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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)

Signed by Governor

PlanningCities and TownsCountiesLocal GovernmentProperty

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 3 costs, 2 mixed.

Big fines for evading land-split rules

If a court finds, using documented evidence, that you knowingly evaded the subdivision law through an exempt division, you owe a civil penalty to the local government. The fine is at least $10,000 per division. If the parcel was sold to a third party, the fine is 10% of the sale price if that is more. This civil penalty is the only remedy for that violation.

Pay property taxes before land splits

You cannot divide land until the county treasurer certifies that all property taxes and special assessments on the land are paid. If the split involves centrally assessed property and the tax bill does not show the split, the Department of Revenue must prorate the taxes on a reasonable basis. You must pay the prorated amount before the split, and the treasurer may accept it as a partial payment of the full tax bill.

Rules for family land splits

A lot split inside an already approved subdivision is exempt from another subdivision review if the new lots are allowed sizes and you gift or sell to an immediate family member. In zoning districts, each new family-transfer lot and the remaining lot must be at least 5 acres unless local zoning allows smaller lots. The recipient and the recipient’s spouse cannot sell or convey the parcel for up to 2 years unless the local body sets a shorter time or grants a hardship variance. If the transfer is inside a platted subdivision, you must file an amended plat that meets county plat standards. Transfers to minors must follow Montana’s law on transfers to minors.

Old covenants stick after lot changes

When you move lot lines or combine parcels, the old covenants and restrictions still apply to those areas. The same rules that applied before the change continue to bind the land after the boundary changes.

Standard review and $400 cap

Your local government must review your land split or combination and decide if subdivision rules apply. Once your file is complete, they must approve or deny it within 20 working days. They may charge a one-time review fee, capped at $400. They cannot add extra approval conditions except what is needed to meet survey rules. You must submit a sworn affidavit on a state form saying you are not using an exemption to evade the law, and the local body cannot force you to appear during review. The law also defines what counts as documented evidence and what “jointly” owned means.

Sponsors & Cosponsors

Sponsor

  • Larry Brewster

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 326 • No: 165

House vote • 4/18/2025

Do Concur

Yes: 57 • No: 41

House vote • 4/17/2025

Do Concur

Yes: 62 • No: 38

Senate vote • 4/11/2025

Do Concur

Yes: 45 • No: 3

Senate vote • 4/10/2025

Do Concur

Yes: 45 • 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 Senate Amendments

    4/18/2025House

  9. 2nd Reading Senate Amendments

    4/17/2025House

  10. Returned to House with Amendments

    4/11/2025Senate

  11. 3rd Reading

    4/11/2025Senate

  12. 2nd Reading

    4/10/2025Senate

  13. Committee Report

    4/8/2025Senate

  14. Committee Executive Action

    4/7/2025Senate

  15. Hearing

    3/20/2025Senate

  16. Referred to Committee

    3/17/2025Senate

  17. 1st Reading

    3/14/2025Senate

  18. Transmitted to Senate

    3/7/2025House

  19. 3rd Reading

    3/7/2025House

  20. 2nd Reading

    3/6/2025House

  21. Committee Report

    2/28/2025House

  22. Committee Executive Action

    2/27/2025House

  23. Hearing

    2/26/2025House

  24. Hearing

    2/26/2025House

  25. 1st 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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