Title 76, Title 76

(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 la…

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 plac…

(1) The subdivision regulations adopted under this chapter must comply with the requirements provided for in 76-3-501 and, at a minimum: (a) list the materials that must be included in a subdivision application in order for the application to be determined to contain the required…

(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 no…

(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 improv…

(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 maxi…

(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 subdivis…

(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.…

(1) If a local government requires a residential development subdivider to pay or guarantee payment for part or all of the costs of extending or enhancing capital facilities pursuant to 76-3-510, the local government may enact a rule or regulation that provides for an equal share…

(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 …

(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 th…

The governing body may establish reasonable fees to be paid by the subdivider to defray the expense of reviewing subdivision applications.

(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 wa…

(1) (a) A subdivision application is considered to be received on the date of delivery to the reviewing agent or agency and when accompanied by the review fee submitted as provided in 76-3-602. (b) Within 5 working days of receipt of a subdivision application, the reviewing agent…

(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…

(1) The basis for the governing body's decision to approve, conditionally approve, or deny a proposed subdivision is whether the subdivision application, preliminary plat, applicable environmental assessment, public hearing, planning board recommendations, or additional informati…

(1) Except as provided in subsections (6) through (8), minor subdivisions must be reviewed as provided in this section and subject to the applicable local regulations adopted pursuant to 76-3-504. (2) If the tract of record proposed to be subdivided has not been subdivided or cre…

(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…

(1) The governing body or the agent or agency designated by the governing body shall examine each final plat, and the governing body shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter an…

(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…

(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 s…

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 re…

(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,…

(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 subdivisi…

(1) A subdivider applying for phased development review shall submit with the phased development application an overall phased development preliminary plat on which independent platted development phases must be presented. The phased development application must contain the infor…

(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 stateme…

(1) Except as provided in 76-3-509 or subsections (2), (3), and (6) through (9) of this section, a subdivider shall dedicate to the governing body a cash or land donation equal to: (a) 11% of the area of the land proposed to be subdivided into parcels of one-half acre or smaller;…

(1) Except as provided in subsection (2), the subdivider shall submit to the governing body or to the agent or agency designated by the governing body the information listed in this section for proposed subdivisions that will include new water supply or wastewater facilities. The…

(1) Except as provided in subsection (9), a subdivision application, regardless of the number of lots, that meets the requirements provided in subsection (3) is entitled to the expedited review process provided in this section at the applicant's request. (2) A subdivision applica…

(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 adop…

(1) In determining the amount of an administrative or civil penalty to which subsection (4) applies, the department of environmental quality or the district court, as appropriate, shall take into account the following factors: (a) the nature, extent, and gravity of the violation;…

(1) If the department of environmental quality is unable to collect penalties, fees, late fees, or interest assessed pursuant to the provisions of Title 75 or Title 76, chapter 4, the department of environmental quality may assign the debt to a collection service or transfer the …

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 publ…

As used in this part, unless the context clearly indicates otherwise, the following definitions apply: (1) "Adequate county water and/or sewer district facilities" means facilities provided by a county water and/or sewer district incorporated under Title 7, chapter 13, that opera…

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…

(1) The department shall, subject to the provisions of 76-4-135, adopt reasonable rules, including adoption of sanitary standards, necessary for administration and enforcement of this part. (2) The rules and standards must provide the basis for approving subdivisions for various …

(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 …

(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 th…

(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…

(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…

(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 …

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 …

(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 lan…

(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 …

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 d…

Except as provided in 76-4-125, the applicant shall submit an application for review of a subdivision pursuant to the following procedure: (1) An applicant may request a preapplication meeting with the reviewing authority prior to submitting an application. The reviewing authorit…