reglab/statecodes huggingface dataset:
2023 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.
(5) If capacity for the subdivision was approved under a development plan as provided for in 75-6-130, the governing body shall require the subdivider to complete the water and sewer improvements within and to the proposed subdivision prior to the approval of the final plat. The subdivider shall provide a letter from the department that states that certification and as-builts for the subdivision have been received and that the municipality is in compliance with the applicable development plan.
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; amd. Sec. 5, Ch. 353, L. 2023.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 other information presented to the governing body at a hearing held pursuant to 76-3-605 constitutes relevant, new information regarding a subdivision application or a substantial change to the design of the subdivision that has never been submitted as evidence or considered by either the governing body or its agent or agency and has a substantial effect on the governing body's consideration of the application.
(3) If the governing body determines that the information presented to the governing body constitutes the information described in subsection (2), 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 the change to the design of the subdivision does not substantially impact the analysis of potentially significant adverse impacts; or
(b) schedule or direct its agent or agency to schedule a subsequent public hearing for consideration of only the new information, including a substantial change to the design of the subdivision for purposes of considering its findings of fact and conclusions and any proposed conditions of approval in light of the new information that the governing body will rely on 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; amd. Sec. 1, Ch. 171, L. 2023.
2023 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.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 6. Local Review Procedure › 76-3-620. Review requirements -- written statement

76-3-620. Review requirements -- written statement.
(1) In addition to the requirements of 76-3-604 and 76-3-609, following any decision by the governing body to deny or conditionally approve a proposed subdivision, the governing body shall, in accordance with the time limit established in 76-3-504(1)(r), prepare a written statement that:
(a) must be provided to the applicant;
(b) must be made available to the public;
(c) includes information regarding the appeal process for the denial or imposition of conditions;
(d) identifies the regulations and statutes that are used in reaching the decision and explains how they apply to the basis of the decision;
(e) provides the facts and conclusions that the governing body relied upon in making the decision and references documents, testimony, or other materials that form the basis of the decision; and
(f) identifies the conditions that apply to the preliminary plat approval and that must be satisfied before the final plat may be approved.
(2) If the governing body conditionally approves the proposed subdivision, each condition required for subdivision approval must identify a specific, documentable, and clearly defined purpose or objective related to the primary criteria set forth in 76-3-608(3) that forms the basis for the condition.
History: En. Sec. 2, Ch. 224, L. 1995; amd. Sec. 13, Ch. 298, L. 2005; amd. Sec. 20, Ch. 446, L. 2009; amd. Sec. 5, Ch. 319, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 6. Local Review Procedure › 76-3-625. Violations -- actions against governing body

76-3-625. Violations -- actions against governing body.
(1) A person who has filed with the governing body an application for a subdivision under this chapter may bring an action in district court to sue the governing body to recover actual damages caused by a final action, decision, or order of the governing body or a regulation adopted pursuant to this chapter within 180 days of the final action, decision, order, or adoption of a regulation. The governing body's decision, based on the record as a whole, must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.
(2) (a) A party identified in subsection (3) who is aggrieved by a decision of the governing body to approve, conditionally approve, or deny an application and preliminary plat for a proposed subdivision may, within 30 days from the date of the written decision, appeal to the district court in the county in which the property involved is located to challenge the approval, imposition of conditions, or denial of the preliminary plat.
(b) A party identified in subsection (3) who is aggrieved by any other final decision of the governing body regarding a subdivision may, within 30 days from the date of the written decision, appeal to the district court in the county in which the property involved is located to challenge the decision.
(c) A petition allowed in subsections (2)(a) and (2)(b) must specify the grounds upon which the appeal is made. The governing body's decision, based on the record as a whole, must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.
(3) The following parties may appeal under the provisions of subsection (2):
(a) the subdivider;
(b) a landowner with a property boundary contiguous to the proposed subdivision or a private landowner with property within the county or municipality where the subdivision is proposed if that landowner can show a likelihood of material injury to the landowner's property or its value;
(c) the county commissioners of the county where the subdivision is proposed; and
(d) (i) a first-class municipality, as described in 7-1-4111, if a subdivision is proposed within 3 miles of its limits;
(ii) a second-class municipality, as described in 7-1-4111, if a subdivision is proposed within 2 miles of its limits; and
(iii) a third-class municipality or a town, as described in 7-1-4111, if a subdivision is proposed within 1 mile of its limits.
(4) For the purposes of this section, "aggrieved" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the decision.
History: En. Sec. 10, Ch. 468, L. 1995; amd. Sec. 14, Ch. 298, L. 2005; amd. Sec. 22, Ch. 446, L. 2009; amd. Sec. 3, Ch. 362, L. 2017; amd. Sec. 2, Ch. 190, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 4. State Regulation of Subdivisions › Part 1. Sanitation in Subdivisions › 76-4-101. Public policy

76-4-101. Public policy.
It is the public policy of this state to extend present laws controlling water supply, sewage disposal, and solid waste disposal to include individual wells affected by adjoining sewage disposal and individual sewage systems to protect the quality and potability of water for public water supplies and domestic uses and to protect the quality of water for other beneficial uses, including uses relating to agriculture, industry, recreation, and wildlife.
History: En. Sec. 148, Ch. 197, L. 1967; amd. Sec. 1, Ch. 509, L. 1973; R.C.M. 1947, 69-5001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 4. State Regulation of Subdivisions › Part 1. Sanitation in Subdivisions › 76-4-103. What constitutes subdivision

76-4-103. What constitutes subdivision.
The plat for a subdivision must show all parcels, whether contiguous or not. A parcel that is 20 acres or more in size, exclusive of public roadways, is not subject to review under this part unless the parcel provides two or more permanent spaces for recreational camping vehicles or mobile homes. The rental or lease of one or more parts of a single building, structure, or other improvement, whether existing or proposed, is not a subdivision, as that term is defined in this part, and is not subject to the requirements of this part.
History: En. Sec. 149, Ch. 197, L. 1967; amd. Sec. 2, Ch. 509, L. 1973; amd. Sec. 1, Ch. 529, L. 1975; amd. Sec. 2, Ch. 557, L. 1977; R.C.M. 1947, 69-5002(part); amd. Sec. 2, Ch. 592, L. 1985; amd. Sec. 4, Ch. 80, L. 2019; amd. Sec. 2, Ch. 419, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 4. State Regulation of Subdivisions › Part 1. Sanitation in Subdivisions › 76-4-105. Subdivision fees -- subdivision program funding

76-4-105. Subdivision fees -- subdivision program funding.
(1) The department shall adopt rules setting forth fees that do not exceed actual costs for reviewing plats and subdivisions, conducting inspections pursuant to 76-4-107, and conducting enforcement activities pursuant to 76-4-108. The rules must provide for a schedule of fees to be paid by the applicant to the department. The fees must be used for review of plats and subdivisions, conducting inspections pursuant to 76-4-107, and conducting enforcement activities pursuant to 76-4-108. The fees must be based on the complexity of the subdivision, including but not limited to:
(a) the number of lots in the subdivision;
(b) the type of water system to serve the development;
(c) the type of sewage disposal to serve the development; and
(d) the degree of environmental research necessary to supplement the review procedure.
(2) (a) Except as provided for in subsection (2)(b), for extensions requested by the department of the deadlines in 76-4-114, the department shall refund the applicant:
(i) for the first extension, 25% of the fees;
(ii) for the second extension, 50% of the fees; and
(iii) for the third extension, the remaining fees paid.
(b) Reimbursement is not required for extensions:
(i) requested by the applicant under 76-4-114(4); or
(ii) necessary under 76-4-114(5) to obtain the required information in 76-4-115(2).
(c) A reimbursement provided for in this subsection (2) applies only to the portions of the application review being completed by the department.
(3) The department shall adopt rules to determine the distribution of fees to the local reviewing authority for reviews conducted pursuant to 76-4-104, inspections conducted pursuant to 76-4-107, and enforcement activities conducted pursuant to 76-4-108.
(4) The local reviewing authority may establish a fee to review applications, conduct site visits, and review applicable exemptions under this chapter. The fee must be paid directly to the local reviewing authority and may not exceed the local reviewing authority's actual cost that is not otherwise reimbursed by the department from fees adopted pursuant to this section.
History: Ap. p. Sec. 152, Ch. 197, L. 1967; amd. Sec. 3, Ch. 509, L. 1973; amd. Sec. 3, Ch. 529, L. 1975; amd. Sec. 3, Ch. 557, L. 1977; Sec. 69-5005, R.C.M. 1947; Ap. p. Sec. 150, Ch. 197, L. 1967; amd. Sec. 4, Ch. 509, L. 1973; amd. Sec. 2, Ch. 529, L. 1975; amd. Sec. 12, Ch. 140, L. 1977; amd. Sec. 1, Ch. 554, L. 1977; Sec. 69-5003, R.C.M. 1947; R.C.M. 1947, 69-5003(part), 69-5005(part); amd. Sec. 1, Ch. 553, L. 1981; amd. Sec. 33, Ch. 281, L. 1983; amd. Sec. 1, Ch. 696, L. 1983; amd. Sec. 3, Ch. 490, L. 1985; amd. Sec. 3, Ch. 592, L. 1985; amd. Sec. 1, Ch. 708, L. 1985; (5)En. Sec. 2, Ch. 708, L. 1985; amd. Sec. 9, Ch. 645, L. 1991; amd. Sec. 1, Ch. 514, L. 1993; amd. Sec. 6, Ch. 280, L. 2001; amd. Sec. 6, Ch. 80, L. 2019; amd. Sec. 4, Ch. 419, L. 2021; amd. Sec. 4, Ch. 611, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 4. State Regulation of Subdivisions › Part 1. Sanitation in Subdivisions › 76-4-106. Cooperation with other governmental agencies

76-4-106. Cooperation with other governmental agencies.
(1) The reviewing authority may require the use of records of all state, county, and municipal agencies and may seek the assistance of those agencies.
(2) State, county, and municipal officers and employees, including local health officers and sanitarians, shall cooperate with the reviewing authority in furthering the purposes of this part so far as is practical and consistent with their own duties.
(3) A local reviewing authority without a registered sanitarian or a registered professional engineer to conduct a review under this part may contract with another local reviewing authority for the services of its registered sanitarian or registered professional engineer to conduct the review.
History: En. Sec. 8, Ch. 509, L. 1973; R.C.M. 1947, 69-5009; amd. Sec. 4, Ch. 490, L. 1985.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 4. State Regulation of Subdivisions › Part 1. Sanitation in Subdivisions › 76-4-107. Authority to inspect and monitor -- certification

76-4-107. Authority to inspect and monitor -- certification.
(1) In order to carry out the objectives of this part, to monitor the installation of sewage disposal and water supply systems, and to prevent the occurrence of water pollution problems associated with subdivision development, the reviewing authority, whenever any water supply or sewage disposal system is proposed or has been constructed, may:
(a) enter any public or private property, at reasonable times and after presentation of appropriate credentials by an authorized representative of the reviewing authority, to inspect the system in order to ensure that the plans and specifications approved for the system have been adhered to and that the provisions of this part, rules, or orders are being satisfied;
(b) require as a condition of approval that records concerning the operation of a sewage disposal or water supply system be maintained or that monitoring equipment or wells be installed, used, and maintained for the collection of data related to water quality.
(2) The reviewing authority shall require certification from a registered professional engineer that a public water supply system or a public sewage disposal system required by rule to be designed by a registered professional engineer has been constructed according to approved plans and specifications.
History: En. 69-5010 by Sec. 1, Ch. 557, L. 1977; R.C.M. 1947, 69-5010; amd. Sec. 5, Ch. 490, L. 1985; amd. Sec. 1, Ch. 294, L. 1987; amd. Sec. 7, Ch. 80, L. 2019.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 4. State Regulation of Subdivisions › Part 1. Sanitation in Subdivisions › 76-4-108. Enforcement

76-4-108. Enforcement.
(1) If the reviewing authority has reason to believe that a violation of this part or a rule adopted or an order issued under this part has occurred, the reviewing authority may have written notice and an order served personally or by certified mail on the alleged violator or the alleged violator's agent. The notice must state the provision alleged to be violated, the facts alleged to constitute the violation, the corrective action required by the reviewing authority, and the time within which the action is to be taken. A notice and order issued by the department under this section may also assess an administrative penalty as provided in 76-4-109. The alleged violator may, no later than 30 days after service of a notice and order under this section, request a hearing before the local reviewing authority if it issued the notice of violation or the board if the department issued the notice of violation. A request for a hearing must be filed in writing with the appropriate entity and must state the reason for the request. If a request is filed, a hearing must be held within a reasonable time.
(2) In addition to or instead of issuing an order, the reviewing authority may initiate any other appropriate action to compel compliance with this part.
(3) The provisions of this part may be enforced by a reviewing authority other than the department or board only for those divisions described in 76-4-104(4). If a local reviewing authority fails to adequately enforce the provisions of this part, the department or the board may compel compliance with this part under the provisions of this section.
(4) When a local reviewing authority exercises the authority delegated to it by this section, the local reviewing authority is legally responsible for its actions under this part.
(5) If the department or a local reviewing authority determines that a violation of this part, a rule adopted under this part, or an order issued under this part has occurred, the department or the local reviewing authority may revoke its certificate of approval for the subdivision and reimpose sanitary restrictions following written notice to the alleged violator. Upon revocation of a certificate, the person aggrieved by revocation may request a hearing. A hearing request must be filed in writing within 30 days after receipt of the notice of revocation and must state the reason for the request. The hearing is before the board if the department revoked the certificate or before the local reviewing authority if the local reviewing authority revoked the certificate.
(6) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.
History: En. Sec. 6, Ch. 509, L. 1973; R.C.M. 1947, 69-5007; amd. Sec. 6, Ch. 490, L. 1985; (5)En. Sec. 16, Ch. 490, L. 1985; amd. Sec. 4, Ch. 79, L. 2001; amd. Sec. 7, Ch. 443, L. 2005; amd. Sec. 4, Ch. 752, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 4. State Regulation of Subdivisions › Part 1. Sanitation in Subdivisions › 76-4-109. Penalties

76-4-109. Penalties.
(1) A person who violates a provision of this part, except 76-4-122(1), or a rule adopted or an order issued under this part is guilty of an offense and subject to a fine in an amount not to exceed $1,000.
(2) (a) In addition to the fine specified in subsection (1), a person who violates any provision of this part or any rule adopted or order issued under this part is subject to an administrative penalty in an amount not to exceed $250 or a civil penalty in an amount not to exceed $1,000. Each day of violation constitutes a separate violation.
(b) Penalties assessed under this subsection (2) must be determined in accordance with the penalty factors in 76-4-1001. An action to recover penalties must be brought in the district court of the county in which the violation occurred.
(3) Penalties imposed under subsection (1) or (2) do not bar enforcement of this part or rules or orders issued under it by injunction or other appropriate remedy.
(4) The purpose of this section is to provide additional and cumulative remedies.
History: En. Sec. 7, Ch. 509, L. 1973; R.C.M. 1947, 69-5008(part); amd. Sec. 7, Ch. 490, L. 1985; amd. Sec. 8, Ch. 443, L. 2005; amd. Sec. 23, Ch. 487, L. 2005; amd. Sec. 44, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 4. State Regulation of Subdivisions › Part 1. Sanitation in Subdivisions › 76-4-110. Additional remedies available

76-4-110. Additional remedies available.
This part does not abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor does any provision of this part or any act done by virtue of it estop the state, any municipality or other subdivision of the state, or any person in the exercise of the person's rights in equity or under the common law or statutory law.
History: En. Sec. 7, Ch. 509, L. 1973; R.C.M. 1947, 69-5008(part); amd. Sec. 2520, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 4. State Regulation of Subdivisions › Part 1. Sanitation in Subdivisions › 76-4-111. Exemption for certain condominiums, townhomes, and townhouses

76-4-111. Exemption for certain condominiums, townhomes, and townhouses.
(1) Condominiums, townhomes, or townhouses, as those terms are defined in 70-23-102, constructed on land subdivided in compliance with parts 5 and 6 of the Montana Subdivision and Platting Act and this part are exempt from the provisions of this part.
(2) Whenever a parcel of land has previously been reviewed under either department requirements or local health requirements and has received approval for a given number of living units, duplexes, or commercial units, the construction or conversion of the same or a fewer number of condominium units, townhomes, or townhouses on that parcel is not subject to the provisions of this part, provided that, if a new extension of a public water supply system or extension of a public sewage system is required to serve the development, the department reviews and approves plans for the extension.
History: En. Sec. 149, Ch. 197, L. 1967; amd. Sec. 2, Ch. 509, L. 1973; amd. Sec. 1, Ch. 529, L. 1975; amd. Sec. 2, Ch. 557, L. 1977; R.C.M. 1947, 69-5002(part); amd. Sec. 4, Ch. 592, L. 1985; (3)En. Sec. 9, Ch. 592, L. 1985; amd. Sec. 28, Ch. 582, L. 1999; amd. Sec. 7, Ch. 280, L. 2001; amd. Sec. 1, Ch. 62, L. 2017; amd. Sec. 8, Ch. 80, L. 2019; amd. Sec. 8, Ch. 323, L. 2019; amd. Sec. 5, Ch. 419, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 4. State Regulation of Subdivisions › Part 1. Sanitation in Subdivisions › 76-4-112. Easements and restrictive covenants

76-4-112. Easements and restrictive covenants.
(1) The reviewing authority may require the owner of a proposed subdivision to grant an easement or enter into a restrictive covenant pursuant to rules adopted by the department for the purpose of:
(a) ensuring the long-term operation and maintenance of water supply, storm water drainage, and sewage disposal facilities;
(b) protecting state waters; or
(c) prohibiting the placement of water wells within a ground water mixing zone.
(2) An easement or covenant required under this section must run with the land. The easement or covenant may be enforced by the reviewing authority. The easement or covenant may not be terminated without the consent of the reviewing authority.
History: En. Sec. 1, Ch. 280, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 4. State Regulation of Subdivisions › Part 1. Sanitation in Subdivisions › 76-4-113. Notification to purchasers

76-4-113. Notification to purchasers.
The developer or owner of an approved subdivision shall provide each purchaser of property within the subdivision with a copy of the plat or certificate of survey and the certificate of subdivision approval specifying the approved type and locations of water supply, storm water drainage, and sewage disposal facilities and information regarding connection to municipal, county water and/or sewer district, or regional authority facilities provided for under 76-4-130. Each subsequent seller of property within the subdivision shall include within the instruments of transfer a reference to the conditions of the certificate of subdivision approval. The seller of any lot recorded with the exemption in 76-4-125(1)(c) shall include within the instruments of transfer a reference to that exclusion and a statement that the lot has not been reviewed or approved under this part. A written verification of notice that is signed by both the seller and the purchaser and is recorded with the county clerk and recorder constitutes conclusive evidence of compliance with this section for that transaction.
History: En. Sec. 2, Ch. 280, L. 2001; amd. Sec. 9, Ch. 80, L. 2019; amd. Sec. 6, Ch. 419, L. 2021.