Montana Code Annotated

Mont. Code Ann. § 76-3-103 (2026)

Definitions

✓ current as of May 2026

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TITLE 76. LAND RESOURCES AND USE

CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS

Part 1. General Provisions

Definitions

76-3-103. Definitions. As used in this chapter, unless the context or subject matter clearly requires otherwise, the following definitions apply:

(1) "Certificate of survey" means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations.

(2) "Cluster development" means a subdivision with lots clustered in a group of five or more lots that is designed to concentrate building sites on smaller lots in order to reduce capital and maintenance costs for infrastructure through the use of concentrated public services and utilities, while allowing other lands to remain undeveloped.

(3) "Dedication" means the deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted.

(4) "Division of land" means 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 a portion of the tract or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to this chapter. The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a division of land.

(5) "Eligible county water and/or sewer district" means a county water district, a county sewer district, or a county water and sewer district that:

(a) is incorporated under 7-13-2203;

(b) is operated in compliance with Title 75, chapters 5 and 6; and

(6) "Examining land surveyor" means a registered land surveyor appointed by the governing body to review surveys and plats submitted for filing.

(7) "Final plat" means the final drawing of the subdivision and dedication required by this chapter to be prepared for filing for record with the county clerk and recorder and containing all elements and requirements set forth in this chapter and in regulations adopted pursuant to this chapter.

(8) "Governing body" means a board of county commissioners or the governing authority of a city or town organized pursuant to law.

(9) "Homeowners' association" means an association of all the owners of real property within a geographic area defined by physical boundaries that:

(a) is formally governed by a declaration of covenants, bylaws, or both;

(b) may be authorized to impose assessments that, if unpaid, may become a lien on a member's real property; and

(10) "Immediate family" means a spouse, children by blood or adoption, and parents.

(11) "Minor subdivision" means a subdivision that creates five or fewer lots from a tract of record.

(12) "Phased development" means a subdivision application and preliminary plat that at the time of submission consists of independently platted development phases that are scheduled for review on a schedule proposed by the subdivider.

(13) "Planned unit development" means a land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks that compose a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in common ownership or use.

(14) "Plat" means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications.

(15) "Preliminary plat" means a neat and scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a governing body.

(16) "Public utility" has the meaning provided in 69-3-101, except that for the purposes of this chapter, the term includes county or consolidated city and county water or sewer districts as provided for in Title 7, chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44.

(17) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision of land.

(18) "Subdivision" means a division of land or land so divided that it 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 the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium.

(19) (a) "Tract of record" means an individual 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.

(b) Each individual tract of record continues to be an individual parcel of land unless the owner of the parcel has joined it with other contiguous parcels by filing with the county clerk and recorder:

(i) an instrument of conveyance in which the aggregated parcels have been assigned a legal description that describes the resulting single parcel and in which the owner expressly declares the owner's intention that the tracts be merged; or

(ii) a certificate of survey or subdivision plat that shows that the boundaries of the original parcels have been expunged and depicts the boundaries of the larger aggregate parcel.

(c) An instrument of conveyance does not merge parcels of land under subsection (19)(b)(i) unless the instrument states, "This instrument is intended to merge individual parcels of land to form the aggregate parcel(s) described in this instrument" or a similar statement, in addition to the legal description of the aggregate parcels, clearly expressing the owner's intent to effect a merger of parcels.

History: En. Sec. 3, Ch. 500, L. 1973; amd. Sec. 1, Ch. 334, L. 1974; amd. Sec. 2, Ch. 498, L. 1975; R.C.M. 1947, 11-3861(part); amd. Sec. 140, Ch. 370, L. 1987; amd. Sec. 2, Ch. 272, L. 1993; amd. Sec. 1, Ch. 503, L. 1997; amd. Sec. 3, Ch. 348, L. 2001; amd. Sec. 1, Ch. 298, L. 2005; amd. Sec. 10, Ch. 214, L. 2011; amd. Sec. 9, Ch. 379, L. 2013; amd. Sec. 2, Ch. 363, L. 2017; amd. Sec. 2, Ch. 187, L. 2025; amd. Sec. 4, Ch. 486, L. 2025; amd. Sec. 1, Ch. 589, L. 2025.

Notes of Decisions

Cited in 35 cases (3 in the last 5 years), 1979–2024 · leading case: Bache v. Owens, 883 P.2d 817 (Mont. 1994).

Sort: Relevance Newest Treatment

Bache v. Owens, 883 P.2d 817 (Mont. 1994). · cites it 24× “"Plat" is defined for purposes of the Act at § 76-3-103(9), MCA: "Plat" means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications.”

Elk Park Ranch, Inc. v. Park Cnty., 935 P.2d 1131 (Mont. 1997). · cites it 16× “The pertinent sections of the amended Subdivision Act that define a subdivision and that are material and relevant to this case are: Section 76-3-103(14), MCA. “Subdivision” means a division of land or land so divided that creates one or more parcels containing less than 160…”

Erker v. Kester, 1999 MT 231 (Mont. 1999). · cites it 7× “¶33 Section 76-3-103(1), MCA, which is part of The Montana Subdivision and Platting Act, Title 76, Ch.”

Skinner Enter., Inc. v. Lewis & Clark Cnty. Bd. of Health, 950 P.2d 733 (Mont. 1997). · cites it 10× “Section 76-3-103(6), MCA, however, specifically defines a governing body as "a board of county commissioners or the governing authority of a city or town organized pursuant to law.”

Brad v. City of Missoula, 2009 MT 417 (Mont. 2009). · cites it 3× “Section 76-3-207(1), MCA. The exemptions pertinent to this case state that “unless the method of disposition is adopted for the purpose of evading [the MSPA]” a division of land for the “relocation of common boundaries and the aggregation of lots” is not subject to review under…”

Pearson v. Virginia City Ranches Ass'n, 2000 MT 12 (Mont. 2000). · cites it 4× “2d 817, 821 , we stated the following: [T]he idea that a map or plat incorporated into an instrument of conveyance can establish an easement predates the definition of "plat" in § 76-3-103(9), MCA [of the Montana Subdivision and Platting Act].”

Hudson v. Irwin, 2018 MT 8 (Mont. 2018). · cites it 3× “Holding otherwise would 3 Because the parcels were larger than twenty acres in size when the development was created in 1976, the development did not have to comply with the review requirements of the Montana Subdivision and Platting Act at that time.”

Boyne USA, Inc. v. Spanish Peaks Dev., LLC, 2013 MT 1 (Mont. 2013). · cites it 3× “Section 76-3-103, MCA; § 76-3-104, MCA. Boyne’s lawyer for the Purchase and Sale Agreement testified at trial that Boyne had transferred the 25 acres at the same time as the property transfer under the Purchase and Sale Agreement to help SPH evade subdivision review.”

Broadwater Dev., L.L.C. v. Nelson, 2009 MT 317 (Mont. 2009). · cites it 2× “Notably, the document bears the indicia of a certificate of survey in that it contains “a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations,” § 76-3-103(1), MCA; and as we have previously observed, if…”

Hampton v. Lewis & Clark Cnty., 2001 MT 81 (Mont. 2001). · cites it 4× “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…”

Walker v. Phillips, 427 P.3d 92 (Mont. 2018). · cites it 3× “" Section 76-3-103(1), MCA. Certificates of survey are governed by the Uniform Standards for Certificates *99 of Survey of the Administrative Rules of Montana.”

Spain-Morrow Ranch, Inc. v. West, 872 P.2d 330 (Mont. 1994). · cites it 2× “” Wests argue that since the parcel in question contains less than 20 acres, it is a subdivision according to § 76-3-103(14), MCA, of the Montana Subdivision and Platting Act, and that since it was used as a railroad right-of-way, it *445 is commercial property.”

Show all 35 citing cases →

— Mont. Code Ann. § 76-3-103(1) — 12 cases

Bache v. Owens, 883 P.2d 817 (Mont. 1994). “"Plat" is defined for purposes of the Act at § 76-3-103(9), MCA: "Plat" means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications.”

Erker v. Kester, 1999 MT 231 (Mont. 1999). “¶33 Section 76-3-103(1), MCA, which is part of The Montana Subdivision and Platting Act, Title 76, Ch.”

Broadwater Dev., L.L.C. v. Nelson, 2009 MT 317 (Mont. 2009). “Notably, the document bears the indicia of a certificate of survey in that it contains “a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations,” § 76-3-103(1), MCA; and as we have previously observed, if…”

Walker v. Phillips, 427 P.3d 92 (Mont. 2018). “" Section 76-3-103(1), MCA. Certificates of survey are governed by the Uniform Standards for Certificates *99 of Survey of the Administrative Rules of Montana.”

O'Keefe v. Hoa, 446 P.3d 509 (Mont. 2019).

— Mont. Code Ann. § 76-3-103(11) — 1 case

Hudson v. Irwin, 2018 MT 8 (Mont. 2018). “Holding otherwise would 3 Because the parcels were larger than twenty acres in size when the development was created in 1976, the development did not have to comply with the review requirements of the Montana Subdivision and Platting Act at that time.”

— Mont. Code Ann. § 76-3-103(14) — 3 cases

Elk Park Ranch, Inc. v. Park Cnty., 935 P.2d 1131 (Mont. 1997). “The pertinent sections of the amended Subdivision Act that define a subdivision and that are material and relevant to this case are: Section 76-3-103(14), MCA. “Subdivision” means a division of land or land so divided that creates one or more parcels containing less than 160…”

Spain-Morrow Ranch, Inc. v. West, 872 P.2d 330 (Mont. 1994). “” Wests argue that since the parcel in question contains less than 20 acres, it is a subdivision according to § 76-3-103(14), MCA, of the Montana Subdivision and Platting Act, and that since it was used as a railroad right-of-way, it *445 is commercial property.”

NFC Partners v. Stanchfield Cattle Co., 905 P.2d 1106 (Mont. 1995).

— Mont. Code Ann. § 76-3-103(15) — 11 cases

Thornton v. Flathead Cnty., 2009 MT 367 (Mont. 2009).

Mills v. Alta Vista Ranch, LLC, 2008 MT 214 (Mont. 2008).

Young v. Flathead Cnty., 757 P.2d 772 (Mont. 1988).

Scherpenseel v. Bitney, 865 P.2d 1145 (Mont. 1993).

— Mont. Code Ann. § 76-3-103(16) — 3 cases

Brad v. City of Missoula, 2009 MT 417 (Mont. 2009). “Section 76-3-207(1), MCA. The exemptions pertinent to this case state that “unless the method of disposition is adopted for the purpose of evading [the MSPA]” a division of land for the “relocation of common boundaries and the aggregation of lots” is not subject to review under…”

Erker v. Kester, 1999 MT 231 (Mont. 1999). “¶33 Section 76-3-103(1), MCA, which is part of The Montana Subdivision and Platting Act, Title 76, Ch.”

Braach v. Missoula Cnty. Clerk &, 2013 MT 49N (Mont. 2013).

— Mont. Code Ann. § 76-3-103(16)(b)(ii) — 1 case

Erker v. Kester, 1999 MT 231 (Mont. 1999). “¶33 Section 76-3-103(1), MCA, which is part of The Montana Subdivision and Platting Act, Title 76, Ch.”

— Mont. Code Ann. § 76-3-103(3) — 5 cases

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…”

Rocky Mountain Timberlands, Inc. v. Lund, 877 P.2d 1018 (Mont. 1994).

Timberland Resources, Inc. v. Vaught, 738 P.2d 1277 (Mont. 1987).

NFC Partners v. Stanchfield Cattle Co., 905 P.2d 1106 (Mont. 1995).

— Mont. Code Ann. § 76-3-103(4) — 1 case

Ash v. Merlette, 2017 MT 305 (Mont. 2017).

— Mont. Code Ann. § 76-3-103(6) — 1 case

Skinner Enter., Inc. v. Lewis & Clark Cnty. Bd. of Health, 950 P.2d 733 (Mont. 1997). “Section 76-3-103(6), MCA, however, specifically defines a governing body as "a board of county commissioners or the governing authority of a city or town organized pursuant to law.”

— Mont. Code Ann. § 76-3-103(7) — 5 cases

State Ex Rel. Leach v. Visser, 767 P.2d 858 (Mont. 1988).

State Ex Rel. Dreher v. Fuller, 849 P.2d 1045 (Mont. 1993).

Carter v. Badrock RFD, 2021 MT 28 (Mont. 2021).

State ex rel. Dep't of Health & Env't Sciences v. Lasorte, 596 P.2d 477 (Mont. 1979).

State Ex Rel. Dept. of Health, Etc. v. Lasorte, 596 P.2d 477 (Mont. 1979).

— Mont. Code Ann. § 76-3-103(9) — 4 cases

Pearson v. Virginia City Ranches Ass'n, 2000 MT 12 (Mont. 2000). “2d 817, 821 , we stated the following: [T]he idea that a map or plat incorporated into an instrument of conveyance can establish an easement predates the definition of "plat" in § 76-3-103(9), MCA [of the Montana Subdivision and Platting Act].”

State ex rel. Dep't of Health & Env't Sciences v. Lasorte, 596 P.2d 477 (Mont. 1979).

State Ex Rel. Dept. of Health, Etc. v. Lasorte, 596 P.2d 477 (Mont. 1979).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.