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Missoula County Subdivision Regulations: Agricultural Covenant Lifting Criteria

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Missoula County Subdivision Regulations Section permits landowners to create a parcel to be used for agricultural uses as defined by 76-2-901 et. seq., Montana Code Annotated (MCA). Residential, commercial, or industrial buildings may not be built on a parcel created through the exemption. As part of Agricultural Exemption approval, the applicant enters in to a covenant with the county, that runs with the land, and is revocable only by mutual consent of the governing body and the property owner that the divided land will be used exclusively for agricultural purposes. Lifting of this covenant currently requires subdivision review or restoration of original lot lines through aggregation.

A number of parcels created through agricultural exemption are in public ownership within Missoula County. The long-term intent for some of these parcels is to benefit the public, but not be used exclusively for agricultural purposes. Amending Section of the Missoula County Subdivision Regulations would expand the options for lifting of an agricultural covenant. Under this proposal, the lifting of agricultural covenants could occur for parcels in public ownership and intended only for public, non-commercial/industrial uses, with approval by the Board of County Commissioners. Recommended amendments for Section can be found here.

Any comments on the proposed amendments are appreciated. Comments on this project may be provided through the close of the Commissioners’ public hearing on December 18th. If you have questions or comments about this project, please contact Tim Worley at 258-4657 or

The Planning Board will conduct a public hearing on this item on December 3, 2013, at 7 p.m. in the Missoula City Council Chambers located at 140 W. Pine Street in Missoula, Montana. The Missoula Board of County Commissioners will hold a public hearing to consider the proposed Subdivision Regulations amendments at 1:30 p.m. on Wednesday, December 18, 2013. The hearing will be held in Room B14 of the County Administration Building, located at 199 W. Pine Street in Missoula.

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UPDATED December 13, 2013