To All Potential Subdividers from the Board of County Commissioners of Prairie County:

Prairie County adopted subdivision regulations in 1993. The 2005 Montana State Legislature revised the Montana Subdivision and Platting Act through Senate Bill 116. The County has revised their subdivision regulations to be in compliance with changes made to this act, effective October 1, 2006.

Purpose of Subdivision Regulations Prairie County has adopted subdivision regulations to: . promote the public health, safety, and general welfare by regulating the subdivision of land; . prevent the overcrowding of land; . lessen congestion in the streets and highways; . provide for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public requirements; . require development in harmony with the natural environment; . promote preservation of open space; . promote cluster development approaches that minimize costs to local citizens and that promote effective and efficient provisions of public services; . protect the rights of property owners; . and to require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey (76-3-102, MCA). . The subdivision regulations are intended to comply with Montana law, and to promote the orderly development of Prairie County.

Frequently Asked Questions:

1. Why would I need to be aware of subdivision regulations? If you are planning to divide property so that it creates one or more parcels containing less than 160 acres that cannot be described as a ¼ aliquot part. (76-3-103 (15) MCA

2. Why can’t I just sell 60 acres to my neighbor? Montana Law requires that before title to a tract of land less than 160 acres can be sold or transferred in any manner, a subdivision plat must be filed for record with the county clerk and recorder. 76-3-301 (1) MCA

3. What would be my first step if I decide I want to subdivide? Visit the clerk and recorder’s office at the courthouse and pick up a “subdivision application packet”.

4. How long will the process take? Once the completed subdivision plat application is submitted to the clerk and recorder’s office, the review process will begin. For a minor subdivision (fewer than 6 lots), the review process should be completed and final approval or denial by the commission given 35 days after submittal of the complete application. For a major subdivision (6 or more lots), the review process and final approval or denial must be completed within 60 days after submittal of the complete application.

5. How much is this going to cost me? Prairie County charges $150.00 for review of a minor subdivision, and $300.00 for review of a major subdivision. There is also a $5.00 fee to record the final plat. Other costs the subdivider could have include cost to have the survey done, consulting costs (if applicable), and development costs if development of the lots is necessary.

A copy of the Prairie County Subdivision Regulations can be obtained for review at the clerk and recorder’s office. Anyone who is considering subdivision of property in Prairie County, or who has questions regarding the subdivision procedure can contact Lisa Kimmet, Prairie County Clerk and Recorder, Quinn Haughian, Chair, Land Planning Board, or Bill Leach, Chair, Prairie County Commission.

1 PRAIRIE COUNTY SUBDIVISION APPLICATION PACKET

Attached is a Subdivision Plat Application form for Prairie County. Also attached are the following referenced documents:

 Proposed timeline for the approval procedure  List of public agencies or other entities that may be contacted for comment on the subdivision application  List of state laws, local regulations and growth policy provisions that may apply to the subdivision application  Evasion criteria checklist  Uniform standards for certificate of survey checklist  An application for review by the Montana Department of Environmental Quality (for any subdivision with a tract of 20 acres or less) is available on the State of Montana website at http://www.deq.mt.gov/wqinfo/Sub/04_sub_review_forms.asp

If the transaction will be a Major Subdivision (6 or more lots), additional paperwork will be required and additional costs including consultant costs may be assessed.

The preliminary plat, application form and required supplements, subdivision guarantee, and review fees, must be submitted to the Clerk & Recorder before the review process can begin. The application must be complete including any required supplements and/or revisions to the application and must be submitted to the Clerk & Recorder before final approval will be given.

REVIEW FEES: $150.00 minor subdivision (5 or fewer lots) $300.00 major subdivision (6 or more lots)

If the transaction is exempt from subdivision review, the certificate of survey must contain an affidavit affirming entitlement to the claimed exemption. Exemptions may be claimed for:

Court order 76-3-201 (1) MCA Mortgage exemption 76-3-201 (2) Life Estate 76-3-201 (5) Relocation of common boundary 76-3-207 (a) Family conveyance 76-3-207 (b) Agricultural exemption 76-3-207 (c) Occasional sale (prior to 4/1996) 76-3-207 (d) Aggregation of lots 76-3-207 (e) A copy of Prairie County Subdivision Regulations will be provided upon request at a cost of $10.00.

For further information contact: Lisa Kimmet Clerk & Recorder 635-5575 (phone) 635-5576 (fax) [email protected]

Erin Inman County Attorney 635-4529 (phone) 635-5472 (fax)

Dennis Snow County Sanitarian 377-5772 (phone) 377-2022 (fax)

2 Prairie County Subdivision Application REVIEW TIMELINE Starts AFTER the completed application is submitted to the subdivision administrator

Day No. MINOR SUBDIVISION MAJOR SUBDIVISION

Initial contact, obtain local regulations Initial contact, obtain local regulations

Pre-application conference Pre-application conference (see section II-A-4) (see section II-A-4)

Submit preliminary plat application Submit preliminary plat application (review period begins when application (review period begins when application is complete) is complete)

1 On-site visit and review by subdivision On-site visit and review by subdivision administrator administrator

10 Subdivision administrator prepares Subdivision administrator schedules public written report and draft Findings of hearing, publishes and mails notice of Fact hearing

15 Subdivision administrator drafts Findings of Fact

20 Planning Board reviews, makes recommendation

35 Governing body acts to approve, deny Planning Board holds public hearing, or conditionally approve subdivision makes recommendation

60 Governing body acts to approve, deny or conditionally approve subdivision

3 Prairie County Subdivision Application List of entities that may be contacted for comment on proposed subdivision application per 76-3-504 (q) (iii) MCA

Federal

1. Bureau of Land Management 2. U.S. Fish and Wildlife Service 3. Bureau of Reclamation 4. U.S. Postal Service

State

1. Montana Department of Fish, Wildlife and Parks 2. Montana Department of Transportation 3. Montana Department of Environmental Quality 4. Montana Department of Natural Resources and Conservation 5. Montana Department of Public Health and Human Services 6. Montana Department of Commerce

County

1. Prairie County Sanitarian 2. Prairie County Road Department 3. Prairie County Fire Warden 4. Prairie County Public Safety 5. Prairie County Rural Fire Districts 6. Prairie County Ambulance Service

Other Local Government

1. Town of Terry 2. School District #5, Terry 3. Prairie County Medical Center 4. Buffalo Rapids Irrigation District

Other Entities

1. Applicable utility providers 2.

4 PRAIRIE COUNTY SUBDIVISION APPLICATION

Pre-Application Compliance List

Prairie County will review the proposed subdivision for compliance with the provisions found in the following state laws, local regulations and policies.

1. Montana’s Subdivision and Surveying Laws and Regulations – Title 76, Chapter 5 2. Montana’s Sanitation in Subdivision Laws and Regulations – Title 76, Chapter 4 3. Montana’s Department of Environmental Quality Administrative Rules for the Montana Sanitation in Subdivisions Act 4. Montana Department of Commerce Administrative Rules for the Corner Recordation Act 5. Prairie County Subdivision Regulations (adopted November 1993, adopted revised September 2006) 6. Prairie County Sanitation Regulations 7. Prairie County Floodplain Regulations 8. Prairie County Zoning Regulations 9. Prairie County Growth Policy (adopted September 2006)

Montana Code Annotated: http://data.opi.state.mt.us/bills/mca_toc/index.htm

A copy of the Prairie County Subdivision Regulations and/or Prairie County Growth Policy will be provided at a cost of $10.00 each.

5 PRAIRIE COUNTY SUBDIVISION PLAT APPLICATION FORM Minor Subdivision – 6 or fewer lots

Please Note: Review of the subdivision will not begin until this Application Form, along with all applicable attachments and review fee(s) are submitted to the Prairie County Clerk and Recorder’s office.

1. Name, address, and contact information of landowner/subdivider: ______

______

______

______

2. Name of development (if any)______

3. Descriptive Data:

a) Total area in acres ______b) Number of lots or rental spaces______c) Minimum and maximum sizes of lots or spaces ______d) Indicate the proposed uses(s) and number of lots or spaces in each: ______residential, single family ______residential, multiple family ______planned development unit (# of units) ______recreational or second home ______mobile home park ______recreation vehicle park ______commercial or industrial ______other (please describe)______

4. Physical Conditions:

Provide the following information regarding the subdivision: a) Current land use ______b) Existing zoning or other regulations______c) Depth to ground water at time of year when water table is nearest the natural ground surface within the drain field area ______d) Depth to bedrock or other impervious material in the drain field area______

5. List of materials submitted with this application: The following materials are required, unless this is a 1-lot minor subdivision or unless the proposed subdivision is exempt (exemption must be listed). If item is not applicable to this application, please note so on the blank preceding the item number.

_____ 1. Plat (3 copies) with title block “Subdivision Plat NO.______”

_____ 2. Vicinity sketch showing conditions including:

6 i. the names of platted subdivisions and numbers of certificates of survey previously recorded ii. The ownership of lands adjacent to the exterior boundaries of the subdivision and to any access road leading from a present public right-of-way to the boundary of the proposed subdivision iii. Location of any buildings, railroads, power lines, towers, roads and other land uses. iv. Any exiting or proposed zoning v. Lands separated from the exterior boundary of the subdivision by public or private rights-of-way are deemed to be adjacent for the purpose of this requirement

_____ 3. Lists of names and addresses of owners of record of adjacent property

_____ 4. Copies of easements or proposed easements to provide legal access to the subdivision

_____ 5. Topographic map showing location of subdivision and road access

_____ 7. Evidence of legal and physical access, including appropriate easements and necessary utility easements

_____ 8. Subdivision Guaranty or Title Commitment

_____ 9. Evidence of notification of proposed subdivision to irrigation district (if applicable)

_____ 10. An overall development plan if tract is to be developed in phases

_____ 11. Drafts of any covenants and restrictions to be included in deeds or contracts

_____ 12. Property Owner’s Association covenants and restrictions (if applicable)

_____ 14. Drafts of public improvements agreement and guaranty (if applicable)

_____ 15. An environmental assessment unless the subdivider has been exempted under the provisions of the Regulations (M.C.A. 76-3-201)

_____ 16. Proposed road plans and profiles, if any.

_____ 17. Approach/access/encroachment permits from MT Dept of Transportation or local jurisdiction.

_____ 18. FIRM or FEMA panel map and letter identifying floodplain status.

_____ 19. Required water and sanitation information.

_____ 20. Letter requesting revocation of agricultural covenants.

_____ 21. Letter indicating locations of cultural or historic resources.

_____ 22. Variance request or approval.

I do hereby affirm that the statements and information contained in all exhibits transmitted herewith are true and correct. I hereby apply to the Prairie County Commission for approval of the preliminary plat of the______subdivision.

Dated this ______day of ______, 20____

7 ______Signature of Sudivider

8