Subdivisions & Subdivision Exemptions
What is a Subdivision?
Subdivision is the division of land that creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways. Land is subdivided so that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed. The term subdivision includes resubdivision, as well as some condominium projects, or land used to provide multiple spaces for recreational camping vehicles or manufactured homes.
What is the Difference Between a Minor and Major Subdivision?
The difference between a minor and major subdivision is the number of lots. A minor subdivision creates five or fewer lots whereas a major subdivision creates six or more lots.
What is the Subdivision Review Process?
A pre-application meeting is required for all Subdivisions. Please click on the link for more information.
Preliminary Plat: After the requirement for pre-application review has been satisfied, the subdivider may submit a preliminary plat application to start the following review process:
Staff/Agency Review - subdivision proposals are reviewed by planning staff for compliance with requirements of the Butte-Silver Bow Subdivision Regulations and Montana Subdivision and Platting Act. Your application will also be routed to the appropriate County, State and Federal agencies for their review.
Public Noticing - the Planning Board and the Governing Body shall each hold a public hearing for Second Minor and Major Subdivisions. The Planning board and the Governing Body shall give notice of the times, dates and locations of the hearings by publication in a newspaper of general circulation in the county not less than 15 days prior to the dates of the hearings. The subdivider, each property owner of record, and each purchaser under contract for deed of the property immediately adjoining the land included in the plat shall be notified of the hearings by certified mail not less than 15 days prior to the date of the hearings by the Planning Board and the Governing Body. The subdivider shall post notices on the site of the proposed subdivision.
Planning Board (create Planning Board as a link) Review - the Planning Board reviews the proposed subdivision at a regularly scheduled meeting and determines whether the proposal is in compliance with applicable plans, policies and regulations. The Planning Board then forwards a recommendation the the Butte-Silver Bow Council of Commissioners.
Butte-Silver Bow Council of Commissioners - the Council bases their decision on applicable public hearings, Planning Board advice and recommendation, and any other information that demonstrates that the preliminary plat complies with applicable plans, policies and regulations.
Preliminary Plat Approval Period - preliminary plat approval period is in force for three (3) years.
Final Plat: After the conditions of preliminary approval and the requirements for the installation of improvements have been satisfied, the subdivider may submit a final plat application.
Regulations and Applications:
The Subdivision Regulations of the Consolidated City-County of Butte-Silver Bow, State of Montana (2009, 204 pgs, pdf).
Preliminary Plat Application
Final Plat Application
For more information or assistance, contact the Planning Department.