Montana Provisions Which May Be Added to a Division Or Transfer Order

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Control #:
US-OG-325
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These provisions, when added to a Division/Transfer Order, provide the disbursing company some protection in making payments in a manner that may not be consistent with record ownership.
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FAQ

In Montana, a subdivision is any division of land that creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a US government section so that the parcel may be sold or otherwise transferred.

Montana Sanitation in Subdivisions Act (MSSA) In addition to state regulation requirements, subdivision proposals must also meet local wastewater treatment regulations, which may be more stringent than minimum state standards.

The Montana Subdivision and Platting Act regulates the division of land that creates one or more parcels of less than 160 acres. State law requires that local jurisdictions cannot be more restrictive than the state1.

A Division order is an instrument that records an owner's interest in a specific well. It should include the name of the well, the well number, interest type, and your decimal interest.

Application Requirements An applicant planning to subdivide land must submit a completed subdivision application form, supporting information (see ARM 17.36. 103), and public comment collected by the governing body regarding water and sanitation information to the DEQ.

The Subdivision and Platting Act originally stated that divisions of land into parcels of 10 acres or less, condominiums, and mobile home and recreational vehicle parks would be known as subdivisions and had to be reviewed and approved by the local governing body (11-3861 (12) R.C.M. 1947 (1973)).

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Montana Provisions Which May Be Added to a Division Or Transfer Order