Title 17 SUBDIVISIONS*
Chapter 17.04 GENERAL PROVISIONS
17.04.060 Exempted from review but subject to survey requirements.
A. Except as provided in subsection B of this section, unless
the method of disposition is adopted for the purpose of evading these
regulations, the following divisions of land are not under these regulations,
but are subject to surveying requirements of Montana Statute 76-3-401,
MCA.
1. Divisions made outside of a platted subdivision for the
purpose of relocation of common boundary lines between adjoining
properties;
2. Divisions made outside of a platted subdivision for the
purpose of a single gift or sale in each county to each member of the
landowner’s immediate family;
3. 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
city and the property owner that the divided land will be used exclusively for
agricultural purposes;
4. Relocation of common boundaries and the aggregation of
five or fewer lots within a platted subdivision;
5. Divisions made for the purpose of relocating a common
boundary line between a single lot within a platted subdivision and adjoining
land outside a platted subdivision. Any restriction or requirements on the
original platted lot or original unplatted parcel continue to apply to those
areas.
B. Notwithstanding the provisions of subsection A of this
section:
1. Within a platted subdivision filed with the county clerk
and recorder, any division of lots which re-sults in an increase in the number
of lots or which redesigns or rearranges six or more lots must be reviewed and
approved by the city council and an amended plat must be filed with the county
clerk and recorder;
2. Any change in use of the land exempted under subsection
(A)(3) of this section for anything other than agricultural purposes subjects
the division to the provisions of this title. (Ord. 588 § 1(part),
1996)