reglab/housing_qa huggingface dataset:
MT Code § 76-2-412 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 4. Application to Governmental Agencies Group and Foster Homes|76-2-412. Relationship of foster homes, kinship foster homes, youth shelter care facilities, youth group homes, community residential facilities, and day-care homes to zoning

  76-2-412. Relationship of foster homes, kinship foster homes, youth shelter care facilities, youth group homes, community residential facilities, and day-care homes to zoning. (1) A foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621 through 52-2-623 or a community residential facility serving eight or fewer persons is considered a residential use of property for purposes of zoning if the home provides care on a 24-hour-a-day basis.   (2) A family day-care home or a group day-care home registered by the department of public health and human services under Title 52, chapter 2, part 7, is considered a residential use of property for purposes of zoning.   (3) The facilities listed in subsections (1) and (2) are a permitted use in all residential zones, including but not limited to residential zones for single-family dwellings. Any safety or sanitary regulation of the department of public health and human services or any other agency of the state or a political subdivision of the state that is not applicable to residential occupancies in general may not be applied to a community residential facility serving 8 or fewer persons or to a day-care home serving 12 or fewer children.   (4) This section may not be construed to prohibit a city or county from requiring a conditional use permit in order to maintain a home pursuant to the provisions of subsection (1) if the home is licensed by the department of public health and human services. A city or county may not require a conditional use permit in order to maintain a day-care home registered by the department of public health and human services.   History: En. Sec. 2, Ch. 350, L. 1973; amd. Sec. 2, Ch. 129, L. 1974; R.C.M. 1947, 11-2702.2; MCA 1981, 76-2-314; redes. 76-2-412 by Code Commissioner, 1983; amd. Sec. 29, Ch. 465, L. 1983; amd. Sec. 1, Ch. 181, L. 1987; amd. Sec. 237, Ch. 418, L. 1995; amd. Sec. 546, Ch. 546, L. 1995; amd. Sec. 32, Ch. 504, L. 2003.
MT Code § 76-2-901 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 9. Agricultural Activities|76-2-901. Agricultural activities -- legislative finding and purpose

  76-2-901. Agricultural activities -- legislative finding and purpose. (1) The legislature finds that agricultural lands and the ability and right of farmers and ranchers to produce a safe, abundant, and secure food and fiber supply have been the basis of economic growth and development of all sectors of Montana's economy. In order to sustain Montana's valuable farm economy and land bases associated with it, farmers and ranchers must be encouraged and have the right to stay in farming.   (2) It is therefore the intent of the legislature to protect agricultural activities from governmental zoning and nuisance ordinances.   History: En. Sec. 1, Ch. 309, L. 1995.
MT Code § 76-2-902 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 9. Agricultural Activities|76-2-902. Definitions

  76-2-902. Definitions. As used in this part, the following definitions apply:   (1) "Agricultural activity" means a condition or activity that provides an annual gross income of not less than $1,500 or that occurs on land classified as agricultural or forest land for taxation purposes. The condition or activity must occur in connection with the commercial production of farm products and includes but is not limited to:   (a) produce marketed at roadside stands or farm markets;   (b) noise;   (c) odors;   (d) dust;   (e) fumes;   (f) operation of machinery and irrigation pumps;   (g) movement of water for agricultural activities, including but not limited to use of existing county road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities;   (h) ground and aerial application of seed, fertilizers, conditioners, and plant protection products;   (i) employment and use of labor;   (j) roadway movement of equipment and livestock;   (k) protection from damage from wildlife;   (l) prevention of trespass;   (m) construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of streambanks and watercourses;   (n) conversion from one agricultural activity to another, provided that the conversion does not adversely impact adjacent property owners;   (o) timber harvesting, thinning, and timber regeneration;   (p) burning and stubble and slash disposal; and   (q) plant nursery and commercial greenhouse activities.   (2) "Commercial production of farm products" means the growing, raising, or marketing of plants or animals by the owner, owner's agent, or lessee of land that provides an annual gross income of not less than $1,500 or that occurs on land that is classified as agricultural or forest land for taxation purposes. The term includes but is not limited to:   (a) forages and sod crops;   (b) dairy and dairy products;   (c) poultry and poultry products;   (d) livestock, including breeding, feeding, and grazing of livestock and recreational equine use;   (e) fruits;   (f) vegetables;   (g) flowers;   (h) seeds;   (i) grasses;   (j) trees, including commercial timber;   (k) fresh water fish and fish products;   (l) apiaries;   (m) equine and other similar products; or   (n) any other product that incorporates the use of food, feed, fiber, or fur.   History: En. Sec. 2, Ch. 309, L. 1995.
MT Code § 76-2-903 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 9. Agricultural Activities|76-2-903. Local ordinances

  76-2-903. Local ordinances. A city, county, taxing district, or other political subdivision of this state may not adopt an ordinance or resolution that prohibits any existing agricultural activities or forces the termination of any existing agricultural activities outside the boundaries of an incorporated city or town. Zoning and nuisance ordinances may not prohibit agricultural activities that were established outside the corporate limits of a municipality and then incorporated into that municipality by annexation.   History: En. Sec. 3, Ch. 309, L. 1995.
MT Code § 76-3-101 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 1. General Provisions|76-3-101. Short title

  76-3-101. Short title. This chapter may be cited as the "Montana Subdivision and Platting Act".   History: En. Sec. 1, Ch. 500, L. 1973; R.C.M. 1947, 11-3859.
MT Code § 76-3-102 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 1. General Provisions|76-3-102. Statement of purpose

  76-3-102. Statement of purpose. It is the purpose of this chapter to:   (1) promote the public health, safety, and general welfare by regulating the subdivision of land;   (2) prevent overcrowding of land;   (3) lessen congestion in the streets and highways;   (4) provide for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public requirements;   (5) require development in harmony with the natural environment;   (6) promote preservation of open space;   (7) promote cluster development approaches that minimize costs to local citizens and that promote effective and efficient provision of public services;   (8) protect the rights of property owners;   (9) require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey; and   (10) provide for phased developments.   History: En. Sec. 2, Ch. 500, L. 1973; amd. Sec. 1, Ch. 498, L. 1975; amd. Sec. 1, Ch. 552, L. 1977; R.C.M. 1947, 11-3860; amd. Sec. 1, Ch. 272, L. 1993; amd. Sec. 2, Ch. 468, L. 1995; amd. Sec. 2, Ch. 348, L. 2001; amd. Sec. 1, Ch. 363, L. 2017.
MT Code § 76-3-104 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 1. General Provisions|76-3-104. What constitutes subdivision

  76-3-104. What constitutes subdivision. A subdivision comprises only those parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section when the parcels have been segregated from the original tract. The subdivision plat must show all the parcels whether contiguous or not.   History: En. Sec. 3, Ch. 500, L. 1973; amd. Sec. 1, Ch. 334, L. 1974; amd. Sec. 2, Ch. 498, L. 1975; R.C.M. 1947, 11-3861(part); amd. Sec. 3, Ch. 272, L. 1993.
MT Code § 76-3-105 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 1. General Provisions|76-3-105. Violations

  76-3-105. Violations. Any person who violates any provision of this chapter or any local regulations adopted pursuant thereto shall be guilty of a misdemeanor and punishable by a fine of not less than $100 or more than $500 or by imprisonment in a county jail for not more than 3 months or by both fine and imprisonment. Each sale, lease, or transfer of each separate parcel of land in violation of any provision of this chapter or any local regulation adopted pursuant thereto shall be deemed a separate and distinct offense.   History: En. Sec. 18, Ch. 500, L. 1973; amd. Sec. 2, Ch. 553, L. 1977; R.C.M. 1947, 11-3876.
MT Code § 76-3-202 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 2. Miscellaneous Exemptions|76-3-202. Repealed

  76-3-202. Repealed. Sec. 14, Ch. 379, L. 2013.   History: En. Sec. 3, Ch. 500, L. 1973; amd. Sec. 1, Ch. 334, L. 1974; amd. Sec. 2, Ch. 498, L. 1975; R.C.M. 1947, 11-3861(part); amd. Sec. 10, Ch. 266, L. 1979.
MT Code § 76-3-203 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 2. Miscellaneous Exemptions|76-3-203. Exemption for certain condominiums and townhouses

  76-3-203. Exemption for certain condominiums and townhouses. Condominiums, townhomes, townhouses, or conversions, as those terms are defined in 70-23-102, constructed on land subdivided in compliance with parts 5 and 6 of this chapter or on lots within incorporated cities and towns are exempt from the provisions of this chapter if:   (1) the approval of the original subdivision of land expressly contemplated the construction of the condominiums, townhomes, or townhouses and any applicable park dedication requirements in 76-3-621 are complied with; or   (2) the condominium, townhome, or townhouse proposal is in conformance with applicable local zoning regulations when local zoning regulations are in effect.   History: En. Sec. 3, Ch. 500, L. 1973; amd. Sec. 1, Ch. 334, L. 1974; amd. Sec. 2, Ch. 498, L. 1975; R.C.M. 1947, 11-3861(part); amd. Sec. 1, Ch. 534, L. 2001; amd. Sec. 1, Ch. 229, L. 2007; amd. Sec. 4, Ch. 373, L. 2011; amd. Sec. 7, Ch. 323, L. 2019.
MT Code § 76-3-204 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 2. Miscellaneous Exemptions|76-3-204. Repealed

  76-3-204. Repealed. Sec. 14, Ch. 379, L. 2013.   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(10); amd. Sec. 1, Ch. 500, L. 1985.
MT Code § 76-3-205 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 2. Miscellaneous Exemptions|76-3-205. Exemption for airport land and state-owned lands -- exception

  76-3-205. Exemption for airport land and state-owned lands -- exception. (1) A division of land created by lease or rental of contiguous airport-related land owned by a city, a county, the state, or a municipal or regional airport authority is not subject to the requirements of this chapter if the lease or rental is for onsite weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or air carrier-related activities.   (2) A division of state-owned land is not subject to the requirements of this chapter unless the division creates a second or subsequent parcel from a single tract for sale, rent, or lease for residential purposes after July 1, 1974.   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(5); amd. Sec. 1, Ch. 548, L. 1999.
MT Code § 76-3-206 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 2. Miscellaneous Exemptions|76-3-206. Exemption for conveyances executed prior to July 1, 1974

  76-3-206. Exemption for conveyances executed prior to July 1, 1974. This chapter shall not be applicable to deeds, contracts, leases, or other conveyances executed prior to July 1, 1974.   History: En. Sec. 12, Ch. 500, L. 1973; amd. Sec. 8, Ch. 334, L. 1974; R.C.M. 1947, 11-3870(part).
MT Code § 76-3-208 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 2. Miscellaneous Exemptions|76-3-208. Repealed

  76-3-208. Repealed. Sec. 14, Ch. 379, L. 2013.   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(7).
MT Code § 76-3-209 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 2. Miscellaneous Exemptions|76-3-209. Exemption from surveying and platting requirements for lands acquired for state highways

  76-3-209. Exemption from surveying and platting requirements for lands acquired for state highways. Instruments of transfer of land which is acquired for state highways may refer by parcel and project number to state highway plans which have been recorded in compliance with 60-2-209 and are exempted from the surveying and platting requirements of this chapter. If such parcels are not shown on highway plans of record, instruments of transfer of such parcels shall be accompanied by and refer to appropriate certificates of survey and plats when presented for recording.   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(4).
MT Code § 76-3-210 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 2. Miscellaneous Exemptions|76-3-210. Repealed

  76-3-210. Repealed. Sec. 23, Ch. 446, L. 2009.   History: (1)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; Sec. 11-3862, R.C.M. 1947; (2)En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; Sec. 11-3863, R.C.M. 1947; R.C.M. 1947, 11-3862(8), 11-3863(3.1); amd. Sec. 20, Ch. 582, L. 1999; amd. Sec. 10, Ch. 599, L. 2003.
MT Code § 76-3-211 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 2. Miscellaneous Exemptions|76-3-211. Agricultural covenant -- change in use

  76-3-211. Agricultural covenant -- change in use. (1) A change in use for anything other than agricultural purposes subjects a division of land that received an exemption under 76-3-207(1)(c) to subdivision review under parts 5 and 6 of this chapter. However, the governing body, in its discretion, may revoke the covenant provided for in 76-3-207(1)(c) for the purposes of this chapter and the division may proceed without subdivision review if:   (a) the original lot lines are restored through aggregation of the covenanted land prior to or in conjunction with the revoking of the covenant; or   (b) a government or public entity seeks to use the land for public purposes as defined in the governing body's review criteria pursuant to 76-3-504(1)(p).   (2) If a governing body proposes to revoke a covenant pursuant to subsection (1)(b), the governing body shall hold a public hearing. Within 15 days of the hearing, the governing body shall issue written findings of fact and a decision based on the record. If the governing body approves the revoking of the covenant, the approval must be recorded with the clerk and recorder.   (3) The revocation of a covenant pursuant to this section does not affect sanitary restrictions imposed under Title 76, chapter 4.   History: En. Sec. 1, Ch. 34, L. 2019.
MT Code § 76-3-301 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 3. Land Transfers|76-3-301. General restriction on transfer of title to subdivided lands

  76-3-301. General restriction on transfer of title to subdivided lands. (1) Except as provided in 76-3-303, every final subdivision plat must be filed for record with the county clerk and recorder before title to the subdivided land can be sold or transferred in any manner. The clerk and recorder of the county shall refuse to accept any plat for record that fails to have the approval of 76-3-611(1) in proper form unless the plat is located in an area over which the state does not have jurisdiction.   (2) The clerk and recorder shall notify the governing body or its designated agent of any land division described in 76-3-207(1).   (3) If transfers not in accordance with this chapter are made, the county attorney shall commence action to enjoin further sales or transfers and compel compliance with all provisions of this chapter. The cost of the action must be imposed against the party not prevailing.   History: En. Sec. 9, Ch. 500, L. 1973; amd. Sec. 7, Ch. 334, L. 1974; amd. Sec. 1, Ch. 553, L. 1977; R.C.M. 1947, 11-3867(part); amd. Sec. 1, Ch. 633, L. 1979; amd. Sec. 2, Ch. 340, L. 2001.
MT Code § 76-3-302 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 3. Land Transfers|76-3-302. Restrictions on recording instruments relating to land subject to surveying requirements

  76-3-302. Restrictions on recording instruments relating to land subject to surveying requirements. (1) Except as provided in subsection (2), the county clerk and recorder of any county may not record any instrument that purports to transfer title to or possession of a parcel or tract of land that is required to be surveyed by this chapter unless the required certificate of survey or subdivision plat has been filed with the clerk and recorder and the instrument of transfer describes the parcel or tract by reference to the filed certificate or plat.   (2) Subsection (1) does not apply when the parcel or tract to be transferred:   (a) is in a location in which the state does not have jurisdiction; or   (b) was created before July 1, 1973, and the instrument of transfer for the parcel or tract includes a reference to a previously recorded instrument of transfer or is accompanied by documents that, if recorded, would otherwise satisfy the requirements of this subsection. The reference or document must demonstrate that the parcel or tract existed before July 1, 1973.   (3) The reference or documents required in subsection (2) do not constitute a legal description of the property and may not be substituted for a legal description of the property.   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(3); amd. Sec. 1, Ch. 268, L. 1987; amd. Sec. 3, Ch. 340, L. 2001.
MT Code § 76-3-303 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 3. Land Transfers|76-3-303. Contract for deed permitted if buyer protected

  76-3-303. Contract for deed permitted if buyer protected. Notwithstanding the provisions of 76-3-301, after the preliminary plat of a subdivision has been approved or conditionally approved, the subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following conditions are met:   (1) under the terms of the contracts, the purchasers of lots in the proposed subdivision make any payments to an escrow agent, which must be a bank or savings and loan association chartered to do business in the state of Montana;   (2) under the terms of the contracts and the escrow agreement, the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the subdivider until the final plat of the subdivision is filed with the county clerk and recorder;   (3) the contracts and the escrow agreement provide that if the final plat of the proposed subdivision is not filed with the county clerk and recorder within 2 years of the preliminary plat approval, the escrow agent shall immediately refund to each purchaser any payments the purchaser has made under the contract;   (4) the county treasurer has certified that no real property taxes assessed and levied on the land to be divided are delinquent; and   (5) the contracts contain the following language conspicuously set out: "The real property that is the subject of this contract has not been finally platted, and until a final plat identifying the property has been filed with the county clerk and recorder, title to the property may not be transferred in any manner."   History: En. Sec. 9, Ch. 500, L. 1973; amd. Sec. 7, Ch. 334, L. 1974; amd. Sec. 1, Ch. 553, L. 1977; R.C.M. 1947, 11-3867(4); amd. Sec. 2, Ch. 379, L. 1985; amd. Sec. 2518, Ch. 56, L. 2009.
MT Code § 76-3-304 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 3. Land Transfers|76-3-304. Effect of recording complying plat

  76-3-304. Effect of recording complying plat. The recording of any plat made in compliance with the provisions of this chapter shall serve to establish the identity of all lands shown on and being a part of such plat. Where lands are conveyed by reference to a plat, the plat itself or any copy of the plat properly certified by the county clerk and recorder as being a true copy thereof shall be regarded as incorporated into the instrument of conveyance and shall be received in evidence in all courts of this state.   History: En. Sec. 12, Ch. 500, L. 1973; amd. Sec. 8, Ch. 334, L. 1974; R.C.M. 1947, 11-3870(3).