A. Survey Requirements:
1. Only divisions exempted under section 76-3-207, Montana Code Annotated require compliance with the survey requirements of sections 76-3-401, et. seq, Montana Code Annotated. All other exemptions described in Part 2 of the Act do not require a survey, but surveys may be submitted voluntarily.
2. Any survey, regardless of whether it is required or voluntary, must comply with the Uniform Standards for Survey Monumentation, Certificates of Survey, and Final Subdivision Plats (ARM 24.183.1101, 1104, and 1107), as applicable.
3. As provided for in section 76-3-401, Montana Code Annotated, no survey is required for any exemption, including those in section 76-3-207, Montana Code Annotated, when the exempted parcel can be described as 1/32 or larger aliquot part of U.S. government section or as a U.S. government lot, unless the parcel is a lot in a platted subdivision. A surveyed U.S. government lot in its entirety does not require a survey; smaller parcels within a government lot do require a survey. Any parcel that was segregated and conveyed individually prior to July 1, 1973 requires no survey (47 Op. Att’y Gen. No. 10).
4. Any survey submitted as a retracement of an existing parcel shall provide documentation that the parcel exists as a tract of record.
B. Review of Surveys - Compliance With Uniform Standards: The Examining Land Surveyor shall review all surveys for compliance with the Uniform Standards for Survey Monumentation, Certificates of Survey, and Final Subdivision Plats (ARM 24.183.1101, 1104, and 1107). In the event the City of Sidney has no Examining Land Surveyor, the Subdivision Administrator shall conduct a review for compliance with general requirements such as title of the survey, landowner certifications, etc., but shall not be responsible for aspects which can only be verified by a registered land surveyor, such as the mathematical accuracy of the survey.
C. Identification Codes Included on Surveys: To implement and monitor one or more tracts of record created by exemption, the following identification codes shall be added to the numbering of recorded certificates of survey:
CO | Court order [76-3-201(1)(a), MCA] |
ME | Mortgage Exemption [76-3-201(1)(b), MCA] |
LE | Life Estate [76-3-201(1)(e), MCA] |
ROW | Right-of-way or utility site [76-3-201(1)(h), MCA] |
RB | Relocation of Common Boundary [76-3-207(1)(a),(d), and (e), MCA] |
FT | Family Transfer [76-3-207(1)(b), MCA] |
AE | Agricultural Exemption [76-3-207(1)(c), MCA] |
AL | Aggregation of Lots [76-3-207(2)(f), MCA] |
(Ord. 591, - -2021)