditionally approved, or denied by the governing body.   (2) When a proposed subdivision is also proposed to be annexed to a municipality, the governing body of the municipality shall hold joint hearings on the subdivision application and annexation whenever possible.   (3) Notice of the hearing must be given by publication in a newspaper of general circulation in the county not less than 15 days prior to the date of the hearing. The subdivider, each property owner of record whose property is immediately adjoining the land included in the preliminary plat, and each purchaser under contract for deed of property immediately adjoining the land included in the preliminary plat must also be notified of the hearing by registered or certified mail not less than 15 days prior to the date of the hearing.   (4) When a hearing is held by an agent or agency designated by the governing body, the agent or agency shall act in an advisory capacity and recommend to the governing body the approval, conditional approval, or denial of the proposed subdivision. This recommendation must be submitted to the governing body in writing not later than 10 working days after the public hearing.   History: En. Sec. 8, Ch. 500, L. 1973; amd. Sec. 6, Ch. 334, L. 1974; amd. Sec. 3, Ch. 498, L. 1975; amd. Sec. 1, Ch. 555, L. 1977; R.C.M. 1947, 11-3866(part); amd. Sec. 2, Ch. 89, L. 1981; amd. Sec. 21, Ch. 526, L. 1983; amd. Sec. 25, Ch. 582, L. 1999; amd. Sec. 8, Ch. 298, L. 2005; amd. Sec. 5, Ch. 455, L. 2007.
MT Code § 76-3-606 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-606. Repealed

  76-3-606. Repealed. Sec. 11, Ch. 468, L. 1995.   History: En. Sec. 6, Ch. 500, L. 1973; amd. Sec. 4, Ch. 334, L. 1974; R.C.M. 1947, 11-3864(1), (2); amd. Sec. 1, Ch. 703, L. 1979.
MT Code § 76-3-607 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-607. Repealed

  76-3-607. Repealed. Sec. 11, Ch. 468, L. 1995.   History: En. Sec. 6, Ch. 500, L. 1973; amd. Sec. 4, Ch. 334, L. 1974; R.C.M. 1947, 11-3864(3) thru (7).
MT Code § 76-3-610 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-610. Effect of approval of application and preliminary plat

  76-3-610. Effect of approval of application and preliminary plat. (1) Upon approving or conditionally approving an application and preliminary plat, the governing body shall provide the subdivider with a dated and signed statement of approval. This approval must be in force for not more than 3 calendar years or less than 1 calendar year. At the end of this period the governing body may, at the request of the subdivider, extend its approval for a mutually agreed-upon period of time. Any mutually agreed-upon extension must be in writing and dated and signed by the members of the governing body and the subdivider or subdivider's agent. The governing body may issue more than one extension.   (2) Except as provided in 76-3-507, after the application and preliminary plat are approved, the governing body and its subdivisions may not impose any additional conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended approval period as provided in subsection (1).   History: En. Sec. 8, Ch. 500, L. 1973; amd. Sec. 6, Ch. 334, L. 1974; amd. Sec. 3, Ch. 498, L. 1975; amd. Sec. 1, Ch. 555, L. 1977; R.C.M. 1947, 11-3866(part); amd. Sec. 1, Ch. 223, L. 1981; amd. Sec. 1, Ch. 190, L. 1983; amd. Sec. 12, Ch. 298, L. 2005; amd. Sec. 19, Ch. 446, L. 2009; amd. Sec. 1, Ch. 252, L. 2011.
MT Code § 76-3-612 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-612. Subdivision guarantee required for review process

  76-3-612. Subdivision guarantee required for review process. (1) The subdivider shall submit with the final plat a subdivision guarantee issued by an authorized title insurer or its title insurance producer showing the names of the owners of record of the land to be subdivided and the names of lienholders or claimants of record against the land and the written consent to the subdivision by the owners of the land, if other than the subdivider, and any lienholders or claimants of record against the land.  (2) The governing body may provide for the review of the subdivision guarantee for the land in question by the county attorney where the land lies in an unincorporated area or by the city or town attorney when the land lies within the limits of a city or town.   (3) As used in this section, "subdivision guarantee" means a form of guarantee that is approved by the commissioner of insurance and is specifically designed to disclose the information required in subsection (1).   History: En. Sec. 7, Ch. 500, L. 1973; amd. Sec. 5, Ch. 334, L. 1974; R.C.M. 1947, 11-3865; amd. Sec. 186, Ch. 575, L. 1981; amd. Sec. 1, Ch. 210, L. 2021.
MT Code § 76-3-613 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-613. Index of plats to be kept by county clerk and recorder

  76-3-613. Index of plats to be kept by county clerk and recorder. (1) The county clerk and recorder shall maintain an index of all recorded subdivision plats and certificates of survey.   (2) This index shall list plats and certificates of survey by the quarter section, section, township, and range in which the platted or surveyed land lies and shall list the recording or filing numbers of all plats depicting lands lying within each quarter section. Each quarter section list shall be definitive to the exclusion of all other quarter sections. The index shall also list the names of all subdivision plats in alphabetical order and the place where filed.   History: En. Sec. 15, Ch. 500, L. 1973; R.C.M. 1947, 11-3873.
MT Code § 76-3-614 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-614. Correction of recorded plat

  76-3-614. Correction of recorded plat. When a recorded plat does not definitely show the location or size of lots or blocks or the location or width of any street or alley, the governing body may at its own expense cause a new and correct survey and plat to be made and recorded in the office of the county clerk and recorder. The corrected plat must, to the extent possible, follow the plan of the original survey and plat. The surveyor making the resurvey shall endorse the corrected plat referring to the original plat and noting the defect existing therein and the corrections made.   History: En. Sec. 16, Ch. 500, L. 1973; R.C.M. 1947, 11-3874.
MT Code § 76-3-615 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-615. Subsequent hearings -- consideration of new information -- requirements for regulations

  76-3-615. Subsequent hearings -- consideration of new information -- requirements for regulations. (1) The regulations adopted pursuant to 76-3-504(1)(o) must comply with the provisions of this section.   (2) The governing body shall determine whether public comments or documents presented to the governing body at a hearing held pursuant to 76-3-605 constitute:   (a) information or analysis of information that was presented at a hearing held pursuant to 76-3-605 that the public has had a reasonable opportunity to examine and on which the public has had a reasonable opportunity to comment; or   (b) new information regarding a subdivision application that has never been submitted as evidence or considered by either the governing body or its agent or agency at a hearing during which the subdivision application was considered.   (3) If the governing body determines that the public comments or documents constitute the information described in subsection (2)(b), the governing body may:   (a) approve, conditionally approve, or deny the proposed subdivision without basing its decision on the new information if the governing body determines that the new information is either irrelevant or not credible; or   (b) schedule or direct its agent or agency to schedule a subsequent public hearing for consideration of only the new information that may have an impact on the findings and conclusions that the governing body will rely upon in making its decision on the proposed subdivision.   (4) If a public hearing is held as provided in subsection (3)(b), the 60-working-day review period required in 76-3-604(4) is suspended and the new hearing must be noticed and held within 45 days of the governing body's determination to schedule a new hearing. After the new hearing, the 60-working-day time limit resumes at the governing body's next scheduled public meeting for which proper notice for the public hearing on the subdivision application can be provided. The governing body may not consider any information regarding the subdivision application that is presented after the hearing when making its decision to approve, conditionally approve, or deny the proposed subdivision.   History: En. Sec. 9, Ch. 298, L. 2005.
MT Code § 76-3-616 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|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:   (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.   History: En. Sec. 4, Ch. 455, L. 2007.
MT Code § 76-3-617 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-617. Phased development -- application requirements -- hearing required

  76-3-617. Phased development -- application requirements -- hearing required. (1) A subdivider applying for phased development review shall submit with the phased development application an overall phased development preliminary plat on which independent platted development phases must be presented. The phased development application must contain the information required pursuant to parts 5 and 6 of this chapter for all phases of a development and a schedule for when the subdivider plans to submit for review each phase of the development. The subdivider may change the schedule for review of each phase of the development upon approval of the governing body after a public hearing as provided in subsection (4) if the change does not negate conditions of approval or otherwise adversely affect public health, safety, and welfare.   (2) Except as otherwise provided by this section, the phased development application must be reviewed in conformity with parts 5 and 6 of this chapter. In addition, each phase of the phased development must be reviewed as provided in subsection (4).   (3) The governing body may approve phased developments that extend beyond the time limits set forth in 76-3-610 but all phases of the phased development must be submitted for review and approved, conditionally approved, or denied within 20 years of the date the overall phased development preliminary plat is approved by the governing body.   (4) Prior to the commencement of each phase, the subdivider shall provide written notice to the governing body. The governing body shall hold a public hearing pursuant to 76-3-605(3) within 30 working days after receipt of the written notice from the subdivider. After the hearing, the governing body shall determine whether any changed primary criteria impacts or new information exists that creates new potentially significant adverse impacts for the phase or phases. Notwithstanding the provisions of 76-3-610(2), the governing body shall issue supplemental written findings of fact within 20 working days of the hearing and may impose necessary, additional conditions to minimize potentially significant adverse impacts identified in the review of each phase of the development for changed primary criteria impacts or new information. Any additional conditions must be met before final plat approval for each particular phase and the approval in accordance with 76-3-611 is in force for not more than 3 calendar years or less than 1 calendar year within the maximum timeframe provided in subsection (3).   (5) The governing body may impose a reasonable periodic fee for the review under subsection (4) of the phases in the phased development.   History: En. Sec. 3, Ch. 363, L. 2017.
MT Code § 76-3-618 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-618. and 76-3-619 reserved

  76-3-618 and 76-3-619 reserved.