76-3-210. Subdivisions exempted from requirement of an environmental assessment. (1) Subdivisions totally within an area that is covered by all of the following are considered to be in the public interest and are exempt from the requirement of an environmental assessment:
     (a) a growth policy adopted pursuant to chapter 1;
     (b) zoning regulations pursuant to 76-2-201 or chapter 2, part 3; and
     (c) a strategy for development, maintenance, and replacement of public infrastructure pursuant to 76-1-601.
     (2) (a) A planning board established pursuant to chapter 1 may exempt a proposed subdivision within its jurisdictional area from the requirement for completion of any portion of the environmental assessment if:
     (i) the subdivision is proposed in an area for which a growth policy has been adopted pursuant to chapter 1 and the proposed subdivision will be in compliance with the growth policy; or
     (ii) the subdivision will contain fewer than 10 parcels and less than 20 acres.
     (b) When an exemption is granted under this subsection (2), the planning board shall prepare and certify a written statement of the reasons for granting the exemption. A copy of this statement must accompany the preliminary plat of the subdivision when it is submitted for review.
     (c) If a properly established planning board having jurisdiction does not exist, the governing body may grant exemptions as specified in this subsection (2).

     History: (1)En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec. 2, Ch. 552, L. 1977; Sec. 11-3862, R.C.M. 1947; (2)En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; Sec. 11-3863, R.C.M. 1947; R.C.M. 1947, 11-3862(8), 11-3863(3.1); amd. Sec. 20, Ch. 582, L. 1999; amd. Sec. 10, Ch. 599, L. 2003.