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ELG's Subdivision Rent or Lease Exemption Study Update


Posted Date: 
May 1, 2012
Contact: 
Leanne Kurtz, Committee Staff

ELG's primary local government-related issue this interim is the statutory exemption from local review under the Subdivision and Platting Act of subdivisions for lease or rent. Staff of the Department of Commerce's Community Technical Assistance Program have been facilitating meetings of a working group of interested individuals and organizations to develop options for amending subdivision for lease or rent exemption statutes (SLRs). Participation in the working group was solicited from every individual and organization who testified during the 2011 session on House Bill 494 and HB 629--both attempts to fix problems that many believe are inherent in the SLRs.

The exemption has been a source of confusion for property owners in some counties and has been interpreted differently by different jurisdictions, prompting a request by the Missoula county attorney for a state attorney general opinion. In January, the attorney general issued an opinion providing, in part, that:

The provision of Mont. Code Ann. § 76-3-204 exempting from subdivision review the “sale, rent, lease, or other conveyance of one or more parts of a building, structure, or other improvement, whether existing or proposed” does not apply to the construction or conveyance of more than one building, structure or improvement on a single tract of record.

Read Full Update Here

Leanne Kurtz | 406-444-3064 | lekurtz@mt.gov