76-4-125. Review of development plans -- land divisions excluded from review. (1) Plans and specifications of a subdivision as defined in this part shall be submitted to the reviewing authority, and the reviewing authority shall indicate by certificate that it has approved the plans and specifications and that the subdivision is not subject to a sanitary restriction. The plan review by the reviewing authority shall be as follows:
     (a) At any time after the developer has submitted an application under the Montana Subdivision and Platting Act, the developer shall present to the reviewing authority a preliminary plan of the proposed development, whatever information the developer feels necessary for its subsequent review, and information required by the reviewing authority.
     (b) The reviewing authority must give final action of the proposed plan within 60 days unless an environmental impact statement is required, at which time this deadline may be increased to 120 days.
     (2) A subdivision excluded from the provisions of chapter 3 shall be submitted for review according to the provisions of this part, except that the following divisions, unless such exclusions are used to evade the provisions of this part, are not subject to review:
     (a) the exclusions cited in 76-3-201 and 76-3-204;
     (b) divisions made for the purpose of acquiring additional land to become part of an approved parcel, provided that no dwelling or structure requiring water or sewage disposal is to be erected on the additional acquired parcel and that the division does not fall within a previously platted or approved subdivision; and
     (c) divisions made for purposes other than the construction of water supply or sewage and solid waste disposal facilities as the department specifies by rule.

     History: En. Sec. 150, Ch. 197, L. 1967; amd. Sec. 4, Ch. 509, L. 1973; amd. Sec. 2, Ch. 529, L. 1975; amd. Sec. 12, Ch. 140, L. 1977; amd. Sec. 1, Ch. 554, L. 1977; R.C.M. 1947, 69-5003(8), (10); amd. Sec. 12, Ch. 490, L. 1985.