Subdivision Regulations: State Law Updates

Project Update: The Missoula City Council adopted legislative changes to the City Subdivision Regulations July 11, 2022

Project Description

Amendments to the City Subdivision Regulations are being proposed with the goal of incorporating State law changes into our local rules. These amendments are intended to bring the City Subdivision Regulations up to date with State law and provide a baseline set of regulations for the upcoming City Comprehensive Code Reform project.

We have reviewed the relevant House and Senate bills from each session since 2015 to determine whether the content of the bills apply to the City’s subdivision regulations. Of the 17 bills reviewed, 12 bills resulted in changes that will need to be incorporated into the City’s subdivision regulations. Key themes for these changes include:

• Incorporating a process for phased development review;
• Clarifying timelines for final plat reviews;
• Incorporating a process for expedited review;
• Updating several exemption processes; and
• Establishing additional guidance for applying conditions to subdivisions.

In addition to the legislative changes, staff has identified a number of amendments not specifically related to State land use legislation but are necessary to include in this update. These include:

• Update requirements surrounding the amount of water runoff allowed for a parcel in response to changes made by the Montana Department of Environmental Quality (Circular 8);
• Cross reference the recently adopted Missoula City Public Works Standards and Specifications
• Update the planning office and department names where appropriate; and
• Correct the name of the growth policy (City Growth Policy).

Background

The Montana State Legislature meets every two years to discuss possible amendments to state law for various topics including subdivision review. Since the last update to the City Subdivision Regulations following the 2013 Montana legislative session, there have been several changes to subdivision-related state laws in three of the four subsequent legislative sessions between 2015 and 2021. Missoula’s current regulations do not reflect these updates, and staff have been implementing these changes using language taken directly from state law.

Because the upcoming Comprehensive Code Reform process which will focus on regulation alignment, process auditing, modernization, and innovation between all the City’s land use regulations, these amendments will have a narrow scope. They are limited to integrating legislative changes from the past three sessions. Changes will also correct obvious mistakes, inconsistencies, or update document and department names. This scope will avoid duplicating efforts that will take place during the Code Reform process, as well as provide a clean starting point for the Code Reform process to build from.

To learn more

Review the information listed in the tabs to the right. There you will find additional information including:

• Subdivision Regulations: State Law Changes - The proposed state law changes with an explanation for each suggested change. (Amendments are shown as strike-through and underline);
• Table of Legislative Bills, 2022 - A table summarizing the legislative bills; and
• Current City of Missoula Subdivision Regulations - A link to the current Subdivision Regulations on the City's website.

Comment Deadline

Comments are appreciated to refine the proposed changes and will be forwarded to Planning Board and then City Council until close of the City Council public hearing (final consideration). Comments can be submitted through Engage Missoula, via email to the Planner who’s listening, by mailing in a letter to the Community Planning, Development and Innovation Department at 435 Ryman Street, Missoula, MT 59802, or during the public meetings.