HomeMy WebLinkAboutResolutions Resolution Number Unknown - Adoption of Sudbivision Administrator for Administrative Minor SubdivisionsVersion February 2023
RESOLUTION 5583
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO
DESIGNATE THE DIRECTOR OF COMMUNITY DEVELOPMENT AS THE SUBDIVISION
ADMINISTRATOR FOR THE PURPOSE OF ADMINISTRATIVE MINOR SUBDIVISIONS AS REQUIRED
BY 76-3-609 MCA.
WHEREAS, Title 76, Chapter 3, Montana Code Annotated (MCA) requires local
government to adopt regulations for the processing of subdivisions of land consistent with the
Montana Subdivision and Platting Act; and
WHEREAS, the City has adopted land development and use standards to protect public
health, safety and welfare and otherwise execute the purposes of Montana Code Annotated
§§76-3-102, and 76-3-501; and
WHEREAS, the 2023 Montana Legislature adopted Senate Bill 170 amending Section 76-
3-609, MCA which bill was effective on October 1, 2023; and
WHEREAS, Senate Bill 170 amends Section 76-3-609, MCA to create a new form of
subdivision review, found in subsections (6) through (8) of the statute, with specific qualifying
criteria called an administrative minor subdivision which takes precedence over other forms of
minor subdivision review; and
WHEREAS, Section 76-3-609 requires that the governing body appoint a subdivision
administrator, not the governing body, to conduct the review and decision for administrative
minor subdivisions; and
WHEREAS, the City Commission has adopted 38.200.010, BMC to assign duties in the
review of land development including subdivision and, in that section, assigns all duties not
otherwise explicitly reserved in the section to another party to the Director of Community
Development; and
DocuSign Envelope ID: 839D3071-CF24-4D7B-98FB-B196807A7262
Version February 2023
WHEREAS, 38.200.010 was adopted prior to the passage of the SB 170 amendments to
76-3-609, MCA and the Montana Subdivision and Platting Act prior to the passage of SB 170
reserved all decisions on preliminary and final plats to the governing body; and
WHEREAS, the current wording of 38.200.010 is no longer consistent with statute, and
the City is in the process of updating its land use regulations to address changing state laws but
the change in administrative minor subdivision regulation of 76-3-609 has immediate effect and
the City must establish procedures to implement the state law which takes priority over local
regulations;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
1) The Director of Community Development is designated as the subdivision administrator
with all responsibilities as required by 76-3-609, MCA.
2) This resolution shall be of no further effect upon the effective date of amendments to
Chapter 38, Unified Development Code revising approval authority for subdivisions to be
consistent with state law, or on June 30, 2026, whichever comes first.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 5th day of March, 2024.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
DocuSign Envelope ID: 839D3071-CF24-4D7B-98FB-B196807A7262
Version February 2023
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
DocuSign Envelope ID: 839D3071-CF24-4D7B-98FB-B196807A7262