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) "Planned unit development" "Immediate family" means a land development project consisting of residential clusters, industrial parks, shopping centers, spouse, children by blood or office building parks that compose a planned mixture of land uses built in a prearranged adoption, relationship to each other and having open space and community facilities in common ownership or use. parents.

(11) "Plat" "Minor subdivision" means a graphical representation of a subdivision subdivision showing the division that creates five or fewer lots from a tract of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. record.

(12) "Preliminary plat" "Phased development" means a neat and subdivision scaled drawing application and preliminary plat that at of the a proposed subdivision showing the layout time of streets, alleys, lots, blocks, and other elements submission consists of a subdivision independently platted development phases that furnish are scheduled a for

(13) "Registered "Planned unit development" land means surveyor" means a person licensed in conformance with Title 37, chapter 67, to practice surveying in the state land development project consisting of Montana. 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) "Registered professional engineer" "Plat" means a person licensed in conformance with Title 37, chapter 67, to practice engineering in graphical representation the of state a subdivision showing the division of Montana. land into lots, parcels, blocks, streets, alleys,

(15) "Subdivider" "Preliminary plat" means a person who causes land to be subdivided or who proposes neat and scaled drawing a of a proposed subdivision showing the layout of land. streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a governing body.

(16) "Subdivision" means a division of land or land so divided "Public utility" has the meaning provided in 69-3-101, except that it creates one or more parcels containing less than 160 acres that cannot be described for the purposes as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that this chapter, the title to term includes county or possession of the parcels may be sold, rented, leased, consolidated city or and otherwise conveyed and includes any resubdivision and further includes a condominium county water or area, regardless of its size, that provides or will provide multiple space sewer districts as provided for recreational camping vehicles or mobile homes. 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,

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

(17) (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 (17)(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.

(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) "Cluster development" means a subdivision with lots clustered in a group of five or more lots that is designed to 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 other lands to remain undeveloped.

(3) "Dedication" means the deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted.

(4) "Division of land" means the 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 or a possession of portion a of portion of the 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) "Examining land surveyor" "Eligible county water and/or sewer district" means a registered land surveyor appointed by the governing body to review surveys and plats submitted for county water district, a county sewer district, or a county water and sewer district that: filing.

(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) "Final plat" "Examining land surveyor" means a registered land surveyor appointed the by final drawing of the subdivision governing body and to dedication required by this chapter to be prepared review surveys for and filing plats submitted for record with the county clerk and recorder and containing all elements and requirements set forth filing. in this chapter and in regulations adopted pursuant to this chapter.

(7) "Governing body" "Final plat" means a board of the county commissioners or final drawing the of governing authority of a city or town organized pursuant the subdivision and dedication required by this chapter to law. be prepared for filing for record with the county clerk and recorder and containing all elements and requirements set forth in this chapter and in regulations adopted pursuant to this chapter.

(8) "Immediate family" "Governing body" means a spouse, children by blood board of county commissioners or adoption, and parents. the governing authority of a city or town organized pursuant to law.

(9) "Irregularly shaped tract "Homeowners' association" of means land" means a parcel of an land other than an aliquot part association of all the United States government survey section or owners a of United States government lot, the real property within boundaries a or areas of which cannot be determined without a survey or trigonometric calculation. geographic area defined by physical boundaries that:

(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 definitions apply: