Montana SB 174: Providing that recreational vehicles and mobile homes are reviewed as buildings for rent or lease

Bill Text

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69th Legislature 2025 LC0015.1
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1 _____________ BILL NO. _____________
2 INTRODUCED BY _________________________________________________
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO THE REVIEW OF BUILDINGS
5 FOR LEASE OR RENT; REQUIRING RECREATIONAL VEHICLES AND MOBILE HOMES TO BE
6 CONSIDERED BUILDINGS FOR LEASE OR RENT FOR THE PURPOSES OF SUBDIVISION REVIEW; AND
7 AMENDING SECTIONS 76-3-103, 76-3-504, 76-3-621, AND 76-8-101, MCA.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 1. Section 76-3-103, MCA, is amended to read:
12 "76-3-103. Definitions. As used in this chapter, unless the context or subject matter clearly requires
13 otherwise, the following definitions apply:
14 (1) "Certificate of survey" means a drawing of a field survey prepared by a registered surveyor for
15 the purpose of disclosing facts pertaining to boundary locations.
16 (2) "Cluster development" means a subdivision with lots clustered in a group of five or more lots
17 that is designed to concentrate building sites on smaller lots in order to reduce capital and maintenance costs
18 for infrastructure through the use of concentrated public services and utilities, while allowing other lands to
19 remain undeveloped.
20 (3) "Dedication" means the deliberate appropriation of land by an owner for any general and public
21 use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the
22 public use to which the property has been devoted.
23 (4) "Division of land" means the segregation of one or more parcels of land from a larger tract held
24 in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly
25 filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to
26 this chapter. The conveyance of a tract of record or an entire parcel of land that was created by a previous
27 division of land is not a division of land.
28 (5) "Examining land surveyor" means a registered land surveyor appointed by the governing body

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1 to review surveys and plats submitted for filing.
2 (6) "Final plat" means the final drawing of the subdivision and dedication required by this chapter
3 to be prepared for filing for record with the county clerk and recorder and containing all elements and
4 requirements set forth in this chapter and in regulations adopted pursuant to this chapter.
5 (7) "Governing body" means a board of county commissioners or the governing authority of a city
6 or town organized pursuant to law.
7 (8) "Immediate family" means a spouse, children by blood or adoption, and parents.
8 (9) "Minor subdivision" means a subdivision that creates five or fewer lots from a tract of record.
9 (10) "Phased development" means a subdivision application and preliminary plat that at the time of
10 submission consists of independently platted development phases that are scheduled for review on a schedule
11 proposed by the subdivider.
12 (11) "Planned unit development" means a land development project consisting of residential
13 clusters, industrial parks, shopping centers, or office building parks that compose a planned mixture of land
14 uses built in a prearranged relationship to each other and having open space and community facilities in
15 common ownership or use.
16 (12) "Plat" means a graphical representation of a subdivision showing the division of land into lots,
17 parcels, blocks, streets, alleys, and other divisions and dedications.
18 (13) "Preliminary plat" means a neat and scaled drawing of a proposed subdivision showing the
19 layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a
20 governing body.
21 (14) "Public utility" has the meaning provided in 69-3-101, except that for the purposes of this
22 chapter, the term includes county or consolidated city and county water or sewer districts as provided for in Title
23 7, chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems
24 established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44.
25 (15) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision
26 of land.
27 (16) "Subdivision" means a division of land or land so divided that it creates one or more parcels
28 containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States

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69th Legislature 2025 LC0015.1
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1 government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise
2 transferred and includes any resubdivision and a condominium. The term also means an area, regardless of its
3 size, that provides o