[ back to index listing
SECTION 1: GENERAL PROVISIONS
- Severability Clause
- Title. These Regulations shall be
known as “Belgrade City Subdivision Regulations.”
- Authority. Authorization for adopting
these Regulations is the Montana Subdivision and Platting Act (Title
76, Chapter 3, MCA).
- Jurisdiction. These Regulations govern
the division of land within the Belgrade City Limits.
- Purpose. The purpose of these Regulations
is to promote the public health, safety, and general welfare by regulating
the subdivision of land; prevent the overcrowding of land; lessen congestion
in the streets and highways; provide adequate light, air, water supply,
sewage disposal, parks and recreation areas, ingress and egress, and
other public improvements; to require development in harmony with the
natural environment; to protect the rights of property owners; and to
require uniform monumentation of land subdivisions and transferring
interests in real property by reference to a plat or certificate of
survey (76-3-102, MCA).
Further, to support the purposes of 76-3-102, MCA, these Regulations
are intended to promote and to provide for the:
- Orderly development of the City of Belgrade.
- Coordination of roads within subdivided land with other roads,
both existing and planned.
- Dedication of land for roadways and for public utility easements.
- Improvement of roads.
- Adequate open spaces for travel, light, air and recreation.
- Adequate transportation, water, drainage, and sanitary facilities.
- Avoidance or minimization of congestion.
- Avoidance of unnecessary environmental degradation.
- Encouragement of subdivision development in harmony with the
- Avoidance of danger or injury by reason of natural hazard or
the lack of water, drainage, access, transportation or other public
- Avoidance of excessive expenditure of public funds for the supply
of public services.
- Manner and form of making and filing of plats for subdivided
- Administration of these Regulations, by defining the powers and
duties of approving authorities, including procedures for the review
and approval of all subdivision plats.
- Severability Clause. Where any word,
phrase, clause, sentence, paragraph, or section, or other part of these
Regulations is held invalid by court of competent jurisdiction, such
judgment shall affect only that part held invalid. Insofar as these
Regulations are more restrictive than any other local law, these Regulations
shall be controlling, and if any other law is more restrictive, it shall
take precedence over these Regulations.
- Conditions. Regulation of the subdivision
of land and the attachment of reasonable conditions to land subdivision
is an exercise of valid police power delegated by the state of Montana
to the City of Belgrade. Subdividers have the duty of complying with
reasonable conditions for design, dedication, improvement, and restrictive
use of the land so as to conform to the physical and economic development
of the City of Belgrade and to the safety and general welfare of the
future subdivision lot owners and of the community at large.
- General Terms. Terms used throughout
this Regulation are defined as follows:
- Montana Subdivision and Platting Act: Act
- Gallatin County Clerk and Recorder: Clerk and Recorder
- Belgrade City Council: Council
- City of Belgrade: City
- City of Belgrade Attorney: City Attorney
- Gallatin County District Court. District Court
- Gallatin County City-County
Environmental Health Department: Health Department
- Montana Department of
Environmental Quality: MDEQ
- Natural Resources Conservation Services: NRCS
- Belgrade City-County planning board
: as established under Title 76, Chapter 1, MCA: Planning Board
- Belgrade City-County Planning Office: Planning Department
- Belgrade City Subdivision Regulations: Regulations
- City of Belgrade Director of Public Works: Director of Public
- City of Belgrade Engineer City Engineer
- Gallatin County Treasurer: Treasurer
- United States Geological Survey: USGS
- Gallatin County Weed Control Department: Weed Department
- Definitions. Whenever the following
words or phrases appear in this text, they shall have the meaning assigned
to them by this Section. When not inconsistent with the context, words
used in the present tense shall include the future; the singular shall
include the plural, and the plural the singular; the word "shall"
is always mandatory, and the word "may," indicates use of
discretion in making decisions.
- Aliquot Part. An equal division of a government section as described
by the 'Manual for the Survey of The Public Lands of the United
- Agricultural Water User Facility. Any part of an irrigation system
used to produce an agricultural product on property used for agricultural
purposes as defined in 15-7-202, MCA.
- Block. A piece or tract of land entirely surrounded by public
highways roads, waterways, railway, right-of-way, or parks, etc.,
or a combination thereof. A group of lots, tracts or parcels within
well defined and fixed boundaries.
- Central Sewage System. A public sewage system as defined in 76-4-101
MCA and ARM 16.16.101.
- Central Water System. A public water supply system as defined
in 76-4-101 MCA and ARM 16.16.101.
- Certificate of Survey. A drawing of a field survey prepared by
a registered land surveyor for the purpose of disclosing facts pertaining
to boundary location.
- Comprehensive Plan. A master plan as defined in Section 76-1-601,
- Condominium. A form of individual ownership with unrestricted
right of disposal of one or more units in a multiple unit project
with the land and all other parts of the project held in common
ownership or use with owners of the other units.
- Contiguous Tract. For the purpose of these Regulations, a parcel
of land next to, abutting, adjacent to, adjoining or touching another
individual parcel of land, including tracts which are separated
by public right-of-way.
- Covenant. An agreement, or restriction, in writing, of two or
more parties by which any of the parties pledges to the others that
something is done or shall be done.
- Date of Submission. The date at which the plat and all required
supplementary information is received and certified as complete
by the Planning Department.
- Dedication. The deliberate appropriation of land by an owner
for any general and public use, reserving no rights which are incompatible
with the full exercise and enjoyment of the public use to which
the property has been devoted.
- Division of Land. The segregation of one or more parcels of land
from a larger tract held in single or undivided ownership by transferring,
or contracting to transfer, title to or possession of a portion
of the tract or properly filing a certificate of survey or subdivision
plat establishing the identity of the segregated parcels pursuant
to these subdivision Regulations and the Montana Subdivision and
Platting Act. Provided that where required by these Regulations
and the Act the land upon which an improvement is situated has been
subdivided in compliance with the Regulations and the Act, the sale,
rent, lease, or other conveyance of one or more parts of a building,
structure, or other improvement situated on one or more parcels
of land is not a division of land and is not subject to the terms
of these Regulations and the Act.
- Dwelling Unit. Any building or portion thereof providing complete,
independent and permanent living facilities for one family.
- Easement. A grant by a property owner to specific persons or
to the public a right to use land for a specific purpose or purposes,
in which said property owner agrees not to build, create or construct
any obstruction, building, engineering works or other structures
over, under, or that would interfere with said use.
- Engineer (Registered Professional Engineer). A person licensed
in conformance with the Montana Professional Engineers Registration
Act (sections 37-67-101 through 37-67-332, MCA) to practice engineering
in the state of Montana (engineer).
- Governing Body. Governing Body means the Belgrade City Council.
- Health Authorities. The Montana Department of Environmental Quality,
local health officer, local sanitarian, or other authorized representative.
- Irregularly Shaped Tract of Land. Means a parcel of land other
than a aliquot part of the United States Government survey section
or a United States Government lot, the boundaries or areas of which
cannot be determined without a survey or trigonometric calculation.
- Limited Access. A way or means of allowing physical entrance
to land at controlled locations or points. A “no-access”
strip or line may be placed on a plat as a means of limiting access.
- Limited Access Roadway. A road especially designed for through
traffic, over which abutting land owners have no right to direct
- Lot. A parcel, plot or other land area created by subdivision
for sale, lease, or rent.
- Lot Measurements:
- Lot Depth. The average distance from the front lot line to
the rear lot line.
- Lot Width. The average distance between side lot lines.
- Lot Frontage. The width of the front lot line.
- Lot Area. The area of a lot determined exclusive of highway,
alley, road, or other right-of-way.
- Lot Types:
- Corner Lot. A lot located at the intersection of two roads.
- Interior Lot. A lot with frontage on only one road.
- Double Frontage Lot. A lot with both front and rear lot lines
abuting a road.
- Minor Subdivision. A subdivision containing five or fewer parcels
where proper access to all lots is provided and where no land in
the subdivision will be dedicated to public use for parks or playgrounds.
- Mobile Home. Any dwelling unit over thirty-two feet (32’)
long and eight feet (8’) wide which is either wholly or substantially
manufactured at an off-site location, without permanent foundation,
and is constructed to be towed on its own chassis. This includes
a portable dwelling composed of a single unit or one or more components
that can be retracted for towing purposes and subsequently expanded
for additional capacity or two or more units separately towable
but designed to be joined into one integral unit.
- Mobile Home Lot. A designated portion of a mobile home park designed
for the accommodation of one mobile home and its accessory buildings
or structures for the exclusive use of the occupants.
- Mobile Home Park. A tract of land providing two or more mobile
home lots for lease or rent to the general public.
- Mobile Home Stand. That area of a mobile home lot which has been
prepared for the placement of a mobile home.
- Monument (Permanent Monument). Any structure of masonry, metal
or other permanent material placed in the ground which is exclusively
identifiable as a monument to a survey point, expressly placed for
surveying reference (ARM 8.94.3001).
- Open Space. A land or water area devoid of buildings and other
physical structures except where accessory to the provision of recreation.
- Ordinary High Water Mark. The line that water impresses on land
by covering it for sufficient periods to cause physical characteristics
that distinguish the area below the line from the area above it.
Characteristics of the area below the line include, when appropriate,
but are not limited to deprivation of the soil of substantially
all terrestrial vegetation and destruction of its agricultural vegetative
value. A floodplain adjacent to surface waters is not considered
to lie within the surface waters’ high-water marks (23-2-301
- Physical Access. Either a public road, maintained by Gallatin
County; or a road built to the standards of tables 1 and 2 of these
- Planned Unit Development (PUD). A land development project consisting
of residential clusters, industrial parks, shopping centers, office
buildings, parks, or any combination thereof which comprises a planned
mixture of land uses built in a pre-arranged relationship to each
other and having open space and community facilities in a common
ownership or use.
- Plat. A graphic representation of a subdivision showing the division
of land into lots, parcels, blocks, roads, and alleys, and other
divisions and dedications.
- Property Owner. Any person, firm, corporation or other entity
shown as being the legal owner of a tract, parcel or lot in the
records of the County Clerk and Recorder.
- Public Improvement. Any structure or facility constructed to
serve the residents of a subdivision or the general public such
as parks, roads, sidewalks, curbs, gutters, sewage disposal and
- Public Sewage System. A system for collection, transportation,
treatment and disposal of sewage designed to serve either 10 or
more living units for at least 60 days out of the calendar year,
or 25 or more persons at least 60 days out of the calendar year
(76-4-101 MCA and ARM 16.16.101).
- Public Water Supply System. A system for the provision of water
for human consumption from any community well, water hauler for
cisterns, water bottling plant, water dispenser or other water that
is designed to serve 10 or more living units for at least 60 days
out of the calendar year, or 25 or more persons at least 60 days
out of the calendar year (76-4-101 MCA and ARM 16.16.101).
- Recreational Vehicle Park. A place used for public camping where
persons can rent space to park individual camping trailers, pickup
campers, motor homes, travel trailers or automobiles for transient
- Right-of-Way. A strip of land dedicated or acquired for use as
a public way.
- Roadway. That portion of the road right-of-way which is improved
or is proposed to be improved to carry traffic and provide for the
on-road storage of automobiles; where curb is provided, the roadway
is measured from face-of-curb to face-of-curb.
- Road Types. For the purposes of these Regulations, road types
are defined as follows: (terms "street" and "road"
may be used interchangeably).
- Alley. A road used primarily for vehicular access to the
rear of properties which abut on and are served by public roads.
- Arterial. A road having the primary function of moving traffic
with emphasis on a high level of mobility for through movement
and the secondary function of providing limited access to adjacent
- Cul-de-sac. A road having only one outlet for vehicular traffic
and terminating in a turn-around area.
- Dead-End Roads. A road having only one outlet for vehicular
- Frontage Access (Service Road). A local or minor collector
road, usually parallel and adjacent to an arterial or major
collector road, which provides access to abutting properties
and control of traffic access to arterials or collectors.
- Half-Road. A portion of the width of a road, usually along
the outside perimeter of a subdivision, where the remaining
portion of the road must be located on adjacent property.
- Loop. A local road which begins and ends on the same road,
generally used for access to properties and controls traffic
access to arterials or collectors.
- Major Collector. A road that carries more than 300 trips
per day having the equally important functions of moving traffic
and providing access to adjacent land, including the principal
and secondary entrance roads of a residential development and
roads for circulation within a development.
- Minor Collector. A road that carries more than 100 trips
per day but less than 300 trips per day having the equally important
functions of providing access to adjacent land and moving traffic,
including roads for circulation within a development and entrance
roads of a residential development.
- Minor Roads. A road that carries less than 100 trips per
day having the primary function of serving abutting properties,
and the secondary function of moving traffic, including direct
access to abutting properties and roads for circulation within
- Public Road. A dedicated right-of-way or public road easement.
- Structure. A combination of materials to form a construction
for use, occupancy, or ornamentation whether installed on, or ornamentation
whether installed on, or below the surface of land or water.
- Subdivider. Any person, firm, or corporation, or other entity
who causes land to be subdivided or who proposes a subdivision of
- Subdivision. A division of land or land so divided, which creates
one or more parcels containing less than 160 acres that cannot be
described as a one-quarter aliquot part of a United States government
section, exclusive of public roadways, in order that the title to
or possession of the parcels may be sold, rented, leased, or otherwise
conveyed, and shall include any resubdivision; and shall further
include any condominium or area, regardless of its size, which provides
or will provide multiple space for recreational camping vehicles,
or mobile homes. A subdivision shall comprise only those parcels
less than 160 acres which have been segregated from the original
tract, and the plat thereof shall show all such parcels whether
contiguous or not. Provided, however, condominiums constructed on
land previously divided in compliance with the Montana Subdivision
and Platting Act are exempt from the provision of these Regulations
and the Act.
- Surveyor (Registered Land Surveyor). A person licensed in conformance
with the Montana Professional Engineers, Registration Act (Section
37-67-101 through 37-67-332, MCA) to practice surveying in the state
- Swale. A drainage channel or shallow depression designed to direct
surface water flow.
- Tract. Land area proposed to be subdivided.
- Tract of Record. A parcel of land, irrespective of ownership,
that can be identified by legal description, independent of any
other parcel of land, using documents on file in the records of
the County Clerk and Recorder's Office.
- Watercourse. Any natural stream, river, creek, drainage, waterway,
gully, ravine or wash in which water flows either continuously or
intermittently and has a definite channel, bed and banks, and includes
any area adjacent thereto subject to inundation by reason of overflow.
The term watercourse shall not be construed to mean any facility
created exclusively for the conveyance of irrigation water.