Montana Code Annotated 2021



Part 5. Local Regulations

Local Subdivision Regulations

76-3-501. 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.

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; amd. Sec. 2, Ch. 443, L. 2007; amd. Sec. 1, Ch. 319, L. 2021.