Table of Contents TITLE 76. LAND RESOURCES AND USE CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS Part 1. General Provisions
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Mont. Code Ann. § 76-3-102

Statement of purpose

It is the purpose of this chapter to:

(1) promote the public health, safety, and general welfare by regulating the subdivision of land;

(2) prevent overcrowding of land;

(3) lessen congestion in the streets and highways;

(4) provide for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public requirements;

(5) require development in harmony with the natural environment;

(6) promote preservation of open space;

(7) promote cluster development approaches that minimize costs to local citizens and that promote effective and efficient provision of public services;

(8) protect the rights of property owners;

(9) require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey; and

(10) provide for phased developments.

Opinions construing this section

1 opinion
2011 MT 91 May 3, 2011 Affirmed
Heffernan v. Missoula City Council
Majority by James C. Nelson · 5 to 0
purposes of the Montana Subdivision and Platting Act is to “promote the public health, safety, and general welfare by regulating the subdivision of land.” Section 76-3-102(1), MCA. “Legislation enacted for the promotion of public health, safety, and general welfare, is entitled to liberal construction with a view towards the accomplish
Official Annotations archive.org, 2025 edition
History:
En. Sec. 2, Ch. 500, L. 1973
Amd. Sec. 1, Ch. 498, L. 1975
Amd. Sec. 1, Ch. 552, L. 1977
R.C.M. 1947, 11-3860
Amd. Sec. 1, Ch. 272, L. 1993
Amd. Sec. 2, Ch. 468, L. 1995
Amd. Sec. 2, Ch. 348, L. 2001 (SB 479 - Hargrove, Don (R) SD 16)
Amd. Sec. 1, Ch. 363, L. 2017 (HB 445 - Greef, Edward (R) HD 88)
Source text on leg.mt.gov