What are Minor Subdivisions?
Minor Subdivisions in Montana: Definitions, Review Process, and Regulatory Pathways
Minor subdivisions, as defined by statute, are subdivisions that create five (5) or fewer lots from a tract of record 76‐3-103(9), MCA. In order to qualify for review as a minor subdivision, the parent tract must not have six or more parcels created through subdivision or use of an exemption since July 1, 1973, including the currently proposed division. First minor subdivision. If the tract of record proposed to be subdivided has not been previously subdivided and
was not created by a subdivision under the MSPA, the subdivision is considered a ‘first minor subdivision.’ First minor subdivisions are reviewed subject to the local regulations adopted pursuant to 76-3‐504 MCA by the governing body; however, first minor subdivisions have a shorter review timeframe and are not required to prepare an environmental assessment. First minor subdivisions must still provide a summary of probable impacts based on the 76‐3-608(3) MCA review criteria found in statute, unless the proposed first minor subdivision is located in a jurisdictional area that has adopted zoning regulations that address the applicable -608 criteria. The governing body may not hold a public hearing on a proposed first minor subdivision as part of the review process. The governing body may adopt requirements for the expedited review of a first minor subdivision, following the requirements set forth in statute under 76-3‐609(2)(f), MCA. Subsequent minor subdivision. When a minor subdivision is proposed on a parcel that has been previously subdivided or was created through a previous subdivision or exemption under the MSPA, it can no longer be considered a ‘first minor’ subdivision and is referred to as a subsequent minor. Subsequent minors 8. Land Use and Planning Law in Montana 190 are reviewed as major subdivisions pursuant to statute, unless the local governing body has adopted regulations identifying specific requirements for review of subsequent minors, 76‐3-609(4), MCA. These alternative requirements must meet or exceed the review requirements that apply to first minor subdivisions.
was not created by a subdivision under the MSPA, the subdivision is considered a ‘first minor subdivision.’ First minor subdivisions are reviewed subject to the local regulations adopted pursuant to 76-3‐504 MCA by the governing body; however, first minor subdivisions have a shorter review timeframe and are not required to prepare an environmental assessment. First minor subdivisions must still provide a summary of probable impacts based on the 76‐3-608(3) MCA review criteria found in statute, unless the proposed first minor subdivision is located in a jurisdictional area that has adopted zoning regulations that address the applicable -608 criteria. The governing body may not hold a public hearing on a proposed first minor subdivision as part of the review process. The governing body may adopt requirements for the expedited review of a first minor subdivision, following the requirements set forth in statute under 76-3‐609(2)(f), MCA. Subsequent minor subdivision. When a minor subdivision is proposed on a parcel that has been previously subdivided or was created through a previous subdivision or exemption under the MSPA, it can no longer be considered a ‘first minor’ subdivision and is referred to as a subsequent minor. Subsequent minors 8. Land Use and Planning Law in Montana 190 are reviewed as major subdivisions pursuant to statute, unless the local governing body has adopted regulations identifying specific requirements for review of subsequent minors, 76‐3-609(4), MCA. These alternative requirements must meet or exceed the review requirements that apply to first minor subdivisions.