UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT ELIMINATING LOCAL GOVERNMENT AUTHORITY TO REQUIRE SUBDIVISION PLATS TO CONFORM TO MASTER PLANS BY ORDINANCE OR RESOLUTION; ELIMINATING THE REQUIREMENT FOR THE GOVERNING BODY TO REVIEW THE PRELIMINARY PLAT FOR CONFORMANCE TO THE MASTER PLAN; AMENDING SECTION 76-3-604, MCA; AND REPEALING SECTION 76-1-606, MCA."
WHEREAS, section 76-1-606, MCA, allows local governments to require subdivision plats to conform to the provisions of adopted master plans; and
WHEREAS, many adopted master plans contain ambiguous and subjective provisions that cannot be applied to review of proposed subdivisions in an objective manner; and
WHEREAS, it is inconsistent with accepted precepts of planning to allow a local government to enforce a master plan without properly adopted land-use controls; and
WHEREAS, the Legislature intends that master plans be implemented through the proper adoption of land-use controls that are authorized in statute and that master plans should not be enforced; and
WHEREAS, statutory procedures are in place that allow local governments to implement master plans through properly adopted land-use controls, including zoning regulations and subdivision regulations; and
WHEREAS, the procedures for adoption of zoning regulations and subdivision regulations incorporate the due process protection and other protections required under the Montana Constitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-3-604, MCA, is amended to read:
"76-3-604. Review of preliminary plat. (1) The governing body or its designated agent or agency shall review the
preliminary plat to determine whether it conforms to the local master plan if one has been adopted pursuant to chapter 1, to
the provisions of this chapter, and to rules prescribed or adopted pursuant to this chapter.
(2) The governing body shall approve, conditionally approve, or reject the preliminary plat within 60 days of its presentation unless the subdivider consents to an extension of the review period.
(3) If the governing body rejects or conditionally approves the preliminary plat, it shall forward one copy of the plat to
the subdivider accompanied by a letter over the appropriate signature stating the reason for rejection or enumerating the
conditions which that must be met to assure ensure approval of the final plat."
NEW SECTION. Section 2. Repealer. Section 76-1-606, MCA, is repealed.
- END -
Latest Version of LC 1363 (LC1363.01)
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