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State Land Use Enacted Legislation

Bill # State Year Party Topic

SB 174

MT 2021 R Streamline application, Written findings, burden and standard of proof

Provided by Furman

Summary

  • This act revises laws related to the review and approval of a subdivision. It provides additional clarification of the conditions for subdivision approval.
  • Any action that is not specifically prohibited in the conditions of subdivision approval is specifically allowed or is otherwise subject to additional restrictions that may be provided in the governing documents of the subdivision and applicable zoning regulations.
  • If a local government has historically interpreted and enforced or chosen not to enforce a condition of subdivision approval to the benefit of a parcel owner, the local government may not undertake a different interpretation or enforcement action against a similarly situated parcel owner in the same subdivision
  • If the governing body conditionally approves the proposed subdivision, each condition required for subdivision approval must identify a specific, documentable, and clearly defined purpose or objective that forms the basis for the condition.

Provided by lawmakers

Bill Title

Revise laws related to local subdivision review

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