What are Local Subdivision Regulations?
Local Subdivision Regulations: Authority, Process, and Standards Under the MSPA
The MSPA requires every municipality to adopt, administer and enforce local subdivision regulations for its respective jurisdiction. Relying on the MSPA generally or another jurisdiction’s adopted regulations does not meet the intent or requirement of statute. In adopting local regulations, the governing body must first hold a public hearing to provide members of the public an opportunity to review and comment on the proposed regulations.
Notice of the hearing must be published in a newspaper of general circulation, not less than 15 or more than 30 days prior to the hearing. The MSPA sets forth a detailed list of what elements are required to be incorporated within local subdivision regulations; these requirements are set forth under 76-3‐504(1), MCA and generally pertain to application contents and format, review timelines, design standards to be met, environmental considerations, the administration of
open space requirements, water use and agreements, growth policy compliance, agency coordination and pre-application process, and criteria and design guidelines pertinent to the review of land for rent or lease. In developing local subdivision regulations, the governing body of a jurisdiction is encouraged to establish standards and guidelines that reflect local growth and development desires of the community while also protecting public health, safety, and welfare. Local regulations are not permitted to be more stringent than the state regulations or guidelines when addressing the same circumstances, 76‐3‐511(1), MCA. However, a governing body may adopt more stringent regulations if the governing body makes a written finding, after a public hearing and public comment has been taken, and based on evidence within the public record, that the proposed regulation or guideline is necessary to protect public health and safety, or can mitigate harm to the public health or environment and is achievable under current technology, 76-3-511(2), MCA.
Notice of the hearing must be published in a newspaper of general circulation, not less than 15 or more than 30 days prior to the hearing. The MSPA sets forth a detailed list of what elements are required to be incorporated within local subdivision regulations; these requirements are set forth under 76-3‐504(1), MCA and generally pertain to application contents and format, review timelines, design standards to be met, environmental considerations, the administration of
open space requirements, water use and agreements, growth policy compliance, agency coordination and pre-application process, and criteria and design guidelines pertinent to the review of land for rent or lease. In developing local subdivision regulations, the governing body of a jurisdiction is encouraged to establish standards and guidelines that reflect local growth and development desires of the community while also protecting public health, safety, and welfare. Local regulations are not permitted to be more stringent than the state regulations or guidelines when addressing the same circumstances, 76‐3‐511(1), MCA. However, a governing body may adopt more stringent regulations if the governing body makes a written finding, after a public hearing and public comment has been taken, and based on evidence within the public record, that the proposed regulation or guideline is necessary to protect public health and safety, or can mitigate harm to the public health or environment and is achievable under current technology, 76-3-511(2), MCA.