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SB 41, Prohibiting consideration of future subdivision impact– 76-3-608


Posted Date: 
January 16, 2013
Contact: 
Tara DePuy, MACo JPIA Land Use Attorney

Read the Bill:  HTML  |  PDF  |  Additional Information

This is also a Montana Association of Realtor’s bill and was a portion of HB 542 that passed the 2011 legislature and was vetoed by the Governor.  MACo opposed the bill in 2011.  The bill inserts a new section into the law that states a governing body may not consider the impact of a subdivision under review in conjunction with the impact of a future subdivision(s) for which an applicant has not yet been filed. 

This bill was sponsored by Senator Ed Buttrey.  The sponsor of the bill stated that by counties reviewing a current subdivision based on impacts of future subdivisions not yet applied for, counties are using subdivision review as a form of zoning.  Zoning and growth policies should examine and plan for future uses of property. 

MARs spoke in favor of the bill as well as a realtor/developer from Yellowstone County and a realtor from Ravalli County.  The MBI, the Missoula Realtors Association, the Montana Association of Registered Land Surveyors and the Montana County Attorney’s Association all supported the bill.

MACo opposed the bill but offered a friendly amendment to state that the prohibition of considering the impact of future subdivisions would not apply to phased subdivisions.  The Montana Association of Planners opposed the bill and handed out written testimony.  The bill was also opposed by Lewis and Clark County, the Montana Farmer’s Union who is concerned about agriculture land all being converted to subdivisions, the City of Missoula who is concerned about loss of local control over subdivision review and MEIC who stated that long-term infrastructure plans should be considered in subdivision review. 

One question from the committee was asked regarding a specific instance of required road improvements for a subdivision.

MACo has submitted an amendment to Senator Buttrey for consideration.

Additional Information: 
  • Heard before Senate Local Government on January 16, 2013
  • Executive Action Scheduled:  Date Unknown
  • MACo Executive Committee Recommendation - Oppose
Tara DePuy | 406.223.1803 | attorney@riverworks.net