Bill Summary – FastDemocracy

67th Legislature                                                                                                         SB 211.1
                                                    SENATE BILL NO. 211
                                             INTRODUCED BY S. FITZPATRICK
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   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING CRITERIA FOR LOCAL GOVERNMENT REVIEW OF A
   SUBDIVISION APPLICATION WITH REGARD TO IMPACT ON ADJACENT AGRICULTURAL OPERATIONS;
   AMENDING SECTION 76-3-608, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN
   APPLICABILITY DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 76-3-608, MCA, is amended to read:
              "76-3-608.    Criteria for local government review. (1) The basis for the governing body's decision to
   approve, conditionally approve, or deny a proposed subdivision is whether the subdivision application,
   preliminary plat, applicable environmental assessment, public hearing, planning board recommendations, or
   additional information demonstrates that development of the proposed subdivision meets the requirements of
   this chapter. A governing body may not deny approval of a proposed subdivision based solely on the
   subdivision's impacts on educational services or based solely on parcels within the subdivision having been
   designated as wildland-urban interface parcels under 76-13-145.
              (2)   The governing body shall issue written findings of fact that weigh the criteria in subsection (3), as
   applicable.
              (3)   A subdivision proposal must undergo review for the following primary criteria:
              (a)   except when the governing body has established an exemption pursuant to subsection (6) of this
   section or except as provided in 76-3-509, 76-3-609(2) or (4), or 76-3-616, the impact on agriculture of the
   proposed subdivision on adjacent agricultural operations excluding any consideration of whether the proposed
   subdivision will result in a loss of agricultural soils, agricultural water user facilities, local services, the natural
   environment, wildlife, wildlife habitat, and public health and safety;
              (b)   compliance with:
              (i)   the survey requirements provided for in part 4 of this chapter;
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67th Legislature                                                                                                     SB 211.1
              (ii) the local subdivision regulations provided for in part 5 of this chapter; and
              (iii) the local subdivision review procedure provided for in this part;
              (c)   the provision of easements within and to the proposed subdivision for the location and installation
   of any planned utilities; and
              (d)   the provision of legal and physical access to each parcel within the proposed subdivision and the
   required notation of that access on the applicable plat and any instrument of transfer concerning the parcel.
              (4)   The governing body may require the subdivider to design the proposed subdivision to reasonably
   minimize potentially significant adverse impacts identified through the review required under subsection (3).
   The governing body shall issue written findings to justify the reasonable mitigation required under this
   subsection (4).
              (5)   (a) In reviewing a proposed subdivision under subsection (3) and when requiring mitigation under
   subsection (4), a governing body may not unreasonably restrict a landowner's ability to develop land, but it is
   recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable
   and will preclude approval of the subdivision.
              (b) When requiring mitigation under subsection (4), a governing body shall consult with the subdivider
   and shall give due weight and consideration to the expressed preference of the subdivider.
              (6)   A governing body may conditionally approve or deny a proposed subdivision as a result of the
   water and sanitation information provided pursuant to 76-3-622 or public comment received pursuant to 76-3-
   604 on the information provided pursuant to 76-3-622 only if the conditional approval or denial is based on
   existing subdivision, zoning, or other regulations that the governing body has the authority to enforce.
              (7)   A governing body may not require as a condition of subdivision approval that a property owner
   waive a right to protest the creation of a special improvement district or a rural improvement district for capital
   improvement projects that does not identify the specific capital improvements for which protest is being waived.
   A waiver of a right to protest may not be valid for a time period longer than 20 years after the date that the final
   subdivision plat is filed with the county clerk and recorder.
              (8)   A governing body may not approve a proposed subdivision if any of the features and
   improvements of the subdivision encroach onto adjoining private property in a manner that is not otherwise
   provided for under chapter 4 or this chapter or if the well isolation zone of any proposed well to be drilled for the
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67th Legislature                                                                                                          SB 211.1
   proposed subdivision encroaches onto adjoining private property unless the owner of the private property
   authorizes the encroachment. For the purposes of this section, "well isolation zone" has the meaning provided
   in 76-4-102.
              (9)   If a federal or state governmental entity submits a written or oral comment or an opinion regarding
   wildlife, wildlife habitat, or the natural environment relating to a subdivision application for the purpose of
   assisting a governing body's review, the comment or opinion may be included in the governing body's written
   statement under 76-3-620 only if the comment or opinion provides scientific information or a published study
   that supports the comment or opinion. A governmental entity that is or has been involved in an effort to acquire
   or assist others in acquiring an interest in the real property identified in the subdivision application shall disclose
   that the entity has been involved in that effort prior to submitting a comment, an opinion, or information as
   provided in this subsection.
              (10) Findings of fact by the governing body concerning whether the development of the proposed
   subdivision meets the requirements of this chapter must be based on the record as a whole. The governing
   body's findings of fact must be sustained unless they are arbitrary, capricious, or unlawful."
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              NEW SECTION. Section 2.        Severability. If a part of [this act] is invalid, all valid parts that are
   severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
   the part remains in effect in all valid applications that are severable from the invalid applications.
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              NEW SECTION. Section 3.        Effective date. [This act] is effective on passage and approval.
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              NEW SECTION. Section 4.        Applicability. [This act] applies to subdivision applications submitted on
   or after July 1, 2021.
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                                                                   -3-                        Authorized Print Version – SB 211
Statutes affected: 
SB0211_1.pdf: 76-3-608
SB0211_2.pdf: 76-3-608
SB0211_3.pdf: 76-3-608
SB0211_X.pdf: 76-3-608
Amended: 76-3-608
Introduced: 76-3-608