A. Except as provided in subsection B of this section, the following divisions of land are not subdivisions under the MSPA or these regulations, but are subject to the surveying requirements of title 76, chapter 3, part 401, Montana Code Annotated, for divisions of land not amounting to subdivisions and are subject to applicable zoning regulations adopted under title 76, chapter 2, Montana Code Annotated:
1. Divisions made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties;
2. Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each county to each member of the landowner's immediate family;
3. Divisions made outside of platted subdivisions by gift, sale, or agreement to buy and sell in which the parties to the transaction enter a covenant running with the land and revocable only by mutual consent of the governing body and the property owner that the divided land will be used exclusively for agricultural purposes;
4. For five (5) or fewer lots within a platted subdivision, the relocation of common boundaries;
5. Divisions made for the purpose of relocating a common boundary line between a single lot within a platted subdivision and adjoining land outside a platted subdivision. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas; and
6. Aggregation of parcels or lots when a certificate of survey or subdivision plat shows the boundaries of the original parcels have been eliminated and the boundaries of a larger aggregate lot are established. A restriction or requirement on the original platted lot or original unplatted parcel continue to apply to those areas.
B. Notwithstanding the provisions of subsection A of this section:
1. Within a platted subdivision filed with Flathead County clerk and recorder, a division of lots that results in an increase in the number of lots or that redesigns or rearranges six (6) or more lots must be reviewed and approved by the governing body and an amended plat must be filed with the county clerk and recorder.
2. If a division within a platted subdivision is exempt from additional subdivision reviews and is subject to applicable zoning regulations, unless the method of disposition is adopted for the purpose of evading this chapter, if the division:
a. Is within a subdivision that has been approved by a local government body;
b. Creates parcels of a size allowed within the subdivision; and
c. Is gifted or sold to a member of the landowner's immediate family,
An amended plat must be filed with the county clerk and recorder after a division provided above occurs and all previously approved conditions of approval for the subdivision apply.
3. A division of land exempted under subsection A2 that is also located in a zoning district is allowed if each family transfer parcel created by the division is at least five (5) acres, unless the zoning district allows for smaller lot sizes; and
4. A division of land transferred to an immediate family member pursuant to subsection A2 or A3 may be transferred regardless of age and may be owned jointly with that immediate family member's spouse.
C. The city council may examine a division of land within twenty (20) working days to determine whether or not the requirements of these regulations apply to the division and may establish a review fee not to exceed four hundred dollars ($400.00) for the examination and may not impose conditions on the approval of a division or aggregation of land under this section except for conditions necessary to ensure compliance with the survey requirements of Title 76, chapter 3, part 4.
D. An immediate family member or spouse of an immediate family member who receives a division of land pursuant to subsections A2 or A3 may not transfer or otherwise convey the division of land for a period of up to two (2) years after the date of the division unless the governing body authorizes a variance from this requirement.
E. If a governing body can prove by documented evidence in court of competent jurisdiction that a person has knowingly evaded subdivision regulations through the use of subsection A2 or A3, that person is subject to a civil penalty of five thousand dollars ($5,000.00) for each division of land, payable to the governing body. (Ord. 09-23, 11-16-2009; amd. Ord. 21-15, 9-20-2021; Ord. 23-15, 8-21-2023)