HOUSE BILL NO. 340
INTRODUCED BY C. YOUNKIN
AN ACT REVISING THE PROVISIONS GOVERNING THE CONTENTS OF LOCAL SUBDIVISION REGULATIONS; REQUIRING THE SUBDIVIDER TO RESERVE WATER RIGHTS OR ESTABLISH A LANDOWNER'S WATER USE AGREEMENT FOR CERTAIN SUBDIVISIONS; ESTABLISHING MINIMUM WIDTH REQUIREMENTS FOR DITCH EASEMENTS IN SUBDIVISIONS; PROHIBITING PLACEMENT OF STRUCTURES OR PLANTING OF VEGETATION WITHIN DITCH EASEMENTS WITHOUT PERMISSION; REQUIRING THE SUBDIVIDER TO SHOW UTILITY EASEMENTS OF SUFFICIENT WIDTH TO PROVIDE UTILITY SERVICES ON THE FINAL PLAT; AND AMENDING SECTION 76-3-504, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 76-3-504, MCA, is amended to read:
"76-3-504. Minimum requirements for subdivision Subdivision
regulations -- contents. The subdivision regulations adopted under this
chapter must, at a minimum:
(1)(1) except as provided in 76-3-210 or 76-3-609(3), require the
subdivider to submit to the governing body an environmental assessment as
prescribed in 76-3-603;
(2)(2) establish procedures consistent with this chapter for the submission
and review of subdivision plats;
(3)(3) prescribe the form and contents of preliminary plats and the
documents to accompany final plats;
(4)(4) provide for the identification of areas that, because of natural or
human-caused hazards, are unsuitable for subdivision development and
prohibit subdivisions in these areas unless the hazards can be eliminated or
overcome by approved construction techniques;
(5)(5) prohibit subdivisions for building purposes in areas located within
the floodway of a flood of 100-year frequency, as defined by Title 76, chapter
5, or determined to be subject to flooding by the governing body;
(6)(6) prescribe standards for:
(a)(a) the design and arrangement of lots, streets, and roads;
(b)(b) grading and drainage;
(c)(c) subject to the provisions of 76-3-511, water supply and sewage and
solid waste disposal that, at a minimum, meet the regulations adopted by the
department of environmental quality under 76-4-104;
(d)(d) the location and installation of utilities;
(7)(7) provide procedures for the administration of the park and
open-space requirements of this chapter;
(8)(8) provide for the review of preliminary plats by affected public
utilities and those agencies of local, state, and federal government having a
substantial interest in a proposed subdivision. A utility or agency review may
not delay the governing body's action on the plat beyond the time limits
specified in this chapter, and the failure of any agency to complete a review of
a plat may not be a basis for rejection of the plat by the governing body.
(9) when a subdivision creates parcels with lot sizes averaging less than 5 acres, require the subdivider to:
(a) reserve all or a portion of the appropriation water rights owned by the owner of the land to be subdivided and transfer the water rights to a single entity for use by landowners within the subdivision who have a legal right to the water and reserve and sever any remaining surface water rights from the land;
(b) if the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement administered through a single entity that specifies administration and the rights and responsibilities of landowners within the subdivision who have a legal right and access to the water; or
(c) reserve and sever all surface water rights from the land;
(9)(10) except as provided in this subsection, require the subdivider to
establish ditch easements in the subdivision, that are in locations of
appropriate topographic characteristics and sufficient width, to allow the
physical placement and unobstructed maintenance of open ditches or
belowground pipelines for the delivery of water for irrigation to persons and
lands legally entitled to the water under an appropriated water right or permit
of an irrigation district or other private or public entity formed to provide for
the use of the water right on the subdivision lots; are a sufficient distance
from the centerline of the ditch to allow for construction, repair, maintenance,
and inspection of the ditch; and prohibit the placement of structures or the
planting of vegetation other than grass within the ditch easement without the
written permission of the ditch owner. Establishment of easements pursuant
to this subsection (9) is not required if:
(a)(a) the average lot size is 1 acre or less and the subdivider provides for
disclosure, in a manner acceptable to the governing body, that adequately
notifies potential buyers of lots that are classified as irrigated land and may
continue to be assessed for irrigation water delivery even though the water
may not be deliverable; or
(b)(b) the water rights are removed or the process has been initiated to
remove the water rights from the subdivided land through an appropriate legal
or administrative process and if the removal or intended removal is denoted
on the preliminary plat. If removal of water rights is not complete upon filing
of the final plat, the subdivider shall provide written notification to
prospective buyers of the intent to remove the water right and shall document
that intent, when applicable, in agreements and legal documents for related
sales transactions.
(10)(11) require the subdivider, unless otherwise provided for under
separate written agreement or filed easement, to file and record ditch
easements for unobstructed use and maintenance of existing water delivery
ditches, pipelines, and facilities in the subdivision that are necessary to
convey water through the subdivision to lands adjacent to or beyond the
subdivision boundaries in quantities and in a manner that are consistent with
historic and legal rights.;
(12) require the subdivider to describe, dimension, and show utility easements in the subdivision on the final plat in their true and correct location. The utility easements must be of sufficient width to allow the physical placement and unobstructed maintenance of utility facilities for the provision of utility services within the subdivision."
- END -
Latest Version of HB 340 (HB0340.ENR)
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