reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 3. Municipal Zoning › 76-2-326. Appeals to board of adjustment

76-2-326. Appeals to board of adjustment.
(1) Appeals to the board of adjustment may be taken by a person aggrieved or by an officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. An appeal must be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds of the appeal.
(2) The officer from whom the appeal is taken shall, in a timely manner, transmit to the board all papers constituting the record upon which the action appealed was taken.
(3) An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with the officer that by reason of facts stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life or property. In that case, proceedings may not be stayed except by a restraining order, which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.
(4) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice of the hearing as well as due notice to the parties in interest, and decide the appeal within a reasonable time.
(5) At the hearing, any party may appear in person or by the party's attorney.
History: En. Sec. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(3), (4); amd. Sec. 2516, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 3. Municipal Zoning › 76-2-327. Appeals from board to court of record

76-2-327. Appeals from board to court of record.
(1) Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department, board, or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the court within 30 days after the filing of the decision in the office of the board.
(2) Upon the presentation of the petition, the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board of adjustment and shall prescribe in the writ the time within which a return must be made and served upon the relator's attorney, which may not be less than 10 days and may be extended by the court. The allowance of the writ does not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board, and on due cause shown, grant a restraining order. The board of adjustment may not be required to return the original papers acted upon by it, but it is sufficient to return certified or sworn copies of the original papers or of portions of the original papers that may be called for by the writ. The return must concisely set forth other facts that may be pertinent and material to show the grounds of the decision appealed from and must be verified.
(3) If, upon the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence that it may direct and report the evidence to the court with the referee's findings of fact and conclusions of law, which constitute a part of the proceedings upon which the determination of the court must be made.
(4) The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
History: En. Sec. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(8) thru (11); amd. Sec. 2517, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 3. Municipal Zoning › 76-2-328. Awarding of costs upon appeal from board decision

76-2-328. Awarding of costs upon appeal from board decision.
Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.
History: En. Sec. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(12).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 3. Municipal Zoning › 76-2-340. Effect on amateur radio antenna

76-2-340. Effect on amateur radio antenna.
A resolution or rule adopted pursuant to this part may not:
(1) prevent the erection of an amateur radio antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States; or
(2) establish a maximum height limit for an amateur radio antenna of less than 100 feet above the ground.
History: En. Sec. 4, Ch. 56, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 4. Application to Governmental Agencies Group and Foster Homes › 76-2-401. Definitions

76-2-401. Definitions.
As used in 76-2-402, the following definitions apply:
(1) "Agency" means a board, bureau, commission, department, an authority, or other entity of state or local government.
(2) "Local zoning regulations" means zoning regulations adopted pursuant to Title 76, chapter 2.
History: En. Sec. 1, Ch. 397, L. 1981.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 4. Application to Governmental Agencies Group and Foster Homes › 76-2-402. Local zoning regulations -- application to agencies

76-2-402. Local zoning regulations -- application to agencies.
(1) Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing must be held and the agency shall attend the public hearing.
(2) The local governing body shall hold a hearing within 30 days of the date the agency gives notice to the local governing body of its intent to develop land contrary to local zoning regulations.
History: En. Sec. 2, Ch. 397, L. 1981; amd. Sec. 1, Ch. 362, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 4. Application to Governmental Agencies Group and Foster Homes › 76-2-411. Definition of community residential facility

76-2-411. Definition of community residential facility.
"Community residential facility" means:
(1) a community group home for developmentally, mentally, or severely disabled persons that does not provide skilled or intermediate nursing care;
(2) a youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or youth group home as defined in 52-2-602;
(3) a halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug dependent persons;
(4) a licensed adult foster family care home; or
(5) an assisted living facility licensed under 50-5-227.
History: En. Sec. 1, Ch. 350, L. 1973; amd. Sec. 1, Ch. 129, L. 1974; amd. Sec. 6, Ch. 364, L. 1975; R.C.M. 1947, 11-2702.1; MCA 1981, 76-2-313; redes. 76-2-411 by Code Commissioner, 1983; amd. Sec. 28, Ch. 465, L. 1983; amd. Sec. 1, Ch. 309, L. 1985; amd. Sec. 9, Ch. 514, L. 1987; amd. Sec. 236, Ch. 418, L. 1995; amd. Sec. 545, Ch. 546, L. 1995; amd. Secs. 1, 2, Ch. 400, L. 2003; amd. Sec. 31, Ch. 504, L. 2003.
2023 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, as defined in 52-2-703, 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 15 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.
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; amd. Sec. 1, Ch. 553, L. 2023.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 10. Digital Asset Mining › 76-2-1003. Right to mine digital assets

76-2-1003. Right to mine digital assets.
(1) A governing body of a city or town, the governing bodies of more than one city or town, the governing body of a county, or any combination of those governing bodies may not enact an ordinance, resolution, or rule that:
(a) imposes requirements on a digital asset mining business that are not also requirements for data centers in its area of jurisdiction;
(b) prevents a digital asset mining business from operating in an area zoned for industrial use; or
(c) prevents home digital asset mining at a private residence, except as related to existing noise ordinances.
(2) Any digital asset mining business operating on or before May 2, 2023, may continue to operate regardless of any change in zoning or regulations.
History: En. Sec. 3, Ch. 344, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
Except as provided in 76-3-207, any person who violates any provision of this chapter or any local regulations adopted pursuant to this chapter 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 to this chapter must 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; amd. Sec. 1, Ch. 332, L. 2023.
2023 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.
2023 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.
(1) 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:
(a) 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
(b) the condominium, townhome, or townhouse proposal is in conformance with applicable local zoning regulations pertaining to land use, density, bulk and dimensional requirements, landscaping, and parking requirements when local zoning regulations are in effect.
(2) A determination whether the condominium, townhome, townhouse, or conversion proposal is exempt from the provisions of this chapter must be made by the governing body or the agent or agency designated by the governing body within 20 working days of the receipt of an application containing all materials and information required by the governing body to complete the determination.
(3) The governing body may not enact regulations prohibiting the townhome form of ownership or impose conditions on a determination that the condominium, townhome, townhouse, or conversion proposal is exempt from the provisions of this chapter, and may not require the condominium, townhome, townhouse, or conversion proposal to undergo a conditional use permit or other quasi-judicial governmental review process pursuant to regulations adopted pursuant to Title 76, chapter 2, as a prerequisite to determining eligibility for an exemption from the provisions of this chapter.
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; amd. Sec. 1, Ch. 448, L. 2023.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 3. Land Transfers › 76-3-305. Vacation of plats -- utility easements

76-3-305. Vacation of plats -- utility easements.
(1) Any plat prepared and recorded as provided in this part may be vacated either in whole or in part as provided by 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the governing body or the district court, as provided in 7-5-2502, shall determine to which properties the title to the streets and alleys of the vacated portions must revert. The governing body or the district court, as provided in 7-5-2502, shall take into consideration the previous platting; the manner in which the right-of-way was originally dedicated, granted, or conveyed; the reasons stated in the petition requesting the vacation; the parties requesting the vacation; and any agreements between the adjacent property owners regarding the use of the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions.
(2) However, when any poleline, pipeline, or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public utility facility.
History: En. Sec. 12, Ch. 500, L. 1973; amd. Sec. 8, Ch. 334, L. 1974; R.C.M. 1947, 11-3870(1); amd. Sec. 1, Ch. 100, L. 1995; amd. Sec. 277, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 3. Land Transfers › 76-3-306. Covenants run with the land

76-3-306. Covenants run with the land.
All covenants shall be considered to run with the land, whether marked or noted on the subdivision plat or contained in a separate instrument recorded with the plat.
History: En. Sec. 11, Ch. 500, L. 1973; R.C.M. 1947, 11-3869.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 3. Land Transfers › 76-3-307. Donations or grants to public considered a grant to donee

76-3-307. Donations or grants to public considered a grant to donee.
Every donation or grant to the public or to any person, society, or corporation marked or noted on a plat is to be considered a grant to the donee.
History: En. Sec. 13, Ch. 500, L. 1973; R.C.M. 1947, 11-3871.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 4. Survey Requirements › 76-3-401. Survey requirements for lands other than subdivisions

76-3-401. Survey requirements for lands other than subdivisions.
All divisions of land for sale other than a subdivision after July 1, 1974, into parcels which cannot be described as 1/32 or larger aliquot parts of a United States government section or a United States government lot must be surveyed by or under the supervision of a registered land surveyor. Surveys required under this section must comply with the requirements of 76-3-406.
History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec. 2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(1); amd. Sec. 2, Ch. 136, L. 1993.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 4. Survey Requirements › 76-3-402. Survey and platting requirements for subdivided lands

76-3-402. Survey and platting requirements for subdivided lands.
(1) Every subdivision of land after June 30, 1973, must be surveyed and platted in conformance with this chapter, including the requirements of 76-3-406, by or under the supervision of a registered land surveyor.
(2) Subdivision plats must be prepared and filed in accordance with this chapter and regulations adopted pursuant to this chapter.
(3) All division of sections into aliquot parts and retracement of lines must conform to United States bureau of land management instructions, and all public land survey corners must be filed in accordance with Corner Recordation Act of Montana (Title 70, chapter 22, part 1). Engineering plans, specifications, and reports required in connection with public improvements and other elements of the subdivision required by the governing body must be prepared and filed by a registered engineer or a registered land surveyor, as their respective licensing laws allow, in accordance with this chapter and regulations adopted pursuant to this chapter.
History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec. 2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(2); amd. Sec. 3, Ch. 136, L. 1993.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 4. Survey Requirements › 76-3-403. Monumentation

76-3-403. Monumentation.
(1) The board of professional engineers and professional land surveyors shall, in conformance with the Montana Administrative Procedure Act, prescribe uniform standards for monumentation and for the form, accuracy, and descriptive content of records of survey.
(2) It is the responsibility of the governing body to require the replacement of all monuments removed in the course of construction.
History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec. 2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(11), (12); amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 211, Ch. 483, L. 2001; amd. Sec. 6, Ch. 190, L. 2003.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 4. Survey Requirements › 76-3-404. Certificate of survey

76-3-404. Certificate of survey.
(1) Except as provided in 70-22-105, within 180 days of the completion of a survey, the registered land surveyor responsible for the survey, whether the surveyor is privately or publicly employed, shall prepare and submit for filing a certificate of survey in the county in which the survey was made if the survey:
(a) provides material evidence not appearing on any map filed with the county clerk and recorder or contained in the records of the United States bureau of land management;
(b) reveals a material discrepancy in the map;
(c) discloses evidence to suggest alternate locations of lines or points; or
(d) establishes one or more lines not shown on a recorded map, the positions of which are not ascertainable from an inspection of the map without trigonometric calculations.
(2) A certificate of survey is not required for any survey that is made by the United States bureau of land management, that is preliminary, or that will become part of a subdivision plat being prepared for recording under the provisions of this chapter.
(3) Certificates of survey must be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record and must conform to monumentation and surveying requirements promulgated under this chapter.
History: En. Sec. 14, Ch. 500, L. 1973; R.C.M. 1947, 11-3872; amd. Sec. 2, Ch. 633, L. 1979; amd. Sec. 4, Ch. 549, L. 2003.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 4. Survey Requirements › 76-3-405. Administration of oaths by registered land surveyor

76-3-405. Administration of oaths by registered land surveyor.
(1) A registered land surveyor may administer and certify oaths when:
(a) it becomes necessary to take testimony for the identification of old corners or reestablishment of lost or obliterated corners;
(b) a corner or monument is found in a deteriorating condition and it is desirable that evidence concerning it be perpetuated;
(c) the importance of the survey makes it desirable to administer an oath to the surveyor's assistants for the faithful performance of their duty.
(2) A record of oaths must be preserved as part of the field notes of the survey and noted on the certificate of survey filed under 76-3-404.
History: En. Sec. 17, Ch. 500, L. 1973; R.C.M. 1947, 11-3875; amd. Sec. 11, Ch. 266, L. 1979; amd. Sec. 2519, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 4. Survey Requirements › 76-3-406. Surveys affecting irrigation districts -- additional survey requirements

76-3-406. Surveys affecting irrigation districts -- additional survey requirements.
(1) (a) A surveyor who completes a survey identified in subsection (2) that establishes or defines a section line and creates a parcel that crosses the established or defined section line so that an irrigation district assessment boundary is included in more than 1 section shall note on the survey the acreage of the farm unit or created parcel in each section.
(b) The surveyor shall notify the appropriate irrigation district of the existence of the survey and the purpose of the survey.
(2) The requirements of subsection (1) apply only to surveys for which the surveyor determines that, based on available public records, the survey involves land:
(a) traversed by a canal or ditch owned by an irrigation district; or
(b) included in an irrigation district.
(3) For purposes of this section, "irrigation district" means a district established pursuant to Title 85, chapter 7.
History: En. Sec. 1, Ch. 136, L. 1993.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 4. Survey Requirements › 76-3-411. Board to prescribe standards

76-3-411. Board to prescribe standards.
The board of professional engineers and professional land surveyors shall, in conformance with the Montana Administrative Procedure Act, prescribe uniform standards governing certificates of survey and final subdivision plats.
History: En. Sec. 1, Ch. 258, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 5. Local Regulations › 76-3-501. Local subdivision regulations

76-3-501. Local subdivision regulations.
(1) The governing body of every county, city, and town shall adopt and provide for the enforcement and administration of subdivision regulations reasonably providing for:
(a) the orderly development of their jurisdictional areas;
(b) the coordination of roads within subdivided land with other roads, both existing and planned;
(c) the dedication of land for roadways and for public utility easements;
(d) the improvement of roads;
(e) the provision of adequate open spaces for travel, light, air, and recreation;
(f) the provision of adequate transportation, water, and drainage;
(g) subject to the provisions of 76-3-511, the regulation of sanitary facilities;
(h) the avoidance or minimization of congestion; and
(i) the avoidance of subdivisions that would involve unnecessary environmental degradation and danger of injury to health, safety, or welfare by reason of natural hazard, including but not limited to fire and wildland fire, or the lack of water, drainage, access, transportation, or other public services or that would necessitate an excessive expenditure of public funds for the supply of the services.
(2) Any action that is not specifically prohibited in the conditions of subdivision approval is specifically allowed or is otherwise subject to additional restrictions that may be provided in the governing documents of the subdivision and applicable zoning regulations.
(3) If a local government has historically interpreted and enforced or chosen not to enforce a condition of subdivision approval to the benefit of a parcel owner, the local government may not undertake a different interpretation or enforcement action against a similarly situated parcel owner in the same subdivision.
History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(part); amd. Sec. 1, Ch. 378, L. 1985; amd. Sec. 17, Ch. 471, L. 1995; amd. Sec. 2, Ch. 298, L. 2005; amd. Sec. 2, Ch. 443, L. 2007; amd. Sec. 1, Ch. 319, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 5. Local Regulations › 76-3-502. Repealed

76-3-502. Repealed.
Sec. 4, Ch. 236, L. 1981.
History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(part); amd. Sec. 6, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 5. Local Regulations › 76-3-503. Hearing on proposed regulations

76-3-503. Hearing on proposed regulations.
Before the governing body adopts subdivision regulations pursuant to 76-3-501 or 76-3-509, it shall hold a public hearing on the regulations and shall give public notice of its intent to adopt the regulations and of the public hearing by publication of notice of the time and place of the hearing in a newspaper of general circulation in the county not less than 15 or more than 30 days prior to the date of the hearing.
History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(part); amd. Sec. 4, Ch. 348, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 5. Local Regulations › 76-3-505. Repealed

76-3-505. Repealed.
Sec. 16, Ch. 298, L. 2005.
History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(5); amd. Sec. 1, Ch. 579, L. 1985; amd. Sec. 1, Ch. 256, L. 1987; amd. Sec. 239, Ch. 418, L. 1995; amd. Sec. 22, Ch. 582, L. 1999; amd. Sec. 12, Ch. 599, L. 2003.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 3. Local Regulation of Subdivisions › Part 5. Local Regulations › 76-3-506. Provision for granting variances

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