Land Use Regulations Series – Did You Know?

Richland County is enriched with a vast number of farms that are also located in the irrigated valley along the county’s eastern boundary. Throughout Richland County the majority of the land is agricultural.

Over the years many parcels or lots were created using an agricultural exemption from Montana’s subdivision laws. Why? Because an agricultural exemption is a quick and easy way to divide off a parcel. However, to use the agricultural exemption, agricultural covenants are placed on these parcels.

Agricultural covenants are placed on the parcels pursuant to State statute Title 76 “Land Resources and Use” Chapter 3 “Local Regulations of Subdivision” Part 207(1)(c) “to divisions made outside of platted subdivisions by gift, sale, or agreement to buy and sell in which the parties to the transaction enter a covenant running with the land and revocable only by mutual consent of the governing body and the property owner that the divided land will be used exclusively for agricultural purposes”.

Prior to development or construction of a parcel you will need to find out whether or not the parcel has an agricultural covenant due to the fact that these parcels can only be used exclusively for agricultural purposes.

If the parcel has an agricultural covenant, in order to change the land use it will need to go through the subdivision review process. Pursuant to State statute Title 76 “Land Resources and Use” Chapter 3 “Local Regulations of Subdivision” Part 207(2)(b) “a change in use of the land exempted under subsection (1)(c) for anything other than agricultural purposes subjects the division to review under parts 5 and 6 of this chapter”.

Part 5 outlines the process and requirements the local government follows to adopt subdivision regulations. Part 6 outlines the subdivision review process.

The Richland County Subdivision Regulations as adopted by the Board of Richland County Commission are available at the Office of Richland County Planner and on the Richland County website at http://www.richland.org.

The County Planner Office will be releasing a series of land use articles to provide the public with information relating to the land use requirements and regulations. For more information or assistance contact the office at 123 W Main ST, Sidney, MT 59270 or call (406) 433-6886.