What are Subdivision Exemptions?
Exemptions from Subdivision Review Under the Montana Subdivision and Platting Ac
The MSPA provides that some divisions of land are exempt from the local review requirements of MSPA. In these cases, the circumstances resulting in the creation of a tract or parcel are not considered to have a significant impact that would trigger the need for comprehensive review of the division. In some instances, neither review Montana Municipal Officials Handbook 189
nor recordation of a survey is required for a parcel’s creation; in other instances, a certificate of survey (COS) is still required to be filed. The following divisions are exempt from both the surveying and review requirements of the MSPA, although many times the owner or a lender voluntarily obtain a survey of the newly created lot or lots:
• Court‐OrderedDivisions 76‐3-201,MCA
• Mortgage Security 76‐3-201, MCA (no tract of record is created unless and until foreclosure occurs)
• Severing Minerals 76-3-201, MCA
• Cemetery Lots 76-3-201, MCA
• ReservationofLifeEstate 76‐3-201,MCA
• Agricultural Lease 76-3-201, MCA
• No State Jurisdiction (such asfederal, tribal lands) 76‐3‐201, MCA
• Public Rights of Way andUtilities 76-3‐201,MCA
• Condominiums 76-3-203, MCA
• Airport and State-owned Lands 76-3-205, MCA
• Conveyances Priorto July 1, 1974 76-3‐206,MCA
• LandsAcquired forstate highways 76‐3‐209,MCA
The following divisions are exempt from local review under the MSPA but must be surveyed:
• Relocation of Common Boundaries Outside a Platted Subdivision 76-3‐207(1)(a), MCA
• Gift or Sale to Immediate Family 76-3-207(1)(b),MCA
• Divisions of Land Proposed for Agricultural Use Only 76-3‐207(1)(c), MCA
• Relocation of Common Boundaries Within Platted Subdivisions (up to five lots/lines) 76‐3-
207(1)(d), MCA
• Relocation of Common Boundaries Within and Outside of Platted Subdivisions (amended plat/COS),
76-3-207(1)(e), MCA
• Aggregation of Lots 76-3-207(1)(f), MCA
nor recordation of a survey is required for a parcel’s creation; in other instances, a certificate of survey (COS) is still required to be filed. The following divisions are exempt from both the surveying and review requirements of the MSPA, although many times the owner or a lender voluntarily obtain a survey of the newly created lot or lots:
• Court‐OrderedDivisions 76‐3-201,MCA
• Mortgage Security 76‐3-201, MCA (no tract of record is created unless and until foreclosure occurs)
• Severing Minerals 76-3-201, MCA
• Cemetery Lots 76-3-201, MCA
• ReservationofLifeEstate 76‐3-201,MCA
• Agricultural Lease 76-3-201, MCA
• No State Jurisdiction (such asfederal, tribal lands) 76‐3‐201, MCA
• Public Rights of Way andUtilities 76-3‐201,MCA
• Condominiums 76-3-203, MCA
• Airport and State-owned Lands 76-3-205, MCA
• Conveyances Priorto July 1, 1974 76-3‐206,MCA
• LandsAcquired forstate highways 76‐3‐209,MCA
The following divisions are exempt from local review under the MSPA but must be surveyed:
• Relocation of Common Boundaries Outside a Platted Subdivision 76-3‐207(1)(a), MCA
• Gift or Sale to Immediate Family 76-3-207(1)(b),MCA
• Divisions of Land Proposed for Agricultural Use Only 76-3‐207(1)(c), MCA
• Relocation of Common Boundaries Within Platted Subdivisions (up to five lots/lines) 76‐3-
207(1)(d), MCA
• Relocation of Common Boundaries Within and Outside of Platted Subdivisions (amended plat/COS),
76-3-207(1)(e), MCA
• Aggregation of Lots 76-3-207(1)(f), MCA