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Bill would allow annexation to revoke agricultural covenant without separate subdivision review
Summary
Sen. Forrest Mandeville proposed allowing municipal annexation to lift an agricultural covenant on subdivided land, so land annexed into a city could have the covenant revoked as part of the annexation process rather than undergoing separate subdivision review.
Sen. Forrest Mandeville introduced Senate Bill 275 to permit the revocation of an agricultural covenant on land when that land is annexed into a municipality, rather than requiring a separate subdivision review.
Under current law, landowners sometimes use an agricultural covenant to divide property and avoid subdivision review; if the owner later seeks to use the parcel for nonagricultural purposes they must revoke the covenant, typically through subdivision review. Mandeville said annexation already subjects property to municipal zoning and service reviews and that requiring an additional subdivision proceeding can be duplicative. "As if the city is going through the process to annex land, they can revoke that agricultural covenant in conjunction with the annexation," he said.
The Montana Association of Planners supported the proposal, which the sponsor said responded to real-world situations where annexation applicants were told they also needed subdivision review to lift a covenant. Committee members asked whether the bill would change annexation notice requirements; Mandeville said it would not alter existing annexation statute or local notice practices.
No formal opponents signed up for the hearing. The committee heard the bill and questions from members, including Vice Chair France and Representative Overstreet, but took no final vote during the hearing.
