What is the Review Process and Timelines for Subdivision applications?
Subdivision Application Review in Montana: Timelines, Procedures, and Compliance Under the MSPA
While the subdivision application process typically begins with a pre-application meeting, timelines specific to the review and approval of a proposed subdivision begin with the submittal of a completed application and supplemental materials. An application is considered formally submitted when the governing body and/or their designated reviewing agent receives the application materials and the associated fee; the governing body may establish a reasonable fee to be paid by the subdivider to cover the cost of reviewing a subdivision application, 76-3-602, MCA. The first step in the review process following application submittal is typically referred to as ‘completeness’ or ‘element’ review, and is detailed under 76-3-604(1 (b), MCA. Within five (5) working days of receipt of a subdivision application, the reviewing agent determines whether or not the application contains all of the listed, required materials as required under 76‐3-504(1)(a), MCA, and pursuant to the local regulations adopted. If the
application contains all materials required, it is deemed complete; if materials are missing, the reviewing agent notifies the applicant in writing, identifying which elements are still needed in order to review the subdivision. Following a determination of completeness, an application then moves into the second step, referred to as ‘sufficiency’ review, 76-3‐604(2), MCA. The reviewing agent is allowed fifteen (15) working days from the date of the determination of completeness to make a subsequent determination that the application materials contain detailed, supporting information sufficient to allow for the review of the application in its entirety. If the reviewing agent determines the materials provided are sufficient, they will notify the applicant in writing. If additional information is required in order to make a determination of sufficiency, the reviewing agent will similarly notify the applicant of these additional requirements, identifying what information is necessary in order for the application to be deemed sufficient. A determination of sufficiency does not ensure that the proposed subdivision will be approved, or that additional information will not be requested by the governing body or reviewing agent during the review process pursuant to 76-3-604(2)(c), MCA. Once an application has been determined to be sufficient, the official review timeline begins, 76-3-604(4), MCA. Review timelines differ between major and minor subdivisions. For a minor subdivision, the governing body must approve, conditionally approve or deny the subdivision within 35 working days. While a public hearing is not permitted for minor subdivisions, this 35 working day timeframe includes the reviewing agent’s evaluation of the proposed subdivision, preparation of the written report, findings and recommendation, as well as consideration
Montana Municipal Officials Handbook 191 of and decision by the governing body. For major subdivisions, the governing body is required to approve, conditionally approve or deny a proposed subdivision within 60 working days if the subdivision contains fewer than fifty (50) lots, and within 80 working days if the subdivision has fifty (50) or more lots. At least one public hearing is required within these timeframes, for public review and consideration of the major subdivision application. Pursuant to 763-504(1)(r), MCA, the governing body is required to notify the applicant in writing within thirty (30) working days following the decision to approve, conditionally approve or deny the subdivision application. If the governing body fails to comply with the review timeframes provided under statute, the governing body will be responsible to pay the subdivider a financial penalty of $50/lot per month, until the governing body makes a decision on the application, and not to exceed the total amount of the subdivision review fee collected. The subdivider and the governing body may, at any time, mutually agree to an extension or suspension of the review timeframes allotted, not to exceed one (1) year.
application contains all materials required, it is deemed complete; if materials are missing, the reviewing agent notifies the applicant in writing, identifying which elements are still needed in order to review the subdivision. Following a determination of completeness, an application then moves into the second step, referred to as ‘sufficiency’ review, 76-3‐604(2), MCA. The reviewing agent is allowed fifteen (15) working days from the date of the determination of completeness to make a subsequent determination that the application materials contain detailed, supporting information sufficient to allow for the review of the application in its entirety. If the reviewing agent determines the materials provided are sufficient, they will notify the applicant in writing. If additional information is required in order to make a determination of sufficiency, the reviewing agent will similarly notify the applicant of these additional requirements, identifying what information is necessary in order for the application to be deemed sufficient. A determination of sufficiency does not ensure that the proposed subdivision will be approved, or that additional information will not be requested by the governing body or reviewing agent during the review process pursuant to 76-3-604(2)(c), MCA. Once an application has been determined to be sufficient, the official review timeline begins, 76-3-604(4), MCA. Review timelines differ between major and minor subdivisions. For a minor subdivision, the governing body must approve, conditionally approve or deny the subdivision within 35 working days. While a public hearing is not permitted for minor subdivisions, this 35 working day timeframe includes the reviewing agent’s evaluation of the proposed subdivision, preparation of the written report, findings and recommendation, as well as consideration
Montana Municipal Officials Handbook 191 of and decision by the governing body. For major subdivisions, the governing body is required to approve, conditionally approve or deny a proposed subdivision within 60 working days if the subdivision contains fewer than fifty (50) lots, and within 80 working days if the subdivision has fifty (50) or more lots. At least one public hearing is required within these timeframes, for public review and consideration of the major subdivision application. Pursuant to 763-504(1)(r), MCA, the governing body is required to notify the applicant in writing within thirty (30) working days following the decision to approve, conditionally approve or deny the subdivision application. If the governing body fails to comply with the review timeframes provided under statute, the governing body will be responsible to pay the subdivider a financial penalty of $50/lot per month, until the governing body makes a decision on the application, and not to exceed the total amount of the subdivision review fee collected. The subdivider and the governing body may, at any time, mutually agree to an extension or suspension of the review timeframes allotted, not to exceed one (1) year.