Sanderson Stewart, agent for Dover Ranch, has submitted an exempt subdivision application to create an agricultural tract in the City of Billings per MCA 76-3-207(1)(c) "divisions made outside of platted subdivisions by gift, sale, or agreement to buy and sell in which the parties to the transaction enter a covenant running with the land and revocable only by mutual consent of the governing body and the property owner that the divided land will be used exclusively for agricultural purposes."

The creation of Tract A1-1 as shown on Amended Tract A1, Certificate of Survey No. 3573 is exempt from subdivision review. Staff has reviewed the application materials and determined this is an appropriate use of the subdivision exemption. By approving the agricultural covenant restriction, limitations are placed on the property so the newly created tract can be used exclusively for agricultural purposes. No buildings or structures can be built which require water or sewage facilities.

Upon approval of the agricultural covenant, any change in use of land for anything other than agricultural purposes subjects the parcel to provisions of the Montana Subdivision and Platting Act.

City Council may:

• Approve the agricultural covenant, or;
• Disapprove the agricultural covenant

Approval of the covenant has no financial impact on the Planning Division budget.

Staff recommends the City Council approve the agricultural covenant.