A. Unless the method of disposition is adopted for the purpose of evading these regulations or the MSPA, the requirements of these regulations and the Montana subdivision and platting act may not apply when:
1. A division of land is created by order of any court of record in this state or by operation of law or that, in the absence of agreement between the parties to the sale, could be created by an order of any court in the state pursuant to the law of eminent domain, title 70, chapter 30, Montana Code Annotated;
a. An exempt division of land created by court order is not considered a subdivision under 76 3 201(1)(a), MCA, if not more than four lots of parcels are created from the original lot or parcel;
b. Before a court of record orders a division of land, the court must notify the governing body of the pending division and allow the governing body to present written comment on the division.
2. A division of land is created to provide security for mortgages, liens, or trust indentures for the purpose of construction, improvements to the land being divided, or refinancing purposes; the exemption applies:
a. To a division of land of any size;
b. If the land divided is conveyed only to the financial or lending institution to which the mortgage, lien, or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien, or trust indenture;
c. To a parcel created to provide security. The remainder of the tract of land is subject to the provisions of this title, if applicable.
3. A division of land creates an interest in oil, gas, minerals, or water that is severed from the surface ownership of real property;
4. A division of land creates cemetery lots;
5. A division of land is created by the reservation of a life estate;
6. A division of land is created by lease or rental for farming and agricultural purposes;
7. A division of land is in a location over which the state does not have jurisdiction;
8. A division of land is created for public rights of way or public utility sites;
9. The land upon which an improvement is situated has been subdivided in compliance with these regulations and the Montana subdivision and platting act, the sale, rent, lease, or other conveyance of one or more parts of a building, structure, or other improvement situated on one or more parcels of land is not a division of land;
10. Condominiums or conversions of existing structures to condominiums constructed on land subdivided in compliance with parts 5 and 6 of the MSPA or on lots within incorporated cities and towns are exempt from the provisions of this chapter if either:
a. The approval of the original division of land expressly contemplated the construction of the condominiums or conversions of existing structures to condominiums and any applicable park dedication requirements in 76-3-621, Montana Code Annotated, is complied with; or
b. The condominium or conversions of existing structures to condominiums proposal is in conformance with applicable zoning regulations pertaining to land use, density, bulk and dimensional requirements, landscaping and parking requirements;
Once a complete application is received by the planning department, a determination of exemption must be made within twenty (20) working days and additional review or conditions of approval may not be imposed.
11. The creation of sublots for townhouses constructed on land already subdivided in compliance with parts 5 and 6 of the MSPA or on lots within incorporated cities and town are exempt from the provisions of this chapter if either:
a. The approval of the original division of land expressly contemplated further division into sublots and construction of the townhouses, and any applicable park dedication requirements in 76 3 621, Montana Code Annotated, is complied with; or
b. The creation of sublots and the proposal for townhouses is in conformance with applicable zoning regulations pertaining to land use, density, bulk and dimensional requirements, landscaping and parking requirements
Once a complete application received by the planning department, a determination of exemption must be made within twenty (20) working days and additional review, or conditions of approval may not be imposed.
12. The sale, rent, lease, or other conveyance of one or more parts of a building, structure, or other improvement, whether existing or proposed, is not a division of land;
13. A division of land created by lease or rental of contiguous airport related land owned by a city, county, the state, or a municipal or regional airport authority provided that the lease or rental is for on-site weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or air carrier related activities;
14. A division of state-owned land unless the division creates a second or subsequent parcel from a single tract for sale, rent, or lease for residential purposes after July 1, 1974;
15. Deeds, contracts, leases, or other conveyances which were executed prior to July 1, 1974. (Ord. 09-23, 11-16-2009; amd. Ord. 21-15, 9-20-2021; Ord. 23-15, 8-21-2023)