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 76-3-617 3 76-3-620 1 76-3-621 1 76-3-622 76-3-623 14 76-3-625

Mont. Code Ann. § 76-3-603

(2023)

Contents of environmental assessment

(1) When required, the environmental assessment must accompany the subdivision application and must include:

(a) for a major subdivision:

(i) a description of every body or stream of surface water that may be affected by the proposed subdivision, together with available ground water information, and a description of the topography, vegetation, and wildlife use within the area of the proposed subdivision;

(ii) a summary of the probable impacts of the proposed subdivision based on the criteria described in 76-3-608;

(iii) a community impact report containing a statement of anticipated needs of the proposed subdivision for local services, including education and busing; roads and maintenance; water, sewage, and solid waste facilities; and fire and police protection; and

(iv) additional relevant and reasonable information related to the applicable regulatory criteria adopted under 76-3-501 as may be required by the governing body;

(b) except as provided in 76-3-609, for a minor subdivision, a summary of the probable impacts of the proposed subdivision based on the criteria described in 76-3-608.

(2) An environmental assessment conducted pursuant to this chapter is distinct from an environmental review conducted pursuant to Title 75, chapter 1. The standards of review applicable to an environmental review conducted pursuant to Title 75, chapter 1, do not apply to an environmental assessment conducted pursuant to this chapter.

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
anting conditional approval of Happy’s preliminary subdivision plat. ¶2 We address the following restated issues: 1. Did Happy’s environmental assessment § 76-3-603(1)(a), MCA? satisfy the requirements of 2. Did the County consider the “specific, documentable, and clearly defined impact” on “the natural environment, wildlife
2012 MT 236 Oct 23, 2012 Affirmed
Richards v. County of Missoula
Majority by Brian Morris · 4 to 1
ers in Aspen Trails challenged the adequacy of the environmental assessment (EA) prepared as part of the subdivision review process. The neighbors argued that § 76-3-603, MCA, required additional information regarding the condition of the subject property to have been included in the EA. Aspen Trails, ¶¶ 55-56. We determined that
2010 MT 79 Apr 14, 2010 Affirmed
Aspen Trails v. Helena City Commissioners
Majority by Patricia Cotter · 4 to 1 with 2 concurring
able and the size of the proposed development. Accordingly, Landowners claimed the EA did not provide “available groundwater information” as required under § 76-3-603(1)(a), MCA, and thus did not comply with the MSPA. 6 ¶12 Additionally, Landowners asserted that the EA did not address impacts of surface pollutants on the groundw
2009 MT 182 May 22, 2009 Reversed
Citizens v. Sanders Co. Commissioners
Majority by Jim Rice · 5 to 0
sufficient to allow for the review of the proposed subdivision” under the statutes and local regulations, and to notify the applicant of that determination. Section 76-3-603, MCA, provides that “[w]hen required, the environmental assessment must accompany the subdivision application,” and the SCSR likewise required the EA to be file
Official Annotations archive.org, 2023 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(4)
Amd. Sec. 2, Ch. 236, L. 1981
Amd. Sec. 5, Ch. 468, L. 1995
Amd. Sec. 6, Ch. 298, L. 2005 (SB 116 - Laible, Rick (R) SD 44)
Amd. Sec. 1, Ch. 362, L. 2017 (HB 416 - Greef, Edward (R) HD 88)
Source text on leg.mt.gov