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for infrastructure through the use of concentrated public services and utilities, while allowing other landsto remain undeveloped.(3) "Dedication" means the deliberate appropriation of land by an owner for any general and publicuse, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of thepublic use to which the property has been devoted.(4) "Division of land" means the segregation of one or more parcels of land from a larger tract held insingle or undivided ownership by transferring or contracting to transfer title to or possession of a portionof the tract or properly filing a certificate of survey or subdivision plat establishing the identity of thesegregated parcels pursuant to this chapter. The conveyance of a tract of record or an entire parcel of landthat was created by a previous division of land is not a division of land.(5) "Examining land surveyor" means a registered land surveyor appointed by the governing body toreview surveys and plats submitted for filing.(6) "Final plat" means the final drawing of the subdivision and dedication required by this chapter tobe prepared for filing for record with the county clerk and recorder and containing all elements andrequirements set forth in this chapter and in regulations adopted pursuant to this chapter.(7) "Governing body" means a board of county commissioners or the governing authority of a city ortown organized pursuant to law.(8) "Immediate family" means a spouse, children by blood or adoption, and parents.(9) "Minor subdivision" means a subdivision that creates five or fewer lots from a tract of record.(10) "Planned unit development" means a land development project consisting of residential clusters,industrial parks, shopping centers, or office building parks that compose a planned mixture of land usesbuilt in a prearranged relationship to each other and having open space and community facilities incommon ownership or use.(11) "Plat" means a graphical representation of a subdivision showing the division of land into lots,parcels, blocks, streets, alleys, and other divisions and dedications.(12) "Preliminary plat" means a neat and scaled drawing of a proposed subdivision showing the layoutof streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by agoverning body.(13) "Public utility" has the meaning provided in 69-3-101, except that for the purposes of this chapter,the term includes county or consolidated city and county water or sewer districts as provided for in Title7, chapter 13, parts 22 and 23.(14) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision ofland.(15) "Subdivision" means a division of land or land so divided that it creates one or more parcelscontaining less than 160 acres that cannot be described as a one-quarter aliquot part of a United Statesgovernment section, exclusive of public roadways, in order that the title to or possession of the parcelsmay be sold, rented, leased, or otherwise conveyed and includes any resubdivision and further includes acondominium or area, regardless of its size, that provides or will provide multiple space for recreationalcamping vehicles or mobile homes.(16) (a) "Tract of record" means an individual parcel of land, irrespective of ownership, that can beidentified by legal description, independent of any other parcel of land, using documents on file in therecords of the county clerk and recorder's office.(b) Each individual tract of record continues to be an individual parcel of land unless the owner of theparcel has joined it with other contiguous parcels by filing with the county clerk and recorder(i) an instrument of conveyance in which the aggregated parcels have been assigned a legal descriptionthat describes the resulting single parcel and in which the owner expressly declares the owner's intentionthat the tracts be merged; or5

(ii) a certificate of survey or subdivision plat that shows that the boundaries of the original parcelshave been expunged and depicts the boundaries of the larger aggregate parcel.(c) An instrument of conveyance does not merge parcels of land under subsection (16)(b)(i) unless theinstrument states, "This instrument is intended to merge individual parcels of land to form the aggregateparcel(s) described in this instrument" or a similar statement, in addition to the legal description of theaggregate parcels, clearly expressing the owner's intent to effect a merger of parcels.History: En. Sec. 3, Ch. 500, L. 1973; amd. Sec. 1, Ch. 334, L. 1974; amd. Sec. 2, Ch. 498, L. 1975; R.C.M.1947, 11-3861(part); amd. Sec. 140, Ch. 370, L. 1987; amd. Sec. 2, Ch. 272, L. 1993; amd. Sec. 1, Ch. 503, L. 1997;amd. Sec. 3, Ch. 348, L. 2001; amd. Sec. 1, Ch. 298, L. 2005.76-3-104. What constitutes subdivision. A subdivision comprises only those parcels containingless than 160 acres that cannot be described as a one-quarter aliquot part of a United States governmentsection when the parcels have been segregated from the original tract. The subdivision plat must show allthe parcels whether contiguous or not.History: En. Sec. 3, Ch. 500, L. 1973; amd. Sec. 1, Ch. 334, L. 1974; amd. Sec. 2, Ch. 498, L. 1975; R.C.M.1947, 11-3861(part); amd. Sec. 3, Ch. 272, L. 1993.76-3-105. Violations. Any person who violates any provision of this chapter or any localregulations adopted pursuant thereto shall be guilty of a misdemeanor and punishable by a fine of not lessthan 100 or more than 500 or by imprisonment in a county jail for not more than 3 months or by bothfine and imprisonment. Each sale, lease, or transfer of each separate parcel of land in violation of anyprovision of this chapter or any local regulation adopted pursuant thereto shall be deemed a separate anddistinct offense.History: En. Sec. 18, Ch. 500, L. 1973; amd. Sec. 2, Ch. 553, L. 1977; R.C.M. 1947, 11-3876.Part 2Miscellaneous ExemptionsPart Cross-ReferencesCounty taxation, Title 7, Ch. 6, part 25.Property tax levies, Title 15, Ch. 10.Unit Ownership Act, Title 70, Ch. 23.76-3-201. Exemption for certain divisions of land -- fees for examination of division.(1) Unless the method of disposition is adopted for the purpose of evading this chapter, therequirements of this chapter may not apply to any division of land that:(a) is created by order of any court of record in this state or by operation of law or that, in the absenceof agreement between the parties to the sale, could be created by an order of any court in this statepursuant to the law of eminent domain, Title 70, chapter 30;(b) subject to subsection (3), is created to provide security for mortgages, liens, or trust indentures forthe purpose of construction, improvements to the land being divided, or refinancing purposes;(c) creates an interest in oil, gas, minerals, or water that is severed from the surface ownership of realproperty;(d) creates cemetery lots;(e) is created by the reservation of a life estate;6

(f) is created by lease or rental for farming and agricultural purposes;(g) is in a location over which the state does not have jurisdiction; or(h) is created for rights-of-way or utility sites. A subsequent change in the use of the land to aresidential, commercial, or industrial use is subject to the requirements of this chapter.(2) Before a court of record orders a division of land under subsection (1)(a), the court shall notify thegoverning body of the pending division and allow the governing body to present written comment on thedivision.(3) An exemption under subsection (1)(b) applies:(a) to a division of land of any size;(b) if the land that is divided is not conveyed to any entity other than the financial or lendinginstitution to which the mortgage, lien, or trust indenture was given or to a purchaser upon foreclosure ofthe mortgage, lien, or trust indenture. A transfer of the divided land, by the owner of the property at thetime that the land was divided, to any party other than those identified in this subsection (3)(b) subjectsthe division of land to the requirements of this chapter.(c) to a parcel that is created to provide security as provided in subsection (1)(b). The remainder of thetract of land is subject to the provisions of this chapter if applicable.(4) The governing body may examine a division of land to determine whether or not the requirementsof this chapter apply to the division and may establish reasonable fees, not to exceed 200, for theexamination.History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec.2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(9); amd. Sec. 2, Ch. 503, L. 1997; amd. Sec. 1, Ch. 340, L. 2001; amd.Sec. 3, Ch. 549, L. 2003; amd. Sec. 1, Ch. 563, L. 2003.76-3-202. Exemption for structures on complying subdivided lands. Where required by thischapter, when the land upon which an improvement is situated has been subdivided in compliance withthis chapter, the sale, rent, lease, or other conveyance of one or more parts of a building, structure, orother improvement situated on one or more parcels of land is not a division of land and is not subject tothe terms of this chapter.History: En. Sec. 3, Ch. 500, L. 1973; amd. Sec. 1, Ch. 334, L. 1974; amd. Sec. 2, Ch. 498, L. 1975; R.C.M.1947, 11-3861(part); amd. Sec. 10, Ch. 266, L. 1979.76-3-203. Exemption for certain condominiums. Condominiums constructed on land divided incompliance with this chapter are exempt from the provisions of this chapter if:(1) the approval of the original division of land expressly contemplated the construction of thecondominiums and any applicable park dedication requirements in 76-3-621 are complied with; or(2) the condominium proposal is in conformance with applicable local zoning regulations where localzoning regulations are in effect.History: En. Sec. 3, Ch. 500, L. 1973; amd. Sec. 1, Ch. 334, L. 1974; amd. Sec. 2, Ch. 498, L. 1975; R.C.M.1947, 11-3861(part); amd. Sec. 1, Ch. 534, L. 2001.76-3-204. Exemption for conveyances of one or more parts of a structure or improvement.The sale, rent, lease, or other conveyance of one or more parts of a building, structure, or otherimprovement, whether existing or proposed, is not a division of land, as that term is defined in thischapter, and is not subject to the requirements of this chapter.History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec.2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(10); amd. Sec. 1, Ch. 500, L. 1985.7

76-3-205. Exemption for airport land and state-owned lands -- exception. (1) A division ofland created by lease or rental of contiguous airport-related land owned by a city, a county, the state, or amunicipal or regional airport authority is not subject to the requirements of this chapter if the lease orrental is for onsite weather or air navigation facilities, the manufacture, maintenance, and storage ofaircraft, or air carrier-related activities.(2) A division of state-owned land is not subject to the requirements of this chapter unless the divisioncreates a second or subsequent parcel from a single tract for sale, rent, or lease for residential purposesafter July 1, 1974.History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec.2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(5); amd. Sec. 1, Ch. 548, L. 1999.76-3-206. Exemption for conveyances executed prior to July 1, 1974. This chapter shall not beapplicable to deeds, contracts, leases, or other conveyances executed prior to July 1, 1974.History: En. Sec. 12, Ch. 500, L. 1973; amd. Sec. 8, Ch. 334, L. 1974; R.C.M. 1947, 11-3870 (part).76-3-207. Divisions of land exempted from review but subject to survey requirements andzoning regulations -- exceptions -- fees for examination of division. (1) Except as provided insubsection (2), unless the method of disposition is adopted for the purpose of evading this chapter, thefollowing divisions of land are not subdivisions under this chapter but are subject to the surveyingrequirements of 76-3-401 for divisions of land not amounting to subdivisions and are subject toapplicable zoning regulations adopted under Title 76, chapter 2:(a) divisions made outside of platted subdivisions for the purpose of relocating common boundarylines between adjoining properties;(b) divisions made outside of platted subdivisions for the purpose of a single gift or sale in each countyto each member of the landowner's immediate family;(c) divisions made outside of platted subdivisions by gift, sale, or agreement to buy and sell in whichthe parties to the transaction enter a covenant running with the land and revocable only by mutual consentof the governing body and the property owner that the divided land will be used exclusively foragricultural purposes;(d) for five or fewer lots within a platted subdivision, relocation of common boundaries and theaggregation of lots; and(e) divisions made for the purpose of relocating a common boundary line between a single lot within aplatted subdivision and adjoining land outside a platted subdivision. A restriction or requirement on theoriginal platted lot or original unplatted parcel continues to apply to those areas.(2) Notwithstanding the provisions of subsection (1):(a) within a platted subdivision filed with the county clerk and recorder, a division of lots that resultsin an increase in the number of lots or that redesigns or rearranges six or more lots must be reviewed andapproved by the governing body and an amended plat must be filed with the county clerk and recorder;(b) a change in use of the land exempted under subsection (1)(c) for anything other than agriculturalpurposes subjects the division to the provisions of this chapter.(3) (a) Subject to subsection (3)(b), a division of land may not be made under this section unless thecounty treasurer has certified that all real property taxes and special assessments assessed and levied onthe land to be divided have been paid.(b) (i) If a division of land includes centrally assessed property and the property taxes applicable to thedivision of land are not specifically identified in the tax assessment, the department of revenue shallprorate the taxes applicable to the land being divided on a reasonable basis. The owner of the centrallyassessed property shall ensure that the prorated real property taxes and special assessments are paid on the8

land being sold before the division of land is made.(ii) The county treasurer may accept the amount of the tax prorated pursuant to this subsection (3)(b)as a partial payment of the total tax that is due.(4) The governing body may examine a division of land to determine whether or not the requirementsof this chapter apply to the division and may establish reasonable fees, not to exceed 200, for theexamination.History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec.2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(6); amd. Sec. 1, Ch. 379, L. 1985; amd. Sec. 1, Ch. 569, L. 1989; amd.Sec. 4, Ch. 272, L. 1993; amd. Sec. 3, Ch. 366, L. 1993; amd. Sec. 3, Ch. 468, L. 1995; amd. Sec. 2, Ch. 436, L.2003; amd. Sec. 2, Ch. 563, L. 2003; amd. Sec. 1, Ch. 252, L. 2005.76-3-208. Subdivisions exempted from surveying and filing requirements but subject toreview provisions. Subdivisions created by rent or lease are exempt from the surveying and filingrequirements of this chapter but must be submitted for review and approved by the governing body beforeportions thereof may be rented or leased.History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec.2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(7).76-3-209. Exemption from surveying and platting requirements for lands acquired for statehighways. Instruments of transfer of land which is acquired for state highways may refer by parcel andproject number to state highway plans which have been recorded in compliance with 60-2-209 and areexempted from the surveying and platting requirements of this chapter. If such parcels are not shown onhighway plans of record, instruments of transfer of such parcels shall be accompanied by and refer toappropriate certificates of survey and plats when presented for recording.History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec.2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(4).76-3-210. Subdivisions exempted from requirement of an environmental assessment. (1)Subdivisions totally within an area that is covered by all of the following are considered to be in thepublic interest and are exempt from the requirement of an environmental assessment:(a) a growth policy adopted pursuant to chapter 1;(b) zoning regulations pursuant to 76-2-201 or chapter 2, part 3; and(c) a strategy for development, maintenance, and replacement of public infrastructure pursuant to 761-601.(2) (a) A planning board established pursuant to chapter 1 may exempt a proposed subdivision withinits jurisdictional area from the requirement for completion of any portion of the environmental assessmentif:(i) the subdivision is proposed in an area for which a growth policy has been adopted pursuant tochapter 1 and the proposed subdivision will be in compliance with the growth policy; or(ii) the subdivision will contain fewer than 10 parcels and less than 20 acres.(b) When an exemption is granted under this subsection (2), the planning board shall prepare andcertify a written statement of the reasons for granting the exemption. A copy of this statement mustaccompany the preliminary plat of the subdivision when it is submitted for review.(c) If a properly established planning board having jurisdiction does not exist, the governing body maygrant exemptions as specified in this subsection (2).History: (1)En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd.Sec. 2, Ch. 552, L. 1977; Sec. 11-3862, R.C.M. 1947; (2)En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L.1974; amd. Sec. 20, Ch. 213, L. 1975; Sec. 11-3863, R.C.M. 1947; R.C.M. 1947, 11-3862(8), 11-3863(3.1); amd.9

Sec. 20, Ch. 582, L. 1999; amd. Sec. 10, Ch. 599, L. 2003.Part 3Land TransfersPart Cross-ReferencesCounty taxation, Title 7, Ch. 6, part 25.Property tax levies, Title 15, Ch. 10.76-3-301. General restriction on transfer of title to subdivided lands. (1) Except as providedin 76-3-303, every final subdivision plat must be filed for record with the county clerk and recorderbefore title to the subdivided land can be sold or transferred in any manner. The clerk and recorder of thecounty shall refuse to accept any plat for record that fails to have the approval of 76-3-611(1) in properform unless the plat is located in an area over which the state does not have jurisdiction.(2) The clerk and recorder shall notify the governing body or its designated agent of any land divisiondescribed in 76-3-207(1).(3) If transfers not in accordance with this chapter are made, the county attorney shall commenceaction to enjoin further sales or transfers and compel compliance with all provisions of this chapter. Thecost of the action must be imposed against the party not prevailing.History: En. Sec. 9, Ch. 500, L. 1973; amd. Sec. 7, Ch. 334, L. 1974; amd. Sec. 1, Ch. 553, L. 1977; R.C.M.1947, 11-3867(part); amd. Sec. 1, Ch. 633, L. 1979; amd. Sec. 2, Ch. 340, L. 2001.76-3-302. Restrictions on recording instruments relating to land subject to surveyingrequirements. (1) Except as provided in subsection (2), the county clerk and recorder of any county maynot record any instrument that purports to transfer title to or possession of a parcel or tract of land that isrequired to be surveyed by this chapter unless the required certificate of survey or subdivision plat hasbeen filed with the clerk and recorder and the instrument of transfer describes the parcel or tract byreference to the filed certificate or plat.(2) Subsection (1) does not apply when the parcel or tract to be transferred:(a) is in a location in which the state does not have jurisdiction; or(b) was created before July 1, 1973, and the instrument of transfer for the parcel or tract includes areference to a previously recorded in

Montana Department of Environmental Quality Public Water Supply and Subdivisions Bureau 1520 East 6th Avenue PO Box 200901 Helena, Montana 59620-0901 (406) 444-4400 Information concerning the Uniform Standards and the licensing of professional engineers and professional land surveyors may be obtained from: Montana Department of Labor and Industry