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.
(1) Before July 1, 1974, the 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 for: 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.
(a) the orderly development of their jurisdictional areas;
(b) the coordination of roads within subdivided land with other roads, both existing and planned;
(c) the dedication of land for roadways and for public utility easements;
(d) the improvement of roads;
(e) the provision of adequate open spaces for travel, light, air, and recreation;
(f) the provision of adequate transportation, water, and drainage;
(g) subject to the provisions of 76-3-511, the regulation of sanitary facilities;
(h) the avoidance or minimization of congestion; and
(i) the avoidance of subdivisions that would involve unnecessary environmental degradation and danger of injury to health, safety, or welfare by reason of natural hazard, including but not limited to fire and wildland fire, or the lack of water, drainage, access, transportation, or other public services or that would necessitate an excessive expenditure of public funds for the supply of the services.
(2) Review and approval or disapproval of a subdivision under this chapter may occur only under Any action that is not specifically prohibited those regulations in effect at the time an application for conditions approval of of a preliminary plat subdivision approval or is for an extension under 76-3-610 specifically allowed or is submitted otherwise subject to additional restrictions that may
(3) If a local government has historically interpreted and enforced or chosen not to enforce a condition of subdivision approval to the benefit of a parcel owner, the local government may not undertake a different interpretation or enforcement action against a similarly situated parcel owner in the same subdivision.
(4) A review and decision made by a governing body under the authority of this chapter:
(a) relates specifically and only to the criteria for review and authority provided in this chapter; and
(b) is not constrained, influenced, or restricted by a decision made by a state agency or entity acting under other lawful authority.
Local subdivision regulations
| EnactedEn. SectionSec. 5, ChapterCh. 500, Laws ofL. 1973 |
| AmendedAmd. SectionSec. 3, ChapterCh. 334, Laws ofL. 1974 |
| AmendedAmd. SectionSec. 20, ChapterCh. 213, Laws ofL. 1975 |
| Revised Codes of MontanaR.C.M. 1947, 11-3863(part) |
| AmendedAmd. SectionSec. 1, ChapterCh. 378, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 17, ChapterCh. 471, Laws ofL. 1995 |