Montana § 76-3-211 Agricultural Covenant -- Change In Use

Montana Statutes

§ 76-3-211 — Agricultural Covenant -- Change In Use

Montana § 76-3-211

Title 76LAND RESOURCES AND USE

Ch. 3LOCAL REGULATION OF SUBDIVISIONS

Part 2Miscellaneous Exemptions

This text of Montana § 76-3-211 (Agricultural Covenant -- Change In Use) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 76-3-211 (2026).

Text

76-3-211 . Agricultural covenant -- change in use.

(1)A change in use for anything other than agricultural purposes subjects a division of land that received an exemption under 76-3-207 (1)(c) to subdivision review under parts 5 and 6 of this chapter. However, the governing body, in its discretion, may revoke the covenant provided for in 76-3-207 (1)(c) for the purposes of this chapter and the division may proceed without subdivision review if:

(a)the original lot lines are restored through aggregation of the covenanted land prior to or in conjunction with the revoking of the covenant;

(b)a government or public entity seeks to use the land for public purposes as defined in the governing body's review criteria pursuant to 76-3-504 (1)(p); or

(c)the land is annexed into a municipality. (

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76-3-211 . Agricultural covenant -- change in use. (1) A change in use for anything other than agricultural purposes subjects a division of land that received an exemption under 76-3-207 (1)(c) to subdivision review under parts 5 and 6 of this chapter. However, the governing body, in its discretion, may revoke the covenant provided for in 76-3-207 (1)(c) for the purposes of this chapter and the division may proceed without subdivision review if:
(a) the original lot lines are restored through aggregation of the covenanted land prior to or in conjunction with the revoking of the covenant;
(b) a government or public entity seeks to use the land for public purposes as defined in the governing body's review criteria pursuant to 76-3-504 (1)(p); or
(c) the land is annexed into a municipality.
(2) If a governing body proposes to revoke a covenant pursuant to subsection (1)(b), the governing body shall hold a public hearing. Within 15 days of the hearing, the governing body shall issue written findings of fact and a decision based on the record. If the governing body approves the revoking of the covenant, the approval must be recorded with the clerk and recorder.
(3) The revocation of a covenant pursuant to this section does not affect sanitary restrictions imposed under Title 76, chapter 4.