(A) (1) Generally condominiums are subject to review as subdivisions, but under certain circumstances they may be exempt from review, provided they are constructed on land divided in compliance with these regulations and the MSPA, and:
(a) The approval of the original division of land expressly contemplated the construction of the condominiums and M.C.A. § 76-3-621 is complied with; or
(b) The condominium proposal is in conformance with applicable zoning regulations where local zoning regulations are in effect.
(2) An example of this type of project is where a developer files a plat for a condominium development on a parcel of land zoned for that activity. If there is no zoning in place, the project would go through normal subdivision review.
(B) Generally, subdivisions created by rent or lease are exempt from the surveying and filing requirements of the MSPA and these regulations, but must be submitted for review and approved by the governing body before portions may be rented or leased.
(1) When the land upon which an improvement is situated has been subdivided in compliance with the MSPA, the sale, rent, lease or other conveyance of one or more parts of a building, structure or other improvement situated on one or more lots of land is not a division of land and is not subject to the MSPA or these regulations;
(2) 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 and is not subject to the requirements of the MSPA or these regulations; and
(3) An example of this type of project is a mobile home court or RV park where the land remains under one ownership.
(C) 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 is not subject to the MSPA or these regulations, provided the lease or rental is for onsite weather or air navigation facilities, the manufacture, maintenance and storage of aircraft, or air carrier related activities. This type of project is generally used for airport hangars where the land remains under one ownership.
(D) A division of state-owned land is not subject to the MSPA or these regulations unless the division creates a second or subsequent lot from a single tract for sale, rent or lease for residential purposes after July 1, 1974.
(E) The MSPA and these regulations do not apply to deeds, contracts, leases or other conveyances which were executed prior to July 1, 1974.
(F) Instruments of transfer of land which are acquired for state highways may refer by lot and project number to state highway plans which have been recorded in compliance with M.C.A. § 60-2-209, and are exempted from the surveying and platting requirements of the MSPA and these regulations. A survey or plat for the recordation of an instrument transferring title to a remainder which was created when the state obtained property for a highway right-of-way is not required. If such lots are not shown on highway plans of record, instruments of transfer of such lots shall be accompanied by and refer to appropriate certificates of survey and plats when presented for recording.(Res. 607, passed 7-1-2019)