Mont. Code Ann. § 76-3-103

(1) "Certificate of survey" means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations.

(10) "Preliminary plat" "Immediate family" means a neat spouse, children by blood or adoption, and scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots, blocks, and parents. other elements of a subdivision which furnish a basis for review by a governing body.

(11) "Registered land surveyor" "Minor subdivision" means a person licensed in conformance with Title 37, chapter 67, to practice surveying in the state subdivision that creates five or fewer lots from a tract of Montana. record.

(12) "Registered professional engineer" "Phased development" means a person licensed in conformance with Title 37, chapter 67, to practice engineering in subdivision application and preliminary plat that at the state time of Montana. submission consists of independently platted development phases that are scheduled for review on a schedule proposed by the subdivider.

(13) "Subdivider" "Planned unit development" means a person who causes land to be subdivided or who proposes a subdivision development project consisting of land. residential clusters, industrial parks, shopping centers, or office building parks that compose a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in common ownership or use.

(14) "Subdivision" "Plat" means a graphical representation division of a subdivision showing the division of land or land so divided that creates one or more parcels containing less than 160 acres into lots, parcels, blocks, streets, alleys, and other divisions and dedications. that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed and includes any resubdivision and further includes a condominium or area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles or mobile homes.

(15) "Tract "Preliminary plat" of means record" means a parcel neat and scaled drawing of land, irrespective a proposed subdivision showing the layout of ownership, that can be identified by legal description, independent streets, alleys, lots, blocks, and of other any other parcel elements of land, using documents on file in the records of the county clerk and recorder's

(16) "Public utility" has the meaning provided in 69-3-101, except that for the purposes of this chapter, the term includes county or consolidated city and county water or sewer districts as provided for in Title 7, chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44.

(17) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision of land.

(18) "Subdivision" means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium.

(19) (a) "Tract of record" means an individual parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office.

(b) Each individual tract of record continues to be an individual parcel of land unless the owner of the parcel has joined it with other contiguous parcels by filing with the county clerk and recorder:

(i) an instrument of conveyance in which the aggregated parcels have been assigned a legal description that describes the resulting single parcel and in which the owner expressly declares the owner's intention that the tracts be merged; or

(ii) a certificate of survey or subdivision plat that shows that the boundaries of the original parcels have been expunged and depicts the boundaries of the larger aggregate parcel.

(c) An instrument of conveyance does not merge parcels of land under subsection (19)(b)(i) unless the instrument states, "This instrument is intended to merge individual parcels of land to form the aggregate parcel(s) described in this instrument" or a similar statement, in addition to the legal description of the aggregate parcels, clearly expressing the owner's intent to effect a merger of parcels.

(2) "Dedication" "Cluster development" means the deliberate appropriation a subdivision with lots clustered in a group of land by an owner for any general and public use, reserving five or more lots to that the landowner no rights that are incompatible with the full exercise and enjoyment of the is designed public use to which the property has been devoted. concentrate building sites on smaller lots in order to reduce capital and maintenance costs for infrastructure through the use of concentrated public services and utilities, while allowing

(3) "Division "Dedication" of means land" means the segregation deliberate appropriation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring or contracting an owner for any general and public use, reserving to transfer title to or possession of a portion of the tract or properly filing a certificate of survey or subdivision plat establishing landowner no rights that are incompatible with the identity full exercise and enjoyment of the segregated parcels pursuant public use to this chapter. which the property

(4) "Examining land surveyor" "Division of land" means a registered land the surveyor duly appointed by the governing body to review surveys and plats submitted for filing. segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to this chapter. The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a division of land.

(5) "Final plat" "Eligible county water and/or sewer district" means the final drawing of the subdivision and dedication required by this chapter to be prepared a for filing for record with the county clerk and recorder and containing all elements and requirements set forth in this chapter and water district, a county sewer district, or a county water and sewer district that: in regulations adopted pursuant thereto.

(a) is incorporated under 7-13-2203;

(b) is operated in compliance with Title 75, chapters 5 and 6; and

(c) employs or retains a professional engineer.

(6) "Governing body" "Examining land surveyor" means a board of county commissioners or registered land surveyor appointed by the governing authority of a city or town organized pursuant body to law. review surveys and

(7) "Irregularly shaped tract "Final plat" of means land" means a parcel of the land other than an aliquot part final drawing of the United States government survey section or a United States government lot, the boundaries or areas subdivision and dedication required by this chapter to of which cannot be determined without a survey or trigonometric calculation. prepared for filing for record with the county clerk and recorder and containing all elements and requirements set

(8) "Planned unit development" "Governing body" means a land development project consisting board of residential clusters, industrial parks, shopping centers, county commissioners or office building parks that comprise the governing authority a of planned mixture of land uses built in a prearranged relationship city or town organized pursuant to each other and having open space and community facilities in common ownership or use. law.

(9) "Plat" "Homeowners' association" means a graphical representation an association of all a the subdivision showing the division owners of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. real property within a

(a) is formally governed by a declaration of covenants, bylaws, or both;

(b) may be authorized to impose assessments that, if unpaid, may become a lien on a member's real property; and

(c) may enact or enforce rules concerning the operation of the community or subdivision.

Definitions

As used in this chapter, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings: definitions apply: