- 7 - 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 (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011