2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 4. Subdivision Regulations › 76-25-403. Adoption and amendment of subdivision regulations

76-25-403. Adoption and amendment of subdivision regulations.
(1) (a) The governing body shall adopt or amend subdivision regulations only after consideration by and on the recommendation of the planning commission.
(b) An amendment to adopted subdivision regulations may be initiated:
(i) by majority vote of the governing body;
(ii) on petition of at least 15% of the electors of the local government jurisdiction to which the regulations apply, as registered at the last general election; or
(iii) by a property owner, as related to an application for any zoning, subdivision, or other land use permit or approval.
(2) Prior to making a recommendation to the governing body to adopt or amend subdivision regulations, the planning commission shall:
(a) provide public notice and participation in accordance with 76-25-106;
(b) accept, consider, and respond to public comment on the proposed subdivision regulation or amendment to a subdivision regulation. All public comment must be part of the administrative record transmitted to the governing body.
(c) make a preliminary determination as to whether the subdivision regulation or amendment to a subdivision regulation is in substantial compliance with the land use plan and zoning regulations, including whether the regulation or amendment:
(i) enables the development of projected needed housing types identified in the land use plan and zoning regulations;
(ii) reflects applicable strategies from the land use plan and zoning regulations to encourage the development of housing within the jurisdiction;
(iii) facilitates the adequate provision of public safety, emergency, utility, transportation, education, and any other local facilities or services for proposed development, as identified in the land use plan and zoning regulations;
(iv) reflects standards that provide for existing, new, or expanding commercial, industrial, and institutional enterprises identified in the land use plan and zoning regulations for economic growth;
(v) protects and maximizes the potential use of natural resources within the area, as identified in the land use plan and zoning regulations;
(vi) contains standards that minimize or avoid impacts to the natural environment within the area, as identified in the land use plan and zoning regulations; and
(vii) contains standards that avoid or minimize dangers associated with natural hazards in the jurisdiction, as identified in the land use plan and zoning regulations; and
(d) preliminarily determine whether the proposed subdivision regulation or amendment to a subdivision regulation results in new or increased potential impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessments conducted for the land use plan and zoning regulations.
(3) If the planning commission finds new or increased potential impacts from the proposed regulation or amendment to a regulation pursuant to subsection (2)(d), the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission and the public with the opportunity, pursuant to 76-25-106, to comment on and consider all potential impacts resulting from adoption of the subdivision regulation or amendment to a subdivision regulation.
(4) After meeting the requirements of subsection (2), the planning commission shall make a final recommendation to the governing body to approve, modify, or reject the proposed subdivision regulation or amendment to a subdivision regulation.
(5) (a) The governing body shall consider each subdivision regulation or amendment to a subdivision regulation that the planning commission recommends to the governing body.
(b) After providing public notice and participation in accordance with 76-25-106, the governing body may adopt, adopt with revisions that the governing body considers appropriate, or reject the subdivision regulation or amendment to a subdivision regulation as proposed by the planning commission.
(c) The governing body may not adopt or amend a subdivision regulation unless the governing body finds:
(i) the subdivision regulation or amendment to a subdivision regulation is in substantial compliance with the land use plan and zoning regulations; and
(ii) the impacts resulting from development in substantial compliance with the proposed subdivision regulation or amendment to a subdivision regulation have been made available for public review and comment, which have been fully considered by the governing body.
(6) After the subdivision regulation or amendment to a subdivision regulation has been adopted by the governing body, there is a presumption that:
(a) all subdivisions in substantial compliance with the adopted regulation or amendment are in substantial compliance with the land use plan and zoning regulations; and
(b) the public has been provided a meaningful opportunity to participate.
History: En. Sec. 27, Ch. 500, L. 2023.