Table of Contents TITLE 76. LAND RESOURCES AND USE CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS Part 6. Local Review Procedure
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76-3-601 76-3-602 4 76-3-603 4 76-3-604 2 76-3-605 9 76-3-608 76-3-609 2 76-3-610 3 76-3-611 76-3-612 76-3-613 1 76-3-614 1 76-3-615 76-3-616 3 76-3-620 1 76-3-621 1 76-3-622 14 76-3-625

Mont. Code Ann. § 76-3-610

(2009)

Effect of approval of application and preliminary plat

(1) Upon approving or conditionally approving an application and preliminary plat, the governing body shall provide the subdivider with a dated and signed statement of approval. This approval must be in force for not more than 3 calendar years or less than 1 calendar year. At the end of this period the governing body may, at the request of the subdivider, extend its approval for no more than 1 calendar year, except that the governing body may extend its approval for a period of more than 1 year if that approval period is included as a specific condition of a written agreement between the governing body and the subdivider, according to 76-3-507.

(2) Except as provided in 76-3-507, after the application and preliminary plat are approved, the governing body and its subdivisions may not impose any additional conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended approval period as provided in subsection (1).

Opinions construing this section

2 opinions
2014 MT 207 Aug 5, 2014 Affirmed in part, reversed in part
Lewis & Clark Co. v. Hampton
Dissenting by Laurie McKinnon · 4 to 1
ation. Section 76-3-604, MCA. Conditional approval is valid for at least one year, during which time the governing body may not impose additional conditions. Section 76-3-610, MCA. The developer must complete the required improvements prior to approval of the final plat. Section 76-3-507(1), MCA. Alternatively, the developer may provide
2007 MT 118 May 22, 2007 Affirmed in part, reversed in part
Fielder v. Sanders County Bocc
Majority by Brian Morris · 5 to 0
l noted that the local government may not impose any additional conditions as a prerequisite to a final plat approval after it has approved a preliminary plat. Section 76-3-610(2), MCA (2003). The Attorney General concluded that “[r]eview for compliance with water supply and sewage and solid waste disposal regulations at the final plat stag
Official Annotations archive.org, 2009 edition
History:
En. Sec. 8, Ch. 500, L. 1973
Amd. Sec. 6, Ch. 334, L. 1974
Amd. Sec. 3, Ch. 498, L. 1975
Amd. Sec. 1, Ch. 555, L. 1977
R.C.M. 1947, 11-3866(part)
Amd. Sec. 1, Ch. 223, L. 1981
Amd. Sec. 1, Ch. 190, L. 1983
Amd. Sec. 12, Ch. 298, L. 2005 (SB 116 - Laible, Rick (R) SD 44)
Amd. Sec. 19, Ch. 446, L. 2009 (HB 486 - MacLaren, Gary (R) HD 89)
Source text on leg.mt.gov