HB 714: Revise laws for divisions of land exempt from subdivision review - Montana

HB0714_X(2).pdf → HB0714_X(3).pdf · 4 edits

MODERATE

The bill amends subdivision review laws to clarify exemptions for agricultural land divisions and family transfers, requiring specific covenants for agricultural use. It also tightens the timeline for government bodies to review applications and adds new conditions for dividing land in specific zoning districts.

Scope change

The bill expands the scope of exempted land divisions by adding a new category for agricultural covenants and modifying the criteria for family transfers within zoning districts.

ELIGIBILITY

Added a new exemption allowing land divisions if the owner enters a covenant with the governing body ensuring the land remains used exclusively for agricultural purposes.

Modified the rules for dividing land in zoning districts to require that resulting family transfer parcels and remaining parcels be at least 5 acres each, unless the district allows smaller lots.

REQUIREMENT

Changed the deadline for governing bodies to complete division reviews from 20 working days to 20 working days after receiving all required materials, emphasizing the need for complete applications.

TECHNICAL

Corrected grammatical errors and formatting inconsistencies in the text of the bill.

HB0714_2(4).pdf → HB0714_X.pdf · 6 edits

MODERATE

This bill revises Montana's laws regarding land divisions that are exempt from subdivision review, clarifying the specific scenarios where such divisions are allowed. It updates the statutory text to improve clarity on exemptions for family transfers, boundary adjustments, and agricultural land divisions, while also refining the procedures for governing bodies to review these applications.

Scope change

The bill modifies the scope of exemptions by clarifying the conditions under which land divisions are exempt from review, particularly regarding family transfers and lot size requirements in zoning districts.

REQUIREMENT

Updated the bill title and summary to explicitly mention 'aggregations of land' and the requirement for governing bodies to use an affidavit form to detect evasion.

Reorganized and clarified the list of exempt land divisions, specifically correcting line breaks and formatting for subsections regarding boundary relocations and family gifts.

Clarified rules for transferring land to immediate family members, allowing transfers regardless of age and permitting joint ownership with a spouse.

Revised the governing body's examination procedures to include a 20-working-day deadline for completing the review of division applications.

ELIGIBILITY

Added specific criteria for divisions in zoning districts, requiring that family transfer parcels be at least 5 acres unless the district allows smaller lots.

TECHNICAL

Removed draft formatting markers and inconsistent line numbering from the text.

HB0714_1(9).pdf → HB0714_2.pdf · 4 edits

MODERATE

The bill text was reformatted to include a new version identifier (HB0714.2) and corrected a sentence fragment regarding tax payments by adding the requirement to comply with specific standards. A critical policy change was made to the subdivision rules, explicitly requiring that any new division created under this section must adhere to the minimum lot size standards established by state law (Section 76-3-411), which previously was not explicitly stated in this context. Additionally, the governing body's authority to examine land divisions was clarified by changing 'may shall' to 'may shall' (likely a typo correction to 'may' or 'shall' depending on intent, but the text remains ambiguous), and the fee cap for these examinations was retained at $400.

Scope change

The bill's scope regarding land divisions was narrowed by adding a mandatory compliance clause with existing state minimum lot size standards, ensuring new subdivisions cannot bypass standard zoning requirements.

REQUIREMENT

Added a mandatory requirement that divisions must comply with minimum lot size standards established under Section 76-3-411.

Corrected a sentence fragment regarding tax payments by adding the phrase 'AND MUST COMPLY WITH ALL STANDARDS ESTABLISHED PURSUANT TO 76-3-411'.

Altered the governing body's examination authority language from 'may shall' to 'may shall' (text remains unchanged in the diff but context suggests a grammatical correction was intended).

TECHNICAL

Changed the bill identifier from HB 714.1 to HB0714.2 and updated the page header format.

HB0714.001.003_combo_final-not condensed.pdf → HB0714_1(6).pdf · 4 edits

MODERATE

The bill adds new requirements for land divisions that are exempt from standard review but subject to surveying. Specifically, it mandates that applicants must notify adjoining landowners within five working days and hold a public meeting if requested. It also clarifies that existing zoning restrictions and private covenants continue to apply to these divisions.

Scope change

The bill's scope now explicitly covers divisions of land that are exempt from review but still require surveying, ensuring these specific transactions are subject to neighbor notification and public oversight.

REQUIREMENT

Added a requirement for applicants to provide notice to adjoining landowners within five working days after filing an application for a land division.

Added a requirement for the governing body to hold a public meeting if one or more adjoining landowners request it.

Clarified that existing zoning restrictions and private covenants continue to apply to divisions allowed under the new exemption process.

TECHNICAL

Added the word 'recorder' to specify where amended plat certificates of survey must be filed.

HB0714_1(5).pdf → HB0714.001.003_combo_final-not condensed.pdf · 3 edits

MINOR

The bill updates the administrative procedures for land divisions that are exempt from standard review but still require a survey. It clarifies that these divisions must comply with specific surveying standards and ensures that property tax prorations are handled correctly when centrally assessed properties are involved. Additionally, it corrects grammatical errors and reorganizes the text for better readability.

Scope change

The scope of applicability remains focused on land divisions exempt from review but subject to survey requirements; no new categories of land or entities are added or removed.

REQUIREMENT

Added a requirement that certificates of survey for exempt land divisions must comply with all standards established under 76-3-411.

Clarified the process for handling property taxes on centrally assessed properties, ensuring prorated taxes are paid before the division occurs.

TECHNICAL

Corrected grammatical errors, such as changing 'an a certificate' to 'an a certificate' (contextual fix) and 'is are' to 'is', and reorganized subsections for logical flow.

LC2268.pdf → HB0714_1.pdf · 2 edits

MINOR

The bill text was updated to reflect a change in the bill number from LC 2268 to HB 714.1, and the introduction line was modified to name L. Brewster as the sponsor. Additionally, a new procedural requirement was added to the division process, mandating that officials complete their examination and approve or deny applications within a specific timeframe.

Scope change

The bill's scope remains focused on land division laws, but the procedural requirements for processing division applications have been expanded to include a mandatory timeline for decision-making.

REQUIREMENT

Added a requirement for officials to complete examination and approve or deny division applications within a set number of working days.

TECHNICAL

Updated the bill number from LC 2268 to HB 714.1 and identified L. Brewster as the primary sponsor.

Revise laws for divisions of land exempt from subdivision review

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