Montana 2023 Regular Session

Montana Senate Bill SB152

Introduced
1/10/23  
Refer
1/11/23  
Engrossed
1/23/23  
Refer
2/17/23  
Enrolled
4/11/23  

Caption

Revise minor subdivision laws

Impact

If enacted, SB152 will have a significant impact on local land-use regulations by potentially expediting the approval process for minor subdivisions. The bill allows for the governing body to create regulations for expedited review and removes certain requirements, such as environmental assessments for the first minor subdivisions. Modifications in this area of law may lead to increased property development without lengthy bureaucratic delays, thus potentially impacting community planning and infrastructure as well.

Summary

Senate Bill 152 seeks to amend Montana's regulations regarding minor subdivisions by removing the exemption for divisions created after 1973 when determining if a tract of record qualifies as a minor subdivision. This change aims to streamline the review and approval process for minor subdivisions, subject to local regulations for the first minor subdivision from a tract. The bill stipulates that as long as legal and physical access to all lots is provided, the governing body must make a decision—approve, conditionally approve, or deny—within 35 working days of a sufficient application.

Sentiment

The sentiment surrounding SB152 appears to be supportive among proponents who argue that removing outdated regulations is crucial for fostering economic growth and ease of development. However, local government representatives and some community members may express concerns that such changes could undermine local control over land-use decisions and diminish the ability of communities to manage growth according to their specific needs and contexts. The balance between development facilitation and local governance remains a pivotal point of discussion.

Contention

A notable point of contention in discussions around SB152 is whether the expedited approval process will compromise critical assessments that protect local environmental and community interests. Critics argue that by forgoing thorough reviews, municipalities may face consequences such as inadequate infrastructure or diminished quality of life, while proponents suggest that the streamlined process could invigorate housing markets and reduce red tape for developers.

Companion Bills

No companion bills found.

Previously Filed As

MT SB170

Allow for administrative minor subdivision process

MT SB285

Revise subdivision sanitation laws

MT HB681

Revise subdivision regulation laws involving determination of water availability

MT HB211

Revise the local subdivision review process

MT SB486

Revise subdivision laws related to glamping

MT SB477

Revise subdivision family transfer laws

MT HB714

Revise laws for divisions of land exempt from subdivision review

MT SB131

Revise exempt subdivision review timelines

MT SB174

Providing that recreational vehicles and mobile homes are reviewed as buildings for rent or lease

MT SB553

Generally revise state policy laws

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