Montana § 76-3-605 Hearing On Subdivision Application

Montana Statutes

§ 76-3-605 — Hearing On Subdivision Application

Montana·Title 76 LAND RESOURCES AND USE·Ch. 3 LOCAL REGULATION OF SUBDIVISIONS·Part 6 Local Review Procedure

76-3-605 . Hearing on subdivision application.

(1)Except as provided in 76-3-609 and 76-3-616 and subject to the regulations adopted pursuant to 76-3-504 (1)(o) and 76-3-615 , at least one public hearing on the subdivision application must be held by the governing body, its authorized agent or agency, or both and the governing body, its authorized agent or agency, or both shall consider all relevant evidence relating to the public health, safety, and welfare, including the environmental assessment if required, to determine whether the subdivision application should be approved, conditionally approved, or denied by the governing body.

(2)When a proposed subdivision is also proposed to be annexed to a municipality, the governing body of the municipality shall hold joint hearings on the sub

Free access — add to your briefcase to read the full text and ask questions with AI

76-3-605 . Hearing on subdivision application. (1) Except as provided in 76-3-609 and 76-3-616 and subject to the regulations adopted pursuant to 76-3-504 (1)(o) and 76-3-615 , at least one public hearing on the subdivision application must be held by the governing body, its authorized agent or agency, or both and the governing body, its authorized agent or agency, or both shall consider all relevant evidence relating to the public health, safety, and welfare, including the environmental assessment if required, to determine whether the subdivision application should be approved, conditionally approved, or denied by the governing body.
(2) When a proposed subdivision is also proposed to be annexed to a municipality, the governing body of the municipality shall hold joint hearings on the subdivision application and annexation whenever possible.
(3) Notice of the hearing must be published as provided in 7-1-2121 if the governing body is a county commission or as provided in 7-1-4127 for a time period in accordance with 7-1-4127 (7)(b) if the governing body is a city commission or a town council. The subdivider, each property owner of record whose property is immediately adjoining the land included in the preliminary plat, and each purchaser under contract for deed of property immediately adjoining the land included in the preliminary plat must also be notified of the hearing by registered or certified mail postmarked not less than 15 business days prior to the date of the hearing.
(4) When a hearing is held by an agent or agency designated by the governing body, the agent or agency shall act in an advisory capacity and recommend to the governing body the approval, conditional approval, or denial of the proposed subdivision. This recommendation must be submitted to the governing body in writing not later than 10 working days after the public hearing.

Montana § 76-3-605 (Hearing On Subdivision Application) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 8, Ch. 500, L. 1973; amd. Sec. 6, Ch. 334, L. 1974; amd. Sec. 3, Ch. 498, L. 1975; amd. Sec. 1, Ch. 555, L. 1977; R.C.M. 1947, 11-3866(part); amd. Sec. 2, Ch. 89, L. 1981; amd. Sec. 21, Ch. 526, L. 1983; amd. Sec. 25, Ch. 582, L. 1999; amd. Sec. 8, Ch. 298, L. 2005; amd. Sec. 5, Ch. 455, L. 2007; amd. Sec. 12, Ch. 272, L. 2025.