Mont. Code Ann. § 76-3-501

(1997)

Local subdivision regulations

(1) Before July 1, 1974, the governing body of every county, city, and town shall adopt and provide for the enforcement and administration of subdivision regulations reasonably providing for the orderly development of their jurisdictional areas; for the coordination of roads within subdivided land with other roads, both existing and planned; for the dedication of land for roadways and for public utility easements; for the improvement of roads; for the provision of adequate open spaces for travel, light, air, and recreation; for the provision of adequate transportation, water, and drainage; subject to the provisions of 76-3-511, for the regulation of sanitary facilities; for the avoidance or minimization of congestion; and for the avoidance of subdivision which would involve unnecessary environmental degradation and the avoidance of danger of injury to health, safety, or welfare by reason of natural hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services.

(2) Review and approval or disapproval of a subdivision under this chapter may occur only under those regulations in effect at the time an application for approval of a preliminary plat or for an extension under 76-3-610 is submitted to the governing body.

Opinions construing this section

4 opinions
2026 MT 8 Jan 27, 2026 Affirmed
Tclsc v. Lincoln Cty
Majority by Katherine M. Bidegaray · 5 to 0
pply to the proposed Lot 20 development. 6 (iv) additional relevant and reasonable information related to the applicable regulatory criteria adopted under § 76-3-501, MCA,3 as may be required by the governing body. Section 76-3-603(1)(a), MCA. ¶13 Section 76-3-608, MCA, prescribes how local governing bodies are to review and
2025 MT 22 Feb 4, 2025 Affirmed
Gbsb Holding v. Flathead County
Majority by Beth Baker · 5 to 0
hin subdivided land with other roads, both existing and planned—are within the authority of the local governing body, here the Board of County Commissioners. Section 76-3-501(1)(b), MCA. “[L]ocal governing bodies should be able to develop their own local subdivision regulations” if they do not conflict with the Montana Subdivision and Plat
2009 MT 322 Sep 29, 2009 Affirmed
Lake County First v. Polson City Council
Majority by Jim Rice · 7 to 0
ons are adopted under the authority granted by 76-2-201, MCA, et seq., which authorizes county zoning; 76-2-301, MCA, et seq., which authorizes city zoning; and 76-3-501, MCA, which requires cities and counties to adopt subdivision regulations.”). Therefore, because the PDC is not a growth policy, challenges to the Council’s com
2009 MT 182 May 22, 2009 Reversed
Citizens v. Sanders Co. Commissioners
Majority by Jim Rice · 5 to 0
EA content requirements. ¶12 The MSPA provisions which govern review of a major subdivision application are interrelated and extensively cross-referenced. Section 76-3-501, MCA, requires governing bodies to adopt local subdivision regulations providing for “adequate transportation, water, and drainage” and the “avoidance of sub
Official Annotations archive.org, 1997 edition
History:
En. Sec. 5, Ch. 500, L. 1973
Amd. Sec. 3, Ch. 334, L. 1974
Amd. Sec. 20, Ch. 213, L. 1975
R.C.M. 1947, 11-3863(part)
Amd. Sec. 1, Ch. 378, L. 1985
Amd. Sec. 17, Ch. 471, L. 1995