Table of Contents TITLE 76. LAND RESOURCES AND USE CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS Part 5. Local Regulations
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4 76-3-501 76-3-503 2 76-3-504 76-3-506 1 76-3-507 76-3-509 1 76-3-510 76-3-511 76-3-512 76-3-514

Mont. Code Ann. § 76-3-501

(2025)

Local subdivision regulations

(1) The governing body of every county, city, and town shall adopt and provide for the enforcement and administration of subdivision regulations reasonably providing for:

(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) Any action that is not specifically prohibited in the conditions of subdivision approval is specifically allowed or is otherwise subject to additional restrictions that may be provided in the governing documents of the subdivision and applicable zoning regulations.

(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.

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
pply to the proposed Lot 20 development. 6 (iv) additional relevant and reasonable information related to the applicable regulatory criteria adopted under § 76-3-501, MCA,3 as may be required by the governing body. Section 76-3-603(1)(a), MCA. ¶13 Section 76-3-608, MCA, prescribes how local governing bodies are to review and
2025 MT 22 Feb 4, 2025 Affirmed
Gbsb Holding v. Flathead County
Majority by Beth Baker · 5 to 0
hin subdivided land with other roads, both existing and planned—are within the authority of the local governing body, here the Board of County Commissioners. Section 76-3-501(1)(b), MCA. “[L]ocal governing bodies should be able to develop their own local subdivision regulations” if they do not conflict with the Montana Subdivision and Plat
2009 MT 322 Sep 29, 2009 Affirmed
Lake County First v. Polson City Council
Majority by Jim Rice · 7 to 0
ons are adopted under the authority granted by 76-2-201, MCA, et seq., which authorizes county zoning; 76-2-301, MCA, et seq., which authorizes city zoning; and 76-3-501, MCA, which requires cities and counties to adopt subdivision regulations.”). Therefore, because the PDC is not a growth policy, challenges to the Council’s com
2009 MT 182 May 22, 2009 Reversed
Citizens v. Sanders Co. Commissioners
Majority by Jim Rice · 5 to 0
EA content requirements. ¶12 The MSPA provisions which govern review of a major subdivision application are interrelated and extensively cross-referenced. Section 76-3-501, MCA, requires governing bodies to adopt local subdivision regulations providing for “adequate transportation, water, and drainage” and the “avoidance of sub
Official Annotations archive.org, 2025 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(part)
Amd. Sec. 1, Ch. 378, L. 1985
Amd. Sec. 17, Ch. 471, L. 1995
Amd. Sec. 2, Ch. 298, L. 2005 (SB 116 - Laible, Rick (R) SD 44)
Amd. Sec. 2, Ch. 443, L. 2007 (SB 51 - Hawks, Bob (D) SD 33)
Amd. Sec. 1, Ch. 319, L. 2021 (SB 174 - Hertz, Greg (R) SD 6)
Amd. Sec. 1, Ch. 708, L. 2025 (HB 681 - Fitzpatrick, John (R) HD 76)
Source text on leg.mt.gov