A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA REQUESTING AN INTERIM STUDY TO LOOK AT THE SUBDIVISION REVIEW PROCESS; AND REQUIRING THAT THE FINAL RESULTS OF THE STUDY BE REPORTED TO THE 60TH LEGISLATURE.

WHEREAS, the Montana Subdivision and Platting Act was enacted by the Montana Legislature in 1973; and

WHEREAS, since its enactment, the Montana Legislature has adopted numerous amendments to the Montana Subdivision and Platting Act and yet procedural and substantive issues continue to emerge; and

WHEREAS, acting under House Joint Resolution No. 37 from the 2003 Legislative Session, the Education and Local Government Interim Committee, working with a broad-based group of affected and interested parties, was able to reach consensus regarding many subdivision review process issues, resulting in the introduction of Senate Bill No. 116 in the 2005 Legislative Session; and

WHEREAS, members of the Education and Local Government Interim Committee, as well as the citizens involved in the interim study, realize that many substantive issues remain regarding subdivision review and especially its appropriate role in and interplay with local land use planning and regulation.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That the Legislative Council be requested to designate an appropriate interim committee, pursuant to section 5-5-217, MCA, or direct sufficient staff resources to review all relevant portions of the Montana Subdivision and Platting Act and the Act's appropriate role in and interplay with local government land use planning and regulation, including but not limited to:

(1) a review of the definitions of "division of land" and "subdivision" in Title 76, chapter 3, MCA;

(2) a review of the exemptions to subdivision review in Title 76, chapter 3, MCA; and

(3) the need to clarify the intent of the Legislature in determining when a subdivision review is required.

BE IT FURTHER RESOLVED, that if the study is assigned to staff, any findings or conclusions be presented to and reviewed by an appropriate committee designated by the Legislative Council.

BE IT FURTHER RESOLVED, that all aspects of the study, including presentation and review requirements, be concluded prior to September 15, 2006.

BE IT FURTHER RESOLVED, that the final results of the study, including any findings, conclusions, comments, or recommendations of the appropriate committee, be reported to the 60th Legislature.

- END -

I hereby certify that the within joint resolution,

SJ 0011, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE JOINT RESOLUTION NO. 11

INTRODUCED BY LAIBLE

A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA REQUESTING AN INTERIM STUDY TO LOOK AT THE SUBDIVISION REVIEW PROCESS; AND REQUIRING THAT THE FINAL RESULTS OF THE STUDY BE REPORTED TO THE 60TH LEGISLATURE.