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. § 76-3-104 (2026)

What Constitutes Subdivision

✓ laws through the 2025 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 3
  4. Part 1
  5. 76-3-104 What constitutes subdivision

TITLE 76. LAND RESOURCES AND USE

CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS

Part 1. General Provisions

What Constitutes Subdivision

76-3-104. What constitutes subdivision. A subdivision comprises only those parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section when the parcels have been segregated from the original tract. The subdivision plat must show all the parcels whether contiguous or not.

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. 3, Ch. 272, L. 1993.

Notes of Decisions
Cited in 8 cases, 1983–2013 · leading case: Brad v. City of Missoula, 2009 MT 417, 221 P.3d 1200.
Sort: Relevance Newest Treatment
Brad v. City of Missoula, 2009 MT 417, 221 P.3d 1200. · cites it 3× “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 the MSPA.”
Elk Park Ranch, Inc. v. Park Cnty., 935 P.2d 1131 (Mont. 1997). · cites it 3× “Section 76-3-104, MCA. What constitutes subdivision.”
Boyne USA, Inc. v. Spanish Peaks Dev., LLC, 2013 MT 1, 292 P.3d 432. · cites it 2× “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.”
Yellowstone II Dev. Grp., Inc. v. First Am. Title Ins., 2001 MT 41, 20 P.3d 755. · cites it 2× “2d at 1133 ; § 76-3-104, MCA. The one-party deeds at issue in Elk Park resulted from an attempt by Elk Park to record several sections worth of separate; 20-acre parcels prior to the effective date in 1993.”
Riverview Homes, II, Ltd. v. Canton, 2001 MT 309, 38 P.3d 848. · cites it 2× “See §§ 76-3-104, -301, -302, MCA. However, pursuant to § 76-3-201(1)(b), MCA, certain divisions of land are exempted: Exemption for certain divisions of land.”
McDonald v. Jones, 852 P.2d 588 (Mont. 1993). · cites it 3× “Jones’ warranty deed to Ownership was an attempt to subdivide a parcel of land by segregating a two-acre parcel from the original 12.”
Myers v. Vincent, 2004 MT 176N. · cites it 3× “” Section 76-3-104, MCA. This chapter does not apply though “to any division of land that: (a) is created by order of any court of record in this state .”
Huttinga v. Pringle, 668 P.2d 1068 (Mont. 1983). · cites it 6× “Under section 76-3-104, MCA, a subdivision comprises a parcel less than 20 acres which has been separated from the original tract.”
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.