UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT EXEMPTING CERTAIN SUBDIVISIONS FROM THE REQUIREMENT OF A PUBLIC HEARING; CLARIFYING THE PURPOSE OF A PUBLIC HEARING; CLARIFYING THE EXEMPTION FROM THE ENVIRONMENTAL ASSESSMENT REQUIREMENT IN CURRENT LAW; AND AMENDING SECTIONS 76-3-210, 76-3-504, 76-3-603, AND 76-3-605, MCA."
WHEREAS, public involvement in the subdivision review process is important; and
WHEREAS, all parties involved in the subdivision review process would benefit from more efficient public hearing requirements; and
WHEREAS, the purposes of the public hearing on a proposed subdivision are legitimately limited to determining whether a proposed subdivision meets the requirements of Title 76, chapter 3, MCA; and
WHEREAS, certain subdivisions can be identified by the Legislature as meeting the requirements of Title 76, chapter 3, MCA.
THEREFORE, it is appropriate to exempt those subdivisions from a public hearing requirement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-3-210, MCA, is amended to read:
"76-3-210. Subdivisions exempted from requirement of an environmental assessment and public hearing
requirements. (1) Subdivisions totally within a master planning jurisdictional area that has adopted all of the following are
considered to be in the public interest and are exempt from the requirements of an environmental assessment and a public
hearing:
(a) a master plan pursuant to chapter 1 wherein;
(b) zoning regulations pursuant to part 2 or 3 of chapter 2; or 76-2-201; and
(c) a long-range development program of public works projects pursuant to 76-1-601 have been adopted are deemed to
be in the public interest and exempt from the requirement of an environmental assessment.
(2) (a) When a A planning board established pursuant to chapter 1 may exempt a proposed subdivision within its
jurisdictional area from the requirement of a public hearing or from completion of any portion of the environmental
assessment if:
(i) the subdivision is proposed in an area for which a master plan has been adopted pursuant to chapter 1 and the proposed subdivision will be in compliance with the master plan; or
(ii) when the subdivision will contain fewer than 10 parcels and less than 20 acres, a planning board established pursuant
to chapter 1 and having jurisdiction over the area involved may exempt the subdivider from the completion of all or any
portion of the environmental assessment.
(b) When such an exemption is granted under this subsection (2), the planning board shall prepare and certify a written
statement of the reasons for granting the exemption. A copy of this statement shall must accompany the preliminary plat of
the subdivision when it is submitted for review.
(c) Where no When a properly established planning board having jurisdiction exists does not exist, the governing body
may grant exemptions as specified in this subsection (2)."
Section 2. Section 76-3-504, MCA, is amended to read:
"76-3-504. Minimum requirements for subdivision regulations. The subdivision regulations adopted under this
chapter shall must, at a minimum:
(1) except as provided in 76-3-210 and 76-3-609, require the subdivider to submit to the governing body an environmental assessment as prescribed in 76-3-603;
(2) establish procedures consistent with this chapter for the submission and review of subdivision plats;
(3) prescribe the form and contents of preliminary plats and the documents to accompany final plats;
(4) provide for the identification of areas that, because of natural or human-caused hazards, are unsuitable for subdivision development and prohibit subdivisions in these areas unless the hazards can be eliminated or overcome by approved construction techniques;
(5) prohibit subdivisions for building purposes in areas located within the floodway of a flood of 100-year frequency as defined by Title 76, chapter 5, or determined to be subject to flooding by the governing body;
(6) prescribe standards for:
(a) the design and arrangement of lots, streets, and roads;
(b) grading and drainage;
(c) subject to the provisions of 76-3-511, water supply and sewage and solid waste disposal that, at a minimum, meet the regulations adopted by the department of environmental quality under 76-4-104;
(d) the location and installation of utilities;
(7) provide procedures for the administration of the park and open-space requirements of this chapter;
(8) provide for the review of preliminary plats by affected public utilities and those agencies of local, state, and federal government having a substantial interest in a proposed subdivision. A utility or agency review may not delay the governing body's action on the plat beyond the time limits specified in this chapter, and the failure of any agency to complete a review of a plat may not be a basis for rejection of the plat by the governing body."
Section 3. Section 76-3-603, MCA, is amended to read:
"76-3-603. Contents of environmental assessment. When required, and except as provided in 76-3-210 and 76-3-609,
the environmental assessment must accompany the preliminary plat and must include:
(1) for a major subdivision:
(a) a description of every body or stream of surface water that may be affected by the proposed subdivision, together with available ground water information, and a description of the topography, vegetation, and wildlife use within the area of the proposed subdivision;
(b) a summary of the probable impacts of the proposed subdivision based on the criteria described in 76-3-608; and
(c) a community impact report containing a statement of anticipated needs of the proposed subdivision for local services, including education and busing; roads and maintenance; water, sewage, and solid waste facilities; and fire and police protection; and
(d) additional relevant and reasonable information related to the applicable regulatory criteria adopted under 76-3-501 as may be required by the governing body;
(2) except as provided in 76-3-609(3), for a minor subdivision, a summary of the probable impacts of the proposed subdivision based on the criteria described in 76-3-608."
Section 4. Section 76-3-605, MCA, is amended to read:
"76-3-605. Hearing on preliminary plat. (1) The Except as provided in 76-3-210 and 76-3-609, the governing body
or its authorized agent or agency shall hold a public hearing on the preliminary plat and shall consider all relevant evidence
relating to the public health, safety, and welfare, including the environmental assessment if required, to determine whether
the plat should be approved, conditionally approved, or disapproved 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 preliminary plat and annexation whenever possible.
(3) Notice of such the hearing shall must be given by publication in a newspaper of general circulation in the county not
less than 15 days prior to the date of the hearing. The subdivider, each property owner of record, and each purchaser under
contract for deed of property immediately adjoining the land included in the plat shall must also be notified of the hearing by
registered or certified mail not less than 15 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 disapproval of the plat. This recommendation must be submitted to the governing body in writing not later than 10 days after the public hearing.
(5) The purpose of a public hearing under this section is to provide additional information that will allow the governing body to determine whether the subdivision meets the requirements of this chapter and to weigh the review criteria provided in 76-3-608."
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