Resolution 2016-14, Review Standard for MT Subsivision & Platting Act
It is the intent of the Montana Association of Counties to define the review standard for subdivision approvals.
WHEREAS, in Bitterrooters for Planning, Inc. v. Board of Ravalli County Comm'rs, et al., DV-2013-372/53, Judge Haynes voided the Ravalli County Board of County Commissioner's conditional preliminary plat approval for Legacy Ranch and applied the “Hard Look Standard” as part of his decision; and
WHEREAS, the Montana Subdivision and Platting Act does not require the “Hard Look Standard;” and
WHEREAS, the Montana Subdivision and Platting Act contains review criteria for subdivision approvals; and
WHEREAS, local governments need defined criteria and standards to complete their due diligence in reviewing criteria required by the Montana Subdivision and Platting Act.
NOW, THEREFORE BE IT RESOLVED that the Montana Association of Counties will seek to amend the Montana Subdivision and Platting Act to define the review standard for subdivision approvals.
SPONSOR: Ravalli County
REFERRED TO: MACo Land Use, Planning & Development Committee
ADOPTED: Annual Conference, Billings, MT, September 21, 2016