76-3-616. Exemption for certain subdivisions. (1) A subdivision that meets the criteria in subsection (2) is exempt from the following requirements:
(a) preparation of an environmental assessment as required by 76-3-603;
(b) a public hearing on the subdivision application pursuant to 76-3-605; and
(c) review of the subdivision for the criteria listed in 76-3-608(3)(a).
(2) To qualify for the exemptions in subsection (1), a subdivision must meet the following criteria:
(a) the proposed subdivision is entirely within an area inside or adjacent to an incorporated city or town where the governing body has adopted a growth policy that includes the provisions of 76-1-601(4)(c);
(b) the proposed subdivision is entirely within an area subject to zoning adopted pursuant to 76-2-203 or 76-2-304 that avoids, significantly reduces, or mitigates adverse impacts identified in a growth policy that includes the provisions of 76-1-601(4)(c); and
(c) the subdivision proposal includes a description of future public facilities and services, using maps and text, that are necessary to efficiently serve the projected development.
History: En. Sec. 4, Ch. 455, L. 2007.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 3. Local Regulation of Subdivisions
Part 6. Local Review Procedure
76-3-603. Contents of environmental assessment
76-3-605. Hearing on subdivision application
76-3-608. Criteria for local government review
76-3-610. Effect of approval of application and preliminary plat
76-3-611. Review of final plat
76-3-612. Subdivision guarantee required for review process
76-3-613. Index of plats to be kept by county clerk and recorder
76-3-614. Correction of recorded plat
76-3-615. Subsequent hearings -- consideration of new information -- requirements for regulations
76-3-616. Exemption for certain subdivisions
76-3-617. Phased development -- application requirements -- hearing required
76-3-618. and 76-3-619 reserved
76-3-620. Review requirements -- written statement
76-3-621. Park dedication requirement
76-3-622. Water and sanitation information to accompany preliminary plat