Montana § 76-25-401 - Authority To Adopt Local Subdivision Regulations -- Limitations

§ 76-25-401. Authority To Adopt Local Subdivision Regulations -- Limitations

Authority to adopt local subdivision regulations -- limitations. (1) (a) Within its respective jurisdiction, a local government shall regulate the creation of lots in substantial compliance with its adopted land use plan and zoning regulations by adopting subdivision regulations. (b) The governing body of a county or city has the authority to adopt subdivision regulations in accordance with this part by an ordinance that substantially complies with 7-5-103 through 7-5-107 . (c) A municipality shall adopt subdivision regulations for those portions of the jurisdictional area outside the boundaries of the municipality that the governing body anticipates may be annexed into the municipality over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, subdivision regulations on property outside the municipal boundaries may not apply or be enforced until the areas are annexed or being annexed into the municipality. (2) The subdivision regulations must provide a process for the application and consideration of subdivision exemptions, certificates of survey, preliminary plats, and final plats as necessary for the implementation of this chapter. (3) (a) A local governing body may not require, as a condition for approval of a subdivision under this part: (i) the payment of a fee for the purpose of providing housing for specified income levels or at specified sale prices; or (ii) the dedication of real property for the purpose of providing housing for specified income levels or at specified sale prices. (b) A dedication of real property prohibited in subsection (3)(a)(ii) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices. (4) The local governing body may not change, in the subdivision regulations or in the process for subdividing, any timelines or procedural requirements for an application to subdivide other than provided for in this part.