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1. What is a subdivision?

According to 76-3-103 MCA a subdivision in Montana is defined as a division of land that creates one or more parcels containing less than 160 acres. Also, the creation of condominiums, recreational vehicle parks, and mobile home parks constitute a subdivision.

2. What are major, minor, and subsequent minor subdivisions?

A major subdivision creates 6 or more lots or 6 or more spaces or units in a mobile park, a recreational vehicle park, condominiums, or townhouses. A ‘first” minor subdivision creates five or fewer lots or five or fewer spaces or units in a mobile home park, a recreational vehicle park, condominiums, or townhouses. A ‘subsequent” minor subdivision is defined as a subdivision in an area that has been previously subdivided. A ‘subsequent’ minor subdivision is reviewed as a major subdivision in Madison County.

3. What are the differences between a Major and Minor Subdivision?

Both major and minor subdivisions go through a similar review process. Major subdivisions have a few additional requirements including a public hearing, and an environmental assessment. The second notification letters for a major subdivision are sent by the County Planning Office, whereas the subdivider handles this for a ‘first’ minor subdivision.

4. What is the first step in the subdivision process?

The first step is to schedule a pre-application meeting with the County Planning Office. This is an informational session that helps the subdivider get more familiar with the process and the requirements.

5. What documents are needed during the subdivision application and review process?

A pre-application document, a preliminary plat (subdivision application packet) including water and sanitation information, and a final plat are considered by the county. Also, Overall Development Plans are sometimes required when a project is planned in phases. A copy of the Madison County Subdivision Regulations is available at the Planning Office and also online.

6. What county departments are involved in the process?

The County Planning Office works closely with the developer throughout the subdivision process. The planning staff compiles a staff report and makes recommendations to the County Planning Board. The County Planning Board in turn makes a recommendation to the County Commission. The County Commission makes the decision regarding all preliminary and final plats. The county Sanitarian reviews all water and sanitation information for lots greater than 20 acres (and the Montana Department of Environmental Quality (DEQ) reviews all smaller parcels.) The County Weed Board must approve a noxious weed management plan for each new subdivision. Also, the County Office of Emergency Management coordinates the public safety review of all subdivisions.

7. What types of professionals should the subdivider include on the project team?

A licensed surveyor must be retained to prepare the preliminary and final plats. Other professionals t may need to be involved depending on the size and complexity of the project include: a hydrologist, site planner, architect, engineer, wildlife expert, wetlands specialist, geotechnical engineer, traffic engineer, cultural resources specialist, and others.

8. How long does the process take?

The typical time frame for completing a subdivision is approximately 5 to 6 months for preliminary plat review and decision. However, this varies greatly with each individual subdivision. If preliminary plat approval is granted, the sub-divider has a period of 3 calendar years to complete the final plat. A 1-year extension may be granted by the County Commission.

9. What does preliminary plat approval mean?

The preliminary plat approval from the County Commission is essentially the green light that gives the developer assurance that the project will be accepted so long as the conditions of approval have been met before final plat. When all the conditions of preliminary plat approval have been satisfied, the subdivider submits the final plat materials for review by the Planning Office and the County Commission.

10. At what point can the lots be sold?

The lots can be sold after the final plat approval has been granted by the County Commission and the Mylars and supplemental information have been recorded with the County’s Clerk and Recorder’s Office.

11. What costs are associated with a subdivision?

There are several County review fees listed on the Madison County Subdivision Review Fee Schedule located in this packet. Also, surveying, engineering and development costs should be anticipated. A DEQ review fee will apply where proposed lots are less than 20 acres in size.