Montana Code 76-3-615. Subsequent hearings — consideration of new information — requirements for regulations
76-3-615. Subsequent hearings — consideration of new information — requirements for regulations. (1) The regulations adopted pursuant to 76-3-504(1)(o) must comply with the provisions of this section.
Terms Used In Montana Code 76-3-615
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Governing body: means a board of county commissioners or the governing authority of a city or town organized pursuant to law. See Montana Code 76-3-103
- 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
(2)The governing body shall determine whether public comments or other information presented to the governing body at a hearing held pursuant to 76-3-605 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.
(3)If the governing body determines that the information presented to the governing body constitutes the information described in subsection (2), the governing body may:
(a)approve, conditionally approve, or deny the proposed subdivision without basing its decision on the new information if the governing body determines that the new information is either irrelevant or not credible or the change to the design of the subdivision does not substantially impact the analysis of potentially significant adverse impacts; or
(b)schedule or direct its agent or agency to schedule a subsequent public hearing for consideration of only the new information, including a substantial change to the design of the subdivision for purposes of considering its findings of fact and conclusions and any proposed conditions of approval in light of the new information that the governing body will rely on in making its decision on the proposed subdivision.
(4)If a public hearing is held as provided in subsection (3)(b), the 60-working-day review period required in 76-3-604(4) is suspended and the new hearing must be noticed and held within 45 days of the governing body’s determination to schedule a new hearing. After the new hearing, the 60-working-day time limit resumes at the governing body’s next scheduled public meeting for which proper notice for the public hearing on the subdivision application can be provided. The governing body may not consider any information regarding the subdivision application that is presented after the hearing when making its decision to approve, conditionally approve, or deny the proposed subdivision.