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The property is subject to no zoning restrictions but is
governed by the Sweet Grass County Master Plan of the Upper
Boulder River Planning Area Growth Policy (Growth Policy). The
Growth Policy discourages subdivisions of six or more lots.6
Under Montana law, petitioner's property could be divided into
two 160-acre parcels without prior county approval. Then,
pursuant to the Growth Policy, the two 160-acre parcels may be
divisible into 5 parcels, respectively, for a total of 10
parcels. Although petitioner's property may be divisible in this
manner, the development potential of petitioner's property was
not known at the time it became encumbered with the MLR easement.
The development potential would not be known unless and until
petitioner presented a request for a proposed subdivision to
Sweet Grass County for approval. In the absence of such
approval, petitioner's property could be divided into five
parcels of 40 acres or more without violating any of the
published policies of the Growth Policy.7
6In this regard, the Growth Policy states:
2. Major subdivisions (six or more lots).
Subdivisions may impair the local canyon character and
influence general social change. The board feels that
the desires of area residents are to maintain the local
character, generally excluding major subdivisions.
7The Growth Policy describes three general land use
categories: Suburban residential, rural residential, and open
and resource land. Suburban residential has a maximum density of
one dwelling per acre. Rural residential property has a maximum
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Last modified: May 25, 2011