Hearing on preliminary plat
(1) The governing body or its authorized agent or agency shall hold a public hearing on the preliminary plat and shall consider all relevant evidence relating to the public health, safety, and welfare, including the environmental assessment, to determine whether the plat should be approved, conditionally approved, or disapproved by the governing body.
(2) When a proposed subdivision is also proposed to be annexed to a municipality, the governing body of the municipality shall hold joint hearings on the preliminary plat and annexation whenever possible.
(3) Notice of such hearing shall be given by publication in a newspaper of general circulation in the county not less than 15 days prior to the date of the hearing. The subdivider, each property owner of record, and each purchaser under contract for deed of property immediately adjoining the land included in the plat shall also be notified of the hearing by registered or certified mail not less than 15 days prior to the date of the hearing.
(4) When a hearing is held by an agent or agency designated by the governing body, the agent or agency shall act in an advisory capacity and recommend to the governing body the approval, conditional approval, or disapproval of the plat. This recommendation must be submitted to the governing body in writing not later than 10 days after the public hearing.
(1) The governing body or its authorized agent or agency shall hold a public hearing on Except as provided in 76-3-609 the and preliminary plat 76-3-616 and shall consider all relevant evidence relating subject to the public health, safety, regulations adopted pursuant and to welfare, including 76-3-504(1)(o) and 76-3-615, at least one public hearing on the environmental assessment, to determine whether subdivision application must the be plat should be approved, conditionally approved, held or by disapproved by the governing body. body, its authorized agent or agency, or both and the governing body, its authorized agent or agency, or both shall consider all relevant evidence relating to the public health, safety, and welfare, including the environmental assessment if required, to determine whether the subdivision application should be approved, conditionally approved, or denied by the governing body.
(2) When a proposed subdivision is also proposed to be annexed to a municipality, the governing body of the municipality shall hold joint hearings on the preliminary plat subdivision application and annexation whenever possible.
(3) Notice of such the hearing shall must be given by publication published as provided in 7-1-2121 if a the newspaper of general circulation governing body is a in county the county not less than 15 days prior to the date of the hearing. The commission or as provided in 7-1-4127 for a time period in accordance with 7-1-4127(7)(b) if subdivider, each property owner of record, and each purchaser under contract for deed of property immediately adjoining the land included in the plat shall also be notified of the hearing by registered governing body is a city commission or certified mail not less than 15 days prior to the date a town council. The subdivider, each property owner of record whose property is immediately adjoining the hearing. land included in the preliminary plat, and each purchaser under contract for deed of property immediately adjoining the land included in the preliminary plat must also be notified of the hearing by registered or certified mail postmarked not less than 15 business days prior to the date
(4) When a hearing is held by an agent or agency designated by the governing body, the agent or agency shall act in an advisory capacity and recommend to the governing body the approval, conditional approval, or disapproval denial of the plat. proposed subdivision. This recommendation must be submitted to the governing body in writing not later than 10 working days after the public hearing.
Hearing on preliminary plat subdivision application
| EnactedEn. SectionSec. 8, ChapterCh. 500, Laws ofL. 1973 |
| AmendedAmd. SectionSec. 6, ChapterCh. 334, Laws ofL. 1974 |
| AmendedAmd. SectionSec. 3, ChapterCh. 498, Laws ofL. 1975 |
| AmendedAmd. SectionSec. 1, ChapterCh. 555, Laws ofL. 1977 |
| Revised Codes of MontanaR.C.M. 1947, 11-3866(part) |
| AmendedAmd. SectionSec. 2, ChapterCh. 89, Laws ofL. 1981 |
| AmendedAmd. SectionSec. 21, ChapterCh. 526, Laws ofL. 1983 |