A. Chapter Overview: This chapter addresses the various types of divisions and aggregations of land that are exempted from review as subdivisions in accordance with the Montana Subdivision and Platting Act (“MSPA” or “the Act”), Title 76, Chapter 3, Montana Code Annotated. These are referred to in these regulations as “exemptions.” This chapter also describes the process and criteria for reviewing exemptions.
B. Authority: The authority in the Act for exemptions from subdivision to be addressed in these regulations is as follows:
1. Title 76, Chapter 3, Part 2, Montana Code Annotated identifies specific exemptions from subdivision review;
2. Sections 76-3-201(5) and 76-3-207(4), Montana Code Annotated authorize the governing body to examine divisions of land to determine if the exemption is being used properly;
3. Sections 76-3-201(5) and 76-3-207(4), Montana Code Annotated authorize the governing body to establish fees for review, not to exceed two hundred dollars ($200.00);
4. Section 76-3-504(1)(p), Montana Code Annotated requires the local subdivision regulations to establish criteria for determining what divisions qualify as exemptions; and
5. Section 76-3-504(1)(p), Montana Code Annotated requires the regulations to include an appeal process to the governing body if the reviewing authority is not the governing body. (Ord. 591, - -2021)