HB 211

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
HB 211	MT	2023	R	Streamline hearings, Written findings, burden and standard of proof

Provided by Furman

Summary

This act revises the local subdivision review procedure, including the information a governing body may consider when determining if subsequent hearings are required for a subdivision application, the requirements for a phased subdivision, the timelines and amended conditions of a final plat approval, and the expedited subdivision process.
When determining if subsequent hearings are required for a subdivision application, governing bodies may now only hold subsequent hearings if it receives information that constitutes relevant, new information regarding a subdivision application or a substantial change to the design of the subdivision that has never been submitted as evidence or considered by either the governing body or its agent or agency and has a substantial effect on the governing body’s consideration of the application.
For any phase of the approved subdivision submitted for final plat approval more than 5 years after the date of preliminary approval of the subdivision, the subdivider shall provide written notice to the governing body not more than 1 year or less than 90 calendar days in advance of submitting the final plat application.
The governing body may amend or impose additional conditions of approval only if it determines that the existing conditions of approval are inadequate to mitigate the potentially significant adverse impacts identified during the original review based on changed circumstances.
The act also adds subdivision applications in an area outside the boundaries of an incorporated city, town, county, or consolidated city-county that is served by city, town, county, or consolidated city-county water and sewer services to those eligible for expedited review.
It also removes the requirement from 76-3-623 that proposed subdivisions seeking expediting review not require any variances or deviations from subdivision regulations.

Provided by lawmakers