Divisions of land exempted from the Act are still subject to applicable regulations and requirements of other agencies. These requirements may restrict the use of the divided land or preclude the filing of the document creating the division. Laws and regulations that may restrict or preclude development include, but are not limited to, zoning, floodplain regulations, fire codes, and building codes, among others.
The Clerk and Recorder is prohibited from filing a division that does not meet the sanitation requirements of section 76-4-122(2), Montana Code Annotated. The landowner is responsible for obtaining the sanitation approvals necessary for a division of land to be filed with the Clerk and Recorder. All divisions reviewed as exemptions under these regulations are subject to review by DEQ for parcels of less than twenty (20) acres, or to the Richland County Sanitarian for parcels twenty (20) acres or greater, unless a qualifying exemption under the Sanitation in Subdivisions Act (Title 76, Chapter 4 et seq., Montana Code Annotated) is deemed applicable and approved by the Exemption Review Committee. The requirement for sanitation review applies to all parcels resulting from a division of a tract of record, not only the parcel created via the exemption under sections 76-3-201 or 76-3-207 et seq., Montana Code Annotated. (Ord. 591, - -2021)