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MontanaHB 71469th Legislature, Regular Session (2025)HouseWALLET

Revise laws for divisions of land exempt from subdivision review

Sponsored By: Larry Brewster (Republican)

Became Law

Planning and DevelopmentCities and TownsCountiesLocal GovernmentProperty

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 3 costs, 2 mixed.

Big fines for evading subdivision rules

If a court finds you knowingly used a family‑transfer exemption to evade subdivision laws, you must pay a civil penalty. The penalty is the greater of $10,000 or 10% of the sales price, for each division. The money is paid to the local governing body.

Fees and taxes before dividing land

Before a division, the county treasurer must certify that all property taxes and special assessments on the land are paid. If the split includes centrally assessed property and taxes are not broken out, the Department of Revenue prorates the taxes; you must pay the prorated amount before the split, and the treasurer may accept it as partial payment of the total bill. Local government may also charge an examination fee, capped at $400 per application.

Large plat changes need approval

Inside a recorded platted subdivision, any change that increases the number of lots or that redesigns or rearranges six or more lots must be reviewed and approved by the local governing body. You cannot record the amended plat until the governing body approves it.

Family land transfers: size and resale limits

In zoned areas, each family-transfer parcel and the remainder must be at least 5 acres unless local zoning allows smaller lots. A recipient (or their spouse) who gets land under a family-transfer rule may not sell or convey it for up to 2 years; local government can set a shorter time or allow a hardship variance. You may transfer to an immediate family member regardless of age, and the recipient can own it jointly with a spouse. Transfers to minors must follow state rules for transfers to minors.

Some land splits skip full review

The law exempts certain land changes from subdivision review. Examples include moving a boundary outside a platted subdivision, a one-time gift or sale to an immediate family member in each county, splits with an exclusive agricultural-use covenant, and joining parcels when the plat removes old lines. Inside approved platted subdivisions, you may gift or sell to an immediate family member without extra subdivision review if the lot sizes fit the subdivision’s rules, but you must file an amended plat. All exempt actions still must meet survey rules and any zoning. The exemption does not apply if used to evade subdivision law.

Faster review and fewer hurdles

Local government must approve or deny a complete application within 20 working days. It may add only survey‑related conditions and cannot force you to appear in person during review. Your application must include an Attorney General form affidavit stating your intent and that you are not using the exemption to evade the law. The governing body must examine each proposed division, and the law defines what counts as documented evidence in enforcement (like documents, photos, video, or digital data).

Sponsors & Cosponsors

Sponsor

  • Larry Brewster

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 325 • No: 164

House vote • 4/18/2025

Do Concur

Yes: 57 • No: 41

House vote • 4/17/2025

Do Concur

Yes: 62 • No: 37

House vote • 4/11/2025

Do Concur

Yes: 45 • No: 3

House vote • 4/10/2025

Do Concur

Yes: 44 • No: 3

House vote • 3/7/2025

Do Pass

Yes: 56 • No: 43

House vote • 3/6/2025

Do Pass

Yes: 61 • No: 37

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025House

  2. Signed by Governor

    5/8/2025House

  3. Transmitted to Governor

    5/1/2025House

  4. Signed by President

    5/1/2025Senate

  5. Signed by Speaker

    4/29/2025House

  6. Returned from Enrolling

    4/20/2025House

  7. Sent to Enrolling

    4/18/2025House

  8. 3rd Reading Passed as Amended by Senate

    4/18/2025House

  9. 2nd Reading Senate Amendments Concurred

    4/17/2025House

  10. Returned to House with Amendments

    4/11/2025Senate

  11. 3rd Reading Concurred

    4/11/2025Senate

  12. 2nd Reading Concurred

    4/10/2025Senate

  13. Committee Report--Bill Concurred as Amended

    4/8/2025Senate

  14. Committee Executive Action--Bill Concurred as Amended

    4/7/2025Senate

  15. Hearing

    3/20/2025Senate

  16. Referred to Committee

    3/17/2025Senate

  17. First Reading

    3/14/2025Senate

  18. Transmitted to Senate

    3/7/2025House

  19. 3rd Reading Passed

    3/7/2025House

  20. 2nd Reading Passed

    3/6/2025House

  21. Committee Report--Bill Passed

    2/28/2025House

  22. Committee Executive Action--Bill Passed

    2/27/2025House

  23. Hearing

    2/26/2025House

  24. Hearing

    2/26/2025House

  25. First Reading

    2/25/2025House

Bill Text

  • Enrolled

    4/18/2025

    PDF

  • As Amended (Version 2)

    4/8/2025

    PDF

  • Introduced

    2/24/2025

    PDF

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