To All Potential Subdividers from the Board of County Commissioners of Prairie County:
Prairie County adopted subdivision regulations in 1993. The 2005 Montana State Legislature revised the
Montana Subdivision and Platting Act through Senate Bill 116. The County has revised their subdivision
regulations to be in compliance with changes made to this act, effective October 1, 2006.
Purpose of Subdivision Regulations
Prairie County has adopted subdivision regulations 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 for adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public requirements;
 require development in harmony with the natural environment;
 promote preservation of open space;
 promote cluster development approaches that minimize costs to local citizens and that
promote effective and efficient provisions of public services;
 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).

The subdivision regulations are intended to comply with Montana law, and to promote the orderly
development of Prairie County.
Frequently Asked Questions:
1.
Why would I need to be aware of subdivision regulations?
If you are planning to divide property so that it creates one or more parcels containing less than 160 acres
that cannot be described as a ¼ aliquot part. (76-3-103 (15) MCA
2.
Why can’t I just sell 60 acres to my neighbor?
Montana Law requires that before title to a tract of land less than 160 acres can be sold or transferred in
any manner, a subdivision plat must be filed for record with the county clerk and recorder. 76-3-301 (1)
MCA
3.
What would be my first step if I decide I want to subdivide?
Visit the clerk and recorder’s office at the courthouse and pick up a “subdivision application packet”.
4.
How long will the process take?
Once the completed subdivision plat application is submitted to the clerk and recorder’s office, the review
process will begin. For a minor subdivision (fewer than 6 lots), the review process should be completed
and final approval or denial by the commission given 35 days after submittal of the complete application.
For a major subdivision (6 or more lots), the review process and final approval or denial must be
completed within 60 days after submittal of the complete application.
5.
How much is this going to cost me?
Prairie County charges $150.00 for review of a minor subdivision, and $300.00 for review of a major
subdivision. There is also a $5.00 fee to record the final plat.
Other costs the subdivider could have include cost to have the survey done, consulting costs (if
applicable), and development costs if development of the lots is necessary.
A copy of the Prairie County Subdivision Regulations can be obtained for review at the clerk and recorder’s office. Anyone who is considering subdivision of property in Prairie County, or who has questions regarding
the subdivision procedure can contact Lisa Kimmet, Prairie County Clerk and Recorder, Quinn Haughian, Chair, Land Planning Board, or Bill Leach, Chair, Prairie County Commission
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.
PRAIRIE COUNTY SUBDIVISION APPLICATION PACKET
Attached is a Subdivision Plat Application form for Prairie County. Also attached are the following referenced
documents:
 Proposed timeline for the approval procedure
 List of public agencies or other entities that may be contacted for comment on the subdivision
application
 List of state laws, local regulations and growth policy provisions that may apply to the subdivision
application
 Evasion criteria checklist
 Uniform standards for certificate of survey checklist
 An application for review by the Montana Department of Environmental Quality (for any subdivision
with a tract of 20 acres or less) is available on the State of Montana website at
http://www.deq.mt.gov/wqinfo/Sub/04_sub_review_forms.asp
If the transaction will be a Major Subdivision (6 or more lots), additional paperwork will be required and
additional costs including consultant costs may be assessed.
The preliminary plat, application form and required supplements, subdivision guarantee, and review fees,
must be submitted to the Clerk & Recorder before the review process can begin. The application must be complete
including any required supplements and/or revisions to the application and must be submitted to the Clerk &
Recorder before final approval will be given.
REVIEW FEES:
$150.00
$300.00
minor subdivision (5 or fewer lots)
major subdivision (6 or more lots)
If the transaction is exempt from subdivision review, the certificate of survey must contain an affidavit
affirming entitlement to the claimed exemption. Exemptions may be claimed for:
Court order
76-3-201 (1) MCA
Mortgage exemption
76-3-201 (2)
Life Estate
76-3-201 (5)
Relocation of common boundary
76-3-207 (a)
Family conveyance
76-3-207 (b)
Agricultural exemption
76-3-207 (c)
Occasional sale (prior to 4/1996)
76-3-207 (d)
Aggregation of lots
76-3-207 (e)
A copy of Prairie County Subdivision Regulations will be provided upon request at a cost of $10.00.
For further information contact:
Lisa Kimmet
Clerk & Recorder
635-5575 (phone)
635-5576 (fax)
clerkrecorder@prairie.mt.gov
Erin Inman
County Attorney
635-4529 (phone)
635-5472 (fax)
Dennis Snow
County Sanitarian
377-5772 (phone)
377-2022 (fax)
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Prairie County Subdivision Application
REVIEW TIMELINE
Starts AFTER the completed application is submitted to the subdivision administrator
Day No.
MINOR SUBDIVISION
MAJOR SUBDIVISION
Initial contact, obtain local regulations
Initial contact, obtain local regulations
Pre-application conference
(see section II-A-4)
Pre-application conference
(see section II-A-4)
Submit preliminary plat application
(review period begins when application
is complete)
Submit preliminary plat application
(review period begins when application
is complete)
1
On-site visit and review by subdivision
administrator
On-site visit and review by subdivision
administrator
10
Subdivision administrator prepares
written report and draft Findings of
Subdivision administrator schedules public
hearing, publishes and mails notice of
hearing
Fact
15
Subdivision administrator drafts Findings
of Fact
20
Planning Board reviews, makes
recommendation
35
Governing body acts to approve, deny
or conditionally approve subdivision
60
Planning Board holds public hearing,
makes recommendation
Governing body acts to approve, deny
or conditionally approve subdivision
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Prairie County Subdivision Application
List of entities that may be contacted for comment on proposed subdivision application per 76-3-504 (q) (iii)
MCA
Federal
1.
2.
3.
4.
Bureau of Land Management
U.S. Fish and Wildlife Service
Bureau of Reclamation
U.S. Postal Service
1.
2.
3.
4.
5.
6.
Montana Department of Fish, Wildlife and Parks
Montana Department of Transportation
Montana Department of Environmental Quality
Montana Department of Natural Resources and Conservation
Montana Department of Public Health and Human Services
Montana Department of Commerce
State
County
1.
2.
3.
4.
5.
6.
Prairie County Sanitarian
Prairie County Road Department
Prairie County Fire Warden
Prairie County Public Safety
Prairie County Rural Fire Districts
Prairie County Ambulance Service
Other Local Government
1.
2.
3.
4.
Town of Terry
School District #5, Terry
Prairie County Medical Center
Buffalo Rapids Irrigation District
Other Entities
1.
2.
Applicable utility providers
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PRAIRIE COUNTY SUBDIVISION APPLICATION
Pre-Application Compliance List
Prairie County will review the proposed subdivision for compliance with the provisions found in the following
state laws, local regulations and policies.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Montana’s Subdivision and Surveying Laws and Regulations – Title 76, Chapter 5
Montana’s Sanitation in Subdivision Laws and Regulations – Title 76, Chapter 4
Montana’s Department of Environmental Quality Administrative Rules for the Montana
Sanitation in Subdivisions Act
Montana Department of Commerce Administrative Rules for the Corner Recordation Act
Prairie County Subdivision Regulations (adopted November 1993, adopted revised September
2006)
Prairie County Sanitation Regulations
Prairie County Floodplain Regulations
Prairie County Zoning Regulations
Prairie County Growth Policy (adopted September 2006)
Montana Code Annotated: http://data.opi.state.mt.us/bills/mca_toc/index.htm
A copy of the Prairie County Subdivision Regulations and/or Prairie County Growth Policy will be
provided at a cost of $10.00 each.
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PRAIRIE COUNTY SUBDIVISION PLAT APPLICATION FORM
Minor Subdivision – 6 or fewer lots
Please Note:
Review of the subdivision will not begin until this Application Form, along with all applicable
attachments and review fee(s) are submitted to the Prairie County Clerk and Recorder’s office.
1.
Name, address, and contact information of landowner/subdivider:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
2.
Name of development (if any)_______________________________________
3.
Descriptive Data:
a)
b)
c)
d)
4.
Total area in acres ____________________
Number of lots or rental spaces___________
Minimum and maximum sizes of lots or spaces ____________
Indicate the proposed uses(s) and number of lots or spaces in each:
____________residential, single family
____________residential, multiple family
____________planned development unit (# of units)
____________recreational or second home
____________mobile home park
____________recreation vehicle park
____________commercial or industrial
____________other (please describe)____________________________
Physical Conditions:
Provide the following information regarding the subdivision:
a) Current land use ______________________________________________
b) Existing zoning or other regulations________________________________
c) Depth to ground water at time of year when water table is nearest the natural ground
surface within the drain field area __________________________________
d) Depth to bedrock or other impervious material in the drain field area_______
5.
List of materials submitted with this application:
The following materials are required, unless this is a 1-lot minor subdivision
or unless the proposed subdivision is exempt (exemption must be listed). If
item is not applicable to this application, please note so on the blank preceding
the item number.
_____ 1.
Plat (3 copies) with title block “Subdivision Plat NO.______”
_____ 2.
Vicinity sketch showing conditions including:
i. the names of platted subdivisions and numbers of certificates of survey previously
recorded
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ii. The ownership of lands adjacent to the exterior boundaries of the subdivision and to
any access road leading from a present public right-of-way to the boundary of the
proposed subdivision
iii. Location of any buildings, railroads, power lines, towers, roads and other land uses.
iv. Any exiting or proposed zoning
v. Lands separated from the exterior boundary of the subdivision by public or private
rights-of-way are deemed to be adjacent for the purpose of this requirement
_____ 3.
Lists of names and addresses of owners of record of adjacent property
_____ 4.
Copies of easements or proposed easements to provide legal access to the subdivision
_____ 5.
Topographic map showing location of subdivision and road access
_____ 7.
Evidence of legal and physical access, including appropriate easements and necessary
utility easements
_____ 8.
Subdivision Guaranty or Title Commitment
_____ 9.
Evidence of notification of proposed subdivision to irrigation district (if applicable)
_____ 10.
An overall development plan if tract is to be developed in phases
_____ 11.
Drafts of any covenants and restrictions to be included in deeds or contracts
_____ 12.
Property Owner’s Association covenants and restrictions (if applicable)
_____ 14.
Drafts of public improvements agreement and guaranty (if applicable)
_____ 15.
An environmental assessment unless the subdivider has been exempted
provisions of the Regulations (M.C.A. 76-3-201)
_____ 16.
Proposed road plans and profiles, if any.
_____ 17.
Approach/access/encroachment permits from MT Dept of Transportation or local
jurisdiction.
_____ 18.
FIRM or FEMA panel map and letter identifying floodplain status.
_____ 19.
Required water and sanitation information.
_____ 20.
Letter requesting revocation of agricultural covenants.
_____ 21.
Letter indicating locations of cultural or historic resources.
_____ 22.
Variance request or approval.
under the
I do hereby affirm that the statements and information contained in all exhibits transmitted herewith are true and
correct.
I hereby apply to the Prairie County Commission for approval of the preliminary plat of
the______________________________________________________subdivision.
Dated this ___________day of __________________, 20____
________________________________________________
Signature of Sudivider
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