SB 161 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 161	MT	2021	R	Deadlines, Density Increases, Environmental review, Lot Size Requirements, Other streamlining, Planning Requirements, Streamline application, Written findings, burden and standard of proof

Provided by Furman

Summary

This act revises subdivision laws. It allows for expedited review for subdivisions that meet certain requirements.
A subdivision qualifies for this expedited review process if the proposed subdivision is within an incorporated city or town or consolidated city-county government and is subject to an adopted growth policy and adopted zoning regulations. Alternatively, proposed subdivisions that are within a county water and/or sewer district that provides both water and sewer services and is subject to an adopted growth policy, zoning regulations, and use standards, as well as complying with zoning regulations without needing a variance and providing for public infrastructure in accordance with adopted ordinances and regulations in the subdivision application.
It allows a county to adopt expedited review provisions. The act also requires the local government to hold a hearing to approve or deny a subdivision application for expedited review – however, the governing body must approve the application unless public comment or other information demonstrates that the subdivision application doesn’t meet the requirements for expedited review.
It also clarifies that an aggrieved applicant may bring action to challenge the approval, imposition of conditions, or denial of a preliminary plat and actions taken on a final plat within 180 days, but an otherwise aggrieved person must act within 30 days from the date of the written decision.

Provided by lawmakers