The 2011 and 2009 State Legislatures passed a number of laws that have an impact on the Montana Subdivision and Platting Act (76-3,101 et seq., MCA). As a result, the City's subdivision regulations, Article 23, BMCC, need to be amended to be consistent with State law.

Planning staff drafted the proposed amendments based on recommendations from the legal staff at Montana Association of County Officials (MACO) and has solicited input from other City staff, the development community, the Planning Board, and other interested parties.

The City-County Planning Board held a public hearing and reviewed the proposed amendments to the City Subdivision Regulations on September 27, 2011. The City Council held a public hearing and voted to approve the ordinance amending the City Subdivision Regulations on first reading on October 11, 2011. The second reading for the ordinance is scheduled for this meeting.

The City Council may:

• Adopt the ordinance amending the City Subdivision Regulations on second reading; or
• Not adopt the ordinance amending the City Subdivision Regulations. Not adopting the proposed amendments would leave the City Subdivision Regulations inconsistent with state statute.

There are no foreseen financial impacts to the City for adopting the proposed amendments to the City Subdivision Regulations.

The Planning Board recommends that the City Council approve this ordinance on second reading amending the City Subdivision Regulations.