Montana Code Annotated
Part 6. Local Review Procedure
76-3-616. Exemption for certain subdivisions

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

Montana Code Annotated

Title 76. Land Resources and Use

Chapter 3. Local Regulation of Subdivisions

Part 6. Local Review Procedure

76-3-601. Submission of application and preliminary plat for review -- water and sanitation information required

76-3-602. Fees

76-3-603. Contents of environmental assessment

76-3-604. Review of subdivision application -- review for required elements and sufficiency of information

76-3-605. Hearing on subdivision application

76-3-606. Repealed

76-3-607. Repealed

76-3-608. Criteria for local government review

76-3-609. Review procedure for minor subdivisions -- determination of sufficiency of application -- governing body to adopt regulations

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

76-3-623. Expedited review for certain subdivisions

76-3-624. reserved

76-3-625. Violations -- actions against governing body