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SB 324, Generally revise the subdivision laws related to lease or rent requirements


Posted Date: 
March 22, 2013
Contact: 
Tara DePuy, MACo JPIA Land Use Attorney

Read the Bill:  HTML  |  PDF  |  Additional Information

This bill is one of two remaining bills addressing subdivisions for rent or lease.  This bill was amended in Senate Local Government and now three or fewer lease or rentals of buildings/units are exempt upon signing of the bill but they are subject to sanitation review; that number can be increased but not decreased.  Four or more LRs are required to go through a review process and new regulations must be adopted by Sept 1, 2013.  Minimum review criteria can be expanded by super-majority vote.  LRs may be exempted from review if there is county zoning that contains the minimum review criteria.  This law would be codified in a new part in Title 76.

Under this law counties will review rv/mobile home structures under this law and rv/mobile home spaces/parks will be reviewed pursuant to the county’s subdivision regulations.  Most counties already address rv/mobile home spaces/parks in their subdivision regulations.  However, as 76-3-208 is repealed it is not addressed whether rv/mobile home parks will be subject to surveying and recording.  Counties will have to make this decision in their subdivision regulations.

Cell tower sites are not reviewable under this bill.  Cell towers could be reviewed as a structure if there were more than five on a tract of record.

Senator Rosendale sponsored the bill and explained that the bill is based on the inconsistencies in subdivision review for lease or rentals since the 2013 AG opinion and the process that was taken during the interim to address subdivisions for lease or rent.  Proponents of the bill includes Senator Cliff Larson, District 50; MARs; MBI; Homer Staves, President of Montana Campgrounds; residents of Missoula County; the City of Missoula; the Montana Chamber of Commerce; CTAP; the Montana League of Cities and Towns; United Property Owners of Montana; MACo; Senator Brown, District 2; The Montana Lodging Facilities Association; MAP; Paws Up; and Smart Growth.

Opponents included John Richards, a resident of Seeley Lake and Montana Audubon. 

Senator Rosendale has a few amendments that will clarify that on the date of signing of this bill, only three lease or rental buildings/units per property will be exempt and clarifying that even exempt lease or rentals must be in compliance with Sanitation.

CTAP and MACo will work on model regulations for the new law and provide training throughout the state after the 2013 Legislative Session.

Additional Information: 
  • Heard before Senate Local Government on February 20, 2013
  • Heard before House Local Government on March 21, 2013
Tara DePuy | 406.223.1803 | attorney@riverworks.net