Subdivisions are regulated under the Montana Subdivision and Platting Act, Title 76, chapter 3, MCA., and under local Subdivision Regulations. Review of subdivisions is done locally by a part-time planner and a 10 member county planning board. The State Department of Environmental Quality (DEQ) reviews subdivisions under Title 76, Chapter 4, MCA.
- Table of Contents
- Section I – General Provisions
- Section II – General Procedures
- Section III – Review and Approval Procedures for Major Subdivisions
- Section IV- Review Procedures for Minor Subdivisions
- Section V- Design and Improvement Standards
- Section VI- Land Subdivisions Created by Rent of Lease and Condominiums
- Section VII- Planned Unit Developments
- Section VIII- Administrative Provisions
- Section IX- Divisions of Land Exempt from Subdivision Review
- Appendix A – Plan and Plat Application Requirements
- Appendix B – Application for Subdivision
- Appendix C – Environmental Assessment
- Appendix D – Sample forms and Certificates
- Appendix E – Application for Exemption from Subdivision
- Appendix F – Uniform Standards for Monumentation, Certificates of Survey, and Final Plats
- Appendix G – Subdivision Improvement Guarantees
- Appendix H – Standards for Flood Hazard Evaluation
- Appendix I – Model Road Access Easement
- Appendix J – First Minor Summary of Probable Impacts
- Appendix K – Definitions
- Appendix L – Certificate of Dedication for Public Roads
WHAT IS A SUBDIVISION?
If you create one or more parcels under 160s in size for SALE, RENT, or LEASE then you are subdividing land and are subject to subdivision review. State DEQ review is required on all parcels under 20 acres
ARE THERE ANY EXCEPTIONS TO THIS DEFINITION?
Yes, there are some property splits that are exempt from review, such as the family conveyance and agricultural exemptions. There are some restrictions on the use of exemptions. Some exemptions are still subject to DEQ review.
HOW DO I GO ABOUT SUBDIVIDING PROPERTY I CARBON COUNTY?
First, set up an informal meeting with the local subdivision administrator or planning director to discuss your plans. Bring a sketch map of the project, and have a legal description handy.
Second, contact a certified land surveyor to prepare a survey.
Third, depending on the complexity of the project, it is recommended that you contact a professional engineer familiar with preparing Subdivision applications.
Generally, there are two (2) steps, one being local subdivision review and the other being DEQ sanitary review. DEQ review is required on all lots or tracts less than 20 acres in size. Local subdivision review is required on all lots or tracts less than 160 acres in size.
ARE THERE DIFFERENT TYPES SUBDIVISIONS?
Yes, Minor subdivisions have 5 or fewer lots. Major subdivisions have 6 or more lots.
HOW ARE SUBDIVISION APPLICATION REVIEWED?
Depending on the type of the subdivision, complete applications are reviewed by the planning office and the Carbon County Planning Board. Recommendations are made to the County Commissioners who has final authority to approve, conditionally approve, or deny the application.
Subdivisions are reviewed for compliance with:
- The adopted County Growth Policy;
- Local Subdivision Regulations;
- The Montana Subdivision and Platting Act
WHAT REGULATIONS APPLY TO SUBDIVIDING PROPERTY?
Generally, there are two (2) separate regulations:
- Local Subdivision review by local planning boards, planning departments, and elected officials;
- Sanitary review by the Montana Department of Environmental Quality.
HOW LONG DOES IT TAKE TO GET A SUBDIVISION APPROVED?
This depends on the type of subdivision, but generally speaking, you should count on several months, especially for Sanitary Review, by the Montana DEQ.
DO I NEED TO HIRE A SURVEYOR?
Yes, subdivisions must be surveyed.
HOW MUCH ARE REVIEW FEES?
This depends on the type and size of the subdivision. Check with the planning office for a fee schedule. State DEQ sanitary review also depends on the type and size of the subdivision but generally the cost is about $250.00 per lot.Check with the planning office or DEQ for their fee schedule.
DO I HAVE TO BUILD A ROAD?
You must provide LEGAL and PHYSICAL access to each subdivision lot. Legal access would consist of an easement, right-of-way, or direct access to a public road. Physical access is the actual road which must be constructed to minimum county standards.