Staff recommends the Council review the information provided regarding the City Subdivision Regulation requirements for submittal of a Traffic Impact Study (TIS) and provide direction to staff as to whether text amendments are needed in the City Subdivision Regulations to clarify that a TIS is required to be submitted at both the Completeness Review stage and Preliminary Plat stage of Subdivision Application. 

On September 26, 2025, Council Member Aspenlieder submitted a City Council Initiative addressing Traffic Impact Study (TIS) requirements within the subdivision review process (See Initiative Form Attached). The initiative has two components: (1) clarifying that a TIS is due at the Preliminary Plat stage rather than at Completeness Review, and (2) discussing the potential creation of a Traffic Impact Fee system to replace current TIS requirements. This Work Session item focuses only on Part 1 of the initiative.

City staff agrees with Council Member Aspenlieder's point that the subdivision regulations correctly identify the Preliminary Plat stage as the point at which a TIS is formally required, as cited in BMCC 23-406(b)(4). However, staff also points out current City Code (BMCC 23-302(2)) and state law (MCA 76-3-604) require all materials—including a draft TIS when applicable—to be submitted at Completeness Review, which occurs approximately one month prior to the Preliminary Plat application. This requirement ensures applications are complete before triggering the statutory 60-day review period during which the City must act on the preliminary plat. This could be likened to applying for and executing a mortgage for a home. While the final documents must all be submitted and present at time of closing, all of the mortgage documents must be drafted and assembled before the closing to ensure that everything is in order before the seller, buyer, bank staff, etc. assemble for the closing. Requiring a draft TIS at Completeness Review provides staff sufficient time to verify basic compliance, coordinate with applicants, and refine the analysis before Planning Board deadlines (See Major Subdivision Preliminary Plat Timeline attached to this memo).

Historical review of subdivision applications demonstrates submission of a TIS at Completeness Review (when applicable) has been standard practice for many years. All City major subdivisions in 2024 and 2025 complied with this requirement, with the exception being two 2025 projects associated with Council Member Aspenlieder’s firm. In those cases, City staff allowed TIS Summaries while the broader policy question raised by this initiative was being evaluated.

Staff's research of the TIS submittal process concludes the existing requirement to submit an initial TIS at Completeness Review is longstanding, grounded in the current City Subdivision Regulations, and necessary to ensure thorough, timely, and consistent subdivision review.
 

Council Member Aspenlieder submitted a City Council Initiative to the Mayor and City Council on September 26, 2025. The initiative has two parts. Part 1 is to dedicate a brief amount of time at a Work Session to discuss clarifying within the City Subdivision Regulations that a Traffic Impact Study (TIS) is due at the time of Preliminary Plat submittal, and not at the time of Completeness Review, as has been required by the Planning and Engineering divisions. Part 2 of the Initiative is to discuss creation and implementation of a Traffic Impact Fee system replace current development TIS requirements and contributions for traffic impacts. Part 1 is the subject of this Work Session discussion.

It is correct that a TIS is required (when applicable) at the Preliminary Plat Application stage of a subdivision submittal process. This is referenced as Council Member Aspenlieder has noted in BMCC 23-406 b.(4). But it is also correct that a TIS is required to be initially submitted at Completeness Review per BMCC 23-302 (2). This is because a "Complete Application" for a subdivision application must be submitted to the City per the Pre-application Completeness Review requirements outlined in 23-302 - Major Subdivisions one month before the full Preliminary Plat Application is submitted. The requirement for submittal of all the materials at Completeness Review is a foundational element grounded in the Montana Land Use Planning Statutes (MCA 76--3-604). The purpose is very important as the local government is bound by specific review time constraints after the Preliminary Plat Application is deemed complete and submitted. The "clock" starts at this point and the local government has 60-80 working days (Billings has maintained a 60-day review period) to have the local governing body act on the preliminary plat.

It is important to note BMCC 23-406 B.4. was part of sections amended earlier in 2025 to address when a TIS is required. For some projects that do not meet the 1,000 trips/day or 10 peak hour trip thresholds, a TIS Summary is acceptable. Essentially, every project submits something to address traffic impacts, but the depth of that analysis is dictated by the project's traffic impacts. For the purposes of this initiative, the focus is on Major Subdivision Applications that trigger a full TIS based on the traffic generation thresholds. 

To illustrate the thoroughness of the required submittals at Completeness Review, the following is a list of what is required for City Major Subdivisions (this list is referenced in BMCC 23-302 (2), attached to this memo, and may be found here https://www.billingsmt.gov/2428/Submittal-Requirements):

• DECLARATION OF SIGNATURE PAGE SIGNED BY OWNER APPLICANT
• DRAFT PRELIMINARY SURVEY/ PLAT
• CLOSURE CALCULATIONS FOR PLAT
• DRAFT FINAL SIA/WAIVER
• WATER/SEPTIC INFORMATION AS OUTLINED IN THE SUBDIVISION REGULATIONS
• TRAFFIC IMPACT STUDY (IF APPLICABLE)  (required based on the vehicle trip generation of the development - smaller projects complete a TIS Summary)  
• DRAFT EASEMENT DOCUMENTS, (AS APPLICABLE)
• EVIDENCE OF LEGAL AND PHYSICAL ACCESS, IF SUBJECT PROPERTY IS NOT SERVED BY PUBLIC ROADS
• ENVIRONMENTAL ASSESSMENT SUMMARY OF PROBABLE IMPACTS (IF APPLICABLE)
• GEOTECHNICAL REPORT. CITY REQUIREMENT
• DETAILED NARRATIVE OF WATER, WASTEWATER, AND STORMWATER FACILITIES
• DRAFT DECLARATION OF RESTRICTIONS ON TRANSFERS AND CONVEYANCES, (IF APPLICABLE)
• DRAFT DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS, (CCR), (IF APPLICABLE)
• SUBDIVISION VARIANCE APPLICATION (IF APPLICABLE)
• DRAFT DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS, (IF APPLICABLE)
• DRAFT ARTICLES OF INCORPORATION WHEN HOMEOWNER’S ASSOCIATION IS PROPOSED
• A MASTER PLAN OF THE ENTIRE AREA TO BE DEVELOPED WHEN A TRACT OF LAND IS TO BE SUBDIVIDED IN SEPARATE FILINGS

Staff prepared a Major Preliminary Subdivision Timeline of the submittal process attached to this memo for reference. A key takeaway from the timeline is that if staff gets a TIS at Completeness Review, staff has time to see if it even meets basic TIS requirements and is done in a proper format, etc. Then, staff can have the applicant make improvements to it for actual preliminary plat submittal, spend more time with the applicant on it after preliminary submittal, and refine the TIS through the remainder of the process before drafting memos for the Planning Board meeting deadlines. BMCC 23-406 B.4. also calls out a meeting between the applicant and City Traffic Engineering staff at the Pre-Application Meeting stage of an application (prior to the Completeness Review submittal). If this occurs, then staff at Completeness Review is able to verify the main elements of the TIS at Completeness. City Traffic Engineering staff then provides a list of more detailed comments on the TIS at the Department Review Meeting (See attached Timeline), with the goal of having most of the core issues ironed out so the short turn around for the applicant (5 working days after Department Review Meeting) and City staff (about 5 working days after re-submittal following the Department Review Meeting) does not turn into a situation of sorting out major issues with limited time. Having a draft TIS at Completeness Review means maximum time for the City and applicant to get comfortable with the required content and elements of the TIS in the process.

If staff doesn’t get a draft TIS at Completeness Review, then staff doesn’t know what the applicant is doing with the TIS work, if the TIS format and content is correct, etc. until the actual preliminary plat submittal. Then, staff has to work with the applicant through department review and to the PB memo and meeting deadlines to make sure it meets requirements. Some applicant’s do really thorough TIS reports. Some applicant’s submit inadequate ones. TIS submittal at Completeness Review ensures consistent and adequate time for staff review, response and coordination with the applicants on traffic impacts generated by the subdivision. As referenced in the attached Major Preliminary Subdivision Timeline, if a TIS is submitted at Completeness Review, City staff has about 35 working days (this does not include the time the applicant has to respond to staff's comments) to work through the TIS content and requirements before memos must be prepared for the Planning Board meetings where the plat application is reviewed and acted on for a recommendation to the City Council.

Staff researched City Subdivision Regulations and the TIS submittal requirement and found it referenced as far back as 2005 for Major Subdivisions and required materials at Completeness Review. Staff also checked the past few years of Major Subdivision Preliminary Plat submittals in the City. All Major Subdivision submitted to the City in 2024 provided the TIS at Completeness Review. In 2025, all Major Subdivision submitted to the City provided the TIS at Completeness Review, except for the two Council Member Aspenlieder's firm was working on and were the subject of this Council Initiative. TIS Summaries were provided for the two projects that were the subject of this Initiative at Completeness Review. Given the issues around these two projects and Council Member Aspenlieder's challenge to the submittal requirements, staff agreed in the two instances to allow the TIS Summaries as everyone worked through the issues of this Council Initiative.
 

Amending the City Subdivision Regulations is a lengthy process that requires allocating staff time, review of the proposed amendments by the City-County Planning Board and City Council, and, ultimately, adoption by City Council. If the Council were to direct staff to amend the regulations to further clarify the requirement that an initial TIS be submitted at Completeness Review, staff would propose to address this when additional City Subdivision Regulation Amendments are brought to the Council as part of the Billings2045 Land Use Plan and Future Land Use Map implementation process in mid 2026.  

The residents of Billings, the development community, and the City are all stakeholders in the Major Subdivision Review Process as designated in City Code following State Law requirements. Specifically, ensuring traffic impacts from new development are consistently addressed and costs for improvements needed due to new development is distributed to the projects creating traffic impacts in the vicinity of the development activity. 

City Council may choose to direct or not direct staff to develop amendments to the City Subdivision Regulations to further clarify the timing of submittal of a TIS when applicable for Major Preliminary Plat Applications.