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Board reviews proposed certificate-of-survey affidavit tied to two-year transfer rule
Summary
Staff presented a draft affidavit for certificate-of-survey reviews that the state's attorney recommended to prevent rapid family transfers; the provision would reinforce a two‑year transfer limitation cited in state law.
Planning staff (S3) introduced a proposed certificate-of-survey family transfer affidavit recommended by the county attorney to prevent repeated short-interval transfers of land within families. Staff described the affidavit as a form that landowners would sign at the beginning of the review process so applicants understand relevant rules.
S3 said the affidavit is intended to prevent schemes in which the same parcel is family transferred many times without triggering subdivision requirements, describing an example from another Montana county where many transfers occurred. "The state's attorney has recommended that every county throw this into their subdivision regulations for protection," S3 said. Staff advised the board to review the draft at the next meeting before making a recommendation to the commissioners.
Board members asked staff to confirm whether the two-year limitation is required by state law or optional in local adoption. Staff committed to verifying the statutory basis and returning with a clear recommendation at the next meeting.
