Mont. Code Ann. » TITLE 76. LAND RESOURCES AND USE · CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 76-3-101 (2026)

Short Title

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 3
  4. Part 1
  5. 76-3-101 Short title

TITLE 76. LAND RESOURCES AND USE

CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS

Part 1. General Provisions

Short Title

76-3-101. Short title. This chapter may be cited as the "Montana Subdivision and Platting Act".

History: En. Sec. 1, Ch. 500, L. 1973; R.C.M. 1947, 11-3859.

Notes of Decisions
Cited in 22 cases, 1979–2018 · leading case: Hudson v. Irwin, 2018 MT 8 (Mont. 2018).
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Hudson v. Irwin, 2018 MT 8 (Mont. 2018). · cites it 3× “Section 76-3-101, MCA. Developments such as the one in this case are now generally considered to be “planned unit developments.”
Halverson v. Turner, 885 P.2d 1285 (Mont. 1994). · cites it 2× “" Under the provisions of the Montana Subdivision and Platting Act, §§ 76-3-101 to -614, MCA, there is a significant difference between certificates of survey and plats, although both "certificates of survey" and "official plats" are filed in the office of the clerk and recorder.”
Burleson v. Kinsey-Cartwright, 2000 MT 278 (Mont. 2000). · cites it 3× “1 ¶22 As to Appellant’s protestations regarding the lack of recording of the plat, we note that the platting and road construction took place prior to the legislative revisions to the Montana Subdivision and Platting Act (Section 76-3-101, MCA), which took effect on July 1,…”
Rohrer v. Knudson, 2009 MT 35 (Mont. 2009). “¶9 Development of Block 22 in the mid-1990s was formally reviewed under the Montana Subdivision and Platting Act, §§ 76-3-101 through -625, MCA. A joint City/County Planning Board approved development subject to several conditions, including requiring Knudson to submit to the…”
City of Kalispell v. Flathead Cnty., 859 P.2d 458 (Mont. 1993). · cites it 5× “Notwithstanding, in affirming the dismissal of the complaint by the district court for failure to state a claim, we held that there is no appeal process from the approval of a preliminary platunder !j 76-2-110, MCA, (planning and zoning), under §§ 76-3-101, MCA, et. seq., (The…”
Skinner Enter., Inc. v. Lewis & Clark Cnty. Bd. of Health, 950 P.2d 733 (Mont. 1997). · cites it 2× “The court then turned to the Montana Subdivision and Platting Act, codified at §§ 76-3-101 through -625, MCA, and held it authorizes local boards of health to regulate sewage disposal in subdivisions of any size.”
State ex rel. Dep't of Health & Env't Sciences v. Lasorte, 596 P.2d 477 (Mont. 1979). · cites it 6× “1947, now section 76-3-101 et seq. MCA, and the Sanitation in Subdivisions Act, section 69-5001 et seq.”
Sourdough Prot. Ass'n v. Bd. of Cnty. Commissioners, 833 P.2d 207 (Mont. 1992). · cites it 2× “The purpose of the Act is to "promote the public health, safety, and general welfare by regulating the subdivision of land ; ... ." Section 76-3-102, MCA (emphasis added).”
Elk Park Ranch, Inc. v. Park Cnty., 935 P.2d 1131 (Mont. 1997). “Effective on April 6,1993, the legislature of the State of Montana amended the Subdivision Act, found at § 76-3-101, et. seq., MCA. One *158 such amendment changed the definition of what constitutes a subdivision in the State of Montana.”
Yellowstone II Dev. Grp., Inc. v. First Am. Title Ins., 2001 MT 41 (Mont. 2001). “1 Effective on April 6,1993, the Legislature amended the Montana Subdivision and Platting Act, §§ 76-3-101 through 625, MCA. The definition of what constitutes a subdivision in the State of Montana was amended from less than 20 acres to less than 160 acres, when parcels are…”
City of Billings v. Pub. Serv. Comm'n, 631 P.2d 1295 (Mont. 1981). “The City next contends that the statutes on annexation, section 7-13-4314, MCA; subdivisions, sections 76-3-101 et seq., MCA; and zoning, section 76-1-101 et seq.”
Hampton v. Lewis & Clark Cnty., 2001 MT 81 (Mont. 2001). “Under § 76-3-103(3), MCA, a “division of land” means the segregation of one or more parcels of land from a larger tract-held in single or undivided ownership-by (1) transferring or contracting to transfer title to or possession of a portion of the tract; or (2) properly filing a…”
Show all 22 citing cases →
— Mont. Code Ann. § 76-3-101(15) — 1 case
Mills v. Alta Vista Ranch, LLC, 2008 MT 214 (Mont. 2008).
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