76-3-102. Statement of purpose. It is the purpose of this chapter to:

Terms Used In Montana Code 76-3-102

  • Certificate of survey: means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations. See Montana Code 76-3-103
  • Cluster development: means a subdivision with lots clustered in a group of five or more lots that is designed to concentrate building sites on smaller lots in order to reduce capital and maintenance costs for infrastructure through the use of concentrated public services and utilities, while allowing other lands to remain undeveloped. See Montana Code 76-3-103
  • Plat: means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. See Montana Code 76-3-103
  • Property: means real and personal property. See Montana Code 1-1-205
  • Subdivision: means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. See Montana Code 76-3-103

(1)promote the public health, safety, and general welfare by regulating the subdivision of land;

(2)prevent overcrowding of land;

(3)lessen congestion in the streets and highways;

(4)provide for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public requirements;

(5)require development in harmony with the natural environment;

(6)promote preservation of open space;

(7)promote cluster development approaches that minimize costs to local citizens and that promote effective and efficient provision of public services;

(8)protect the rights of property owners;

(9)require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey; and

(10)provide for phased developments.