What Are Subdivision Exemptions?
State statute identifies a set of divisions of land that are entirely exempt from subdivision review and surveying requirements. This includes divisions such as the creation of cemetery lots, the division of land for agricultural purposes, certain condominium developments, etc.
There is another set of land divisions that are exempt from subdivision review, but are subject to survey requirements. The local government must certify that the use of these exemptions is proper, and that the exemption is not being used to evade the Butte-Silver Bow Subdivision Regulations and/or the Montana Subdivision and Platting Act. These exemptions include:
- Divisions made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties.
- Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each county to each member of the landowner's immediate family.
- Divisions made outside of platted subdivisions by gift, sale, or agreement to buy and sell in which the parties to the transaction enter a covenant running with the land and revocable only by mutual consent of the governing body and the property owner that the divided land will be used exclusively for agricultural purposes.
- For five or fewer lots within a platted subdivision, the relocation of common boundaries;
- Divisions made for the purpose of relocating a common boundary line between a sing lot with a platted subdivision and adjoining land outside a platted subdivision. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas.
- Aggregation of parcels or lots when a certificate of survey or subdivision plat shows that the boundaries of the original parcels have been eliminated and the boundaries of a larger aggregate parcel are established. A restriction or requirement on the original platted lot or original unplatted parcel continues to apply to those areas.
For more information or assistance, contact the Planning Department.