Exemption Review

This sheet is intended to give an overview of the process Lake County uses to ensure certain exempt divisions of land comply with Section III of exempt divisions the Lake County Subdivision Regulations (Resolution Number 10-15) and the Montana Subdivision and Platting Act (MCA 76-3).

On July 2, 2013, the Board of Lake County Commissioners decided on procedural changes to the exemption review process. Through these changes, the committee known as the Exemption Review Committee was rescinded. However, the "designated agents", still comprised of the county officials described by Chapter III of the subdivision regulations (County Attorney, Clerk and Recorder, Sanitarian, Treasurer, and subdivision administrator), must still perform the functions outlined by the subdivision regulations, as applicable. For most exemptions, the revised process is standard and follows the following basic steps, while family transfer applications require special considerations per the subdivision regulations, as described specifically below.

The following process is to be followed for exemption applications:

• Exemption Claim Application is submitted to the Lake County Planning Department.
• Lake County Planning Department distributes applications to designated agents of the governing body. Transmittals of family transfer applications clearly state they are family transfer applications.
• Subdivision administrator obtains comments from the designated agents of the governing body.
  For family transfers
  • Lake County Planning Department sets meeting with applicants/agents and designated agents of the governing body per III.D.2.b of the subdivision regulations to discuss the use of the exemption.
  • Lake County Planning Department notifies applicants and agents before meeting criteria and/or concerns so additional documentation can be brought to the meeting.
  • The applicants meet with the subdivision administrator/designated agents to discuss the use of the exemption, the application, any determinations of the designated agents, and how the exemption appears to fit with the regulations and the evasion criteria.
• Lake County Planning Department notifies the applicants of the determinations of the designated agents and issues Lake County's decision to approve or deny the proposed exemption. Any denial includes a description of appeal process.
• Any appeal is set with the Board of Lake County Commissioners in accordance with Chapter III of the subdivision regulations.

Notes

• In all instances, Lake County will comply with time requirements in regulations.
• Designated agents will only be responsible for making determinations as to the parts of the application that relate to each individual's position.