76-3-616. Exemption for certain subdivisions. - Montana Statutes

     76-3-616. Exemption for certain subdivisions. (1) A subdivision that meets the criteria in subsection (2) is exempt from the following requirements:
     (a) preparation of an environmental assessment as required by 76-3-603;
     (b) a public hearing on the subdivision application pursuant to 76-3-605; and
     (c) review of the subdivision for the criteria listed in 76-3-608(3)(a).
     (2) To qualify for the exemptions in subsection (1), a subdivision must meet the following criteria:
     (a) the proposed subdivision is entirely within an area inside or adjacent to an incorporated city or town where the governing body has adopted a growth policy that includes the provisions of 76-1-601(4)(c);
     (b) the proposed subdivision is entirely within an area subject to zoning adopted pursuant to 76-2-203 or 76-2-304 that avoids, significantly reduces, or mitigates adverse impacts identified in a growth policy that includes the provisions of 76-1-601(4)(c); and
     (c) the subdivision proposal includes a description of future public facilities and services, using maps and text, that are necessary to efficiently serve the projected development.

     History: En. Sec. 4, Ch. 455, L. 2007.