2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 25. Montana Land Use Planning Act › Part 4. Subdivision Regulations › 76-25-404. Contents of local subdivision regulations

76-25-404. Contents of local subdivision regulations.
(1) The subdivision regulations adopted under this part are limited to the following requirements:
(a) the date the regulations initially become effective under this chapter and the effective dates and the ordinance numbers for all subsequent amendments;
(b) design standards for all subdivisions in the jurisdiction, which may be incorporated by reference or may be based on the information and analysis contained in the land use plan and zoning regulations, including:
(i) standards for grading and erosion control;
(ii) standards for the design and arrangement of lots, streets, and roads;
(iii) standards for the location and installation of public utilities, including water supply and sewage and solid waste disposal;
(iv) standards for the provision of other public improvements; and
(v) legal and physical access to all lots;
(c) when a subdivision creates parcels with lot sizes averaging less than 5 acres, a requirement that the subdivider:
(i) reserve all or a portion of the appropriation water rights owned by the owner of the subject property, transfer the water rights to a single entity for use by landowners within the subdivision who have a legal right to the water, and reserve and sever any remaining surface water rights from the land;
(ii) if the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement that is administered through a single entity and that specifies administration and the rights and responsibilities of landowners within the subdivision who have a legal right and access to the water; or
(iii) reserve and sever all surface water rights from the land;
(d) except as provided in subsection (2), a requirement that the subdivider establish ditch easements that:
(i) are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of open ditches or belowground pipelines for the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right on the subdivision lots;
(ii) unless otherwise provided for under a separate written agreement or filed easement, provide for the unobstructed use and maintenance of existing water delivery ditches, pipelines, and facilities in the subdivision that are necessary to convey water through the subdivision to lands adjacent to or beyond the subdivision boundaries in quantities and in a manner that are consistent with historic and legal rights;
(iii) are a sufficient distance from the centerline of the ditch to allow for construction, repair, maintenance, and inspection of the ditch; and
(iv) prohibit the placement of structures or the planting of vegetation other than grass within the ditch easement without the written permission of the ditch owner;
(e) criteria that the planning administrator must use to determine whether a proposed method of disposition using the exemptions provided in this chapter is an attempt to evade the requirements of this chapter;
(f) a list of the materials that must be included in order for the application to be determined complete;
(g) subject to subsection (4), identification of circumstances or conditions that may necessitate the denial of any or specific types of development, such as unmitigable natural hazards, insufficient water supply, inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds for the supply of the services;
(h) subject to subsection (5), a list of public utilities and agencies of local, state, and federal government that the local government must seek input from during review of an application and for what information or analysis; or
(i) subject to subsection (6), requirements for the dedication of land, cash-in-lieu thereof, or a combination of both for parks and recreation purposes, not to exceed 0.03 acres per dwelling unit.
(2) A land donation under this section may be inside or outside of the subdivision.
(3) The regulations may not require ditch easements if:
(a) the average lot size is 1 acre or less and the subdivider provides for disclosure, in a manner acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated land that the lots may continue to be assessed for irrigation water delivery even though the water may not be deliverable; or
(b) the water rights are removed or the process has been initiated to remove the water rights from the subdivided land through an appropriate legal or administrative process and the removal or intended removal is denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall document that intent, when applicable, in agreements and legal documents for related sales transactions.
(4) (a) The regulations must prohibit development in circumstances or conditions identified in subsection (1)(g) unless the hazards or impacts may be eliminated or overcome by approved construction techniques or other mitigation measures identified in the subdivision regulations.
(b) Approved construction techniques or other mitigation measures described in subsection (4)(a) may not include building regulations as defined in 50-60-101 other than those identified by the department of labor and industry as provided in 50-60-901.
(5) If a proposed subdivision is situated within a rural school district, as described in 20-9-615, the local government shall provide a copy of the application and preliminary plat to the school district.
(6) (a) A park dedication may not be required for:
(i) land proposed for subdivision into parcels larger than 5 acres;
(ii) subdivision into parcels that are all nonresidential;
(iii) a subdivision in which parcels are not created, except when that subdivision provides multiple permanent spaces for recreational camping vehicles, mobile homes, or condominiums; or
(iv) a subdivision in which only one additional parcel is created.
(b) Subject to the approval of the local governing body and acceptance by the school district trustees, a subdivider may dedicate a land donation provided in subsection (6)(a) to a school district to be used for school facilities or buildings.
History: En. Sec. 28, Ch. 500, L. 2023.