The governing body or its designated agent(s) or affected agencies identified during the pre-application meeting may investigate, examine, and evaluate the site of the proposed subdivision to verify information provided by the subdivider and to subsequently monitor compliance with any conditions if the preliminary plat is approved conditionally. The submission of a subdivision application constitutes a grant of permission by the subdivider for the governing body, its agents and affected agencies to enter the subject property. This consent applies to members of the public attending a noticed public meeting for a site visit.
(Ord. 1951, 5/4/2026)
Prior to submittal of a subdivision application, the subdivider may request a pre-application meeting with the Kalispell Planning Department.
A. 
The pre-application meeting shall follow the format provided for on the pre-application worksheet. A copy of the worksheet can be obtained from the Planning Department.
B. 
The meeting shall occur within 30 calendar days after the subdivider submits a written request for the meeting to the Kalispell Planning Department.
C. 
At the pre-application meeting the planning staff shall:
1. 
Identify, for informational purposes, the state laws, local regulations and growth policy provisions that may apply to the subdivision review process;
2. 
Provide the subdivider or the subdivider's agent with a list of public utilities, local, state and federal agencies, and any other entities that may be contacted for comment on the subdivision application and the timeframes that the public utilities, agencies, and other entities are given to respond.
a. 
If, during review of the application, the planning staff or the planning board contacts a public utility, agency, or other entity that was not included on the original list, the planning staff shall notify the subdivider or subdivider's agent of the contact and the timeframe for response; and
3. 
Identify particular additional information the planning staff anticipates will be required for review of the subdivision application pursuant to these regulations. This does not limit the ability of the planning staff to request additional information at a later time.
4. 
Determine if an environmental assessment as provided for in Appendix B is required or if parts or all the assessment are to be waived.
a. 
Subdivisions proposing less than 30 residential dwelling units are to be considered for waiver unless environmental issues, advisory agency or neighborhood concerns require a portion or all of an environmental assessment to be completed for the project.
D. 
Unless the subdivider submits the subdivision application within 90 days of the pre-application meeting, the subdivider may request a second pre-application meeting prior to submitting the application.
(Ord. 1951, 5/4/2026)
An application for review of a subdivision exemption shall include an electronic copy of the proposed amended plat or certificate of survey, location of existing utility connections, supplemental information necessary to show compliance with the Zoning Ordinance, such as the location of buildings and driveways, and any additional information necessary to determine whether the exemption should be granted. An application shall include the payment of a fee as established by the City Council. The City shall approve or deny the application within 20 business days after submittal of a complete application and payment of the application fee.
(Ord. 1951, 5/4/2026)
The subdivider shall submit the following to the Kalispell Planning Department. All material shall be submitted as both a paper hard copy and an electronic version submitted in a format pursuant to City policy.
A. 
Preliminary plat application and documentation listed on the form (form available at Kalispell Planning Department).
B. 
Copies of the preliminary plat and one reproducible set of supplemental information (See Appendix A).
C. 
Application fee as established by the Kalispell City Council.
D. 
One reduced copy of the preliminary plat not to exceed 11" by 17" in size suitable for photocopier use.
E. 
If required. (1) geotechnical report; (2) grading plans; (3) utility plans; (4) parks plan; (5) traffic impact study; (6) title report; (7) wetland, river setback and floodplain information; and (8) sound study.
F. 
Additional information to address specific review criteria in these regulations or otherwise requested during the pre-application process.
(Ord. 1951, 5/4/2026)
A. 
A subdivision application is considered received on the date the application is delivered to the Kalispell Planning Department if accompanied by the review fee.
B. 
A subdivider may propose a phasing plan for approval with a preliminary plat. The phasing plan must include a phasing plan and map that demonstrates what lots will be included with each phase, what public facilities will be completed with each phase, and the timeline for the proposed phases.
C. 
Initial Review:
1. 
The Planning Administrator has 20 business days to determine whether the application contains all information and materials necessary to complete the review of the application as set forth in the local subdivision regulations.
2. 
The Planning Administrator may review subsequent submissions of the application only for information found to be deficient during the original review of the application under subsection C.1.
3. 
A determination that an application contains sufficient information for review as provided in subsection (C)(1) does not ensure approval or conditional approval of the proposed subdivision and does not limit the ability of the Planning Administrator to request additional information during the review process.
D. 
Initial Determination After Application is Accepted: After accepting a complete application proposing subdivision of a site, the Planning Administrator shall make an initial determination of whether:
1. 
The proposed subdivision, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning and subdivision regulations; and
2. 
All impacts resulting from the proposed subdivision were previously analyzed and made available for public review and comment in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations.
E. 
Public Comment Process.
1. 
If the Planning Administrator makes an initial determination that the proposed subdivision, with or without variances or deviations from adopted standards, meets the requirements of subsections D.1 and D.2, the planning administrator shall provide public notice of its initial determination in accordance with the City's adopted public participation plan providing for a 15-business-day written public comment period during which the public must have an opportunity to comment on the initial determination.
2. 
Unless public comment received on or before the last day of the comment period provided in subsection E.1 supports a determination that the proposed subdivision fails to meet either one or both of the requirements of subsection D.1 or D.2 the Planning Administrator shall issue written findings stating the results of the public comment and a final written decision approving, approving with conditions, or denying the application, which may be appealed as provided in Section 28.07.06 of these regulations.
3. 
If public comment received on or before the last day of the comment period in subsection E.1 provides evidence that the proposed subdivision fails to meet either one or both of the requirements of subsection D.1 or D.2, the Planning Administrator shall proceed with further review of the application as set forth in subsection E.4.
4. 
If the Planning Administrator makes an initial determination or public comment received under subsection E.3 provides evidence that a proposed subdivision of a site that, with or without variances or deviations from adopted standards, fails to meet either one or both of the requirements of subsection D.1 or D.2, the Planning Administrator shall proceed as follows:
a. 
Request the applicant to collect any additional data and perform any additional analysis necessary to provide the Planning Administrator and the public with the opportunity to comment on and consider the lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased potential impacts not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations;
b. 
Collect any additional data or perform any additional analysis that the Planning Administrator determines is necessary to provide the local government and the public with the opportunity to comment on and consider the lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased potential impacts not previously identified or considered in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations; and
c. 
Provide public notice of the Planning Administrator's initial or revised initial determination pursuant to the City's adopted public participation plan providing a written comment period of 15 business days during which the public must have an opportunity to participate in and comment on the data collected and analysis performed pursuant to subsections E.4.a and E.4.b.
5. 
Any additional data, analysis, comment, or consideration described in subsection E.4 must be limited to the lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased potential impacts resulting from the proposed subdivision to the extent that the impact was not previously identified in the adoption, amendment, or update of the land use plan, zoning regulations, zoning map, or subdivision regulations.
F. 
Agency Referrals: The Planning Administrator may request comments from other City departments and outside agencies in the course of the review of the preliminary plat. If a proposed subdivision is situated within a rural school district, as described in § 20-9-615, MCA, the Planning Department shall provide a copy of the application and preliminary plat to the school district.
G. 
Issuance of Decision:
1. 
Within 30 business days of the end of the written comment period provided in subsection E, the Planning Administrator shall issue written findings stating the results of the public comment and shall issue a written decision to approve, conditionally approve, or deny a proposed subdivision application, which may be appealed as provided in § 28.07.06 of these regulations.
2. 
The basis of the decision to approve, conditionally approve, or deny a proposed preliminary plat is based on the administrative record as a whole and a finding that the proposed subdivision;
a. 
Meets the requirements and standards of the Montana Land Use Planning Act[1];
[1]
Editor's Note: See MCA § 76-25-101 et seq.
b. 
Meets the requirements of these regulations and the zoning ordinance, and is in substantial compliance with the land use plan;
c. 
Meets the survey requirements provided in § 76-25-412(1), MCA;
d. 
Provides the necessary easements within and to the proposed subdivision for the location and installation of any planned utilities; and
e. 
Provides the necessary legal and physical access to each parcel within the proposed subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel.
3. 
a. 
The written decision must identify each finding required in subsection G.2 that supports the decision to approve, conditionally approve, or deny a proposed preliminary plat, including any conditions placed on the approval that must be satisfied before a final plat may be approved.
b. 
The written decision must identify all facts that support the basis for each finding and each condition and identify the regulations and statutes used in reaching each finding and each condition.
c. 
When requiring mitigation as a condition of approval, the City may not unreasonably restrict a landowner's ability to develop land. However, in some instances, the City may determine that the impacts of a proposed development are unmitigable and preclude approval of the subdivision.
4. 
The written decision to approve, conditionally approve, or deny a proposed subdivision must:
a. 
Be provided to the applicant;
b. 
Be made available to the public pursuant to the City's adopted public participation plan;
c. 
Include information regarding the appeal process; and
d. 
State the timeframe the approval is in effect.
H. 
The subdivider shall not proceed with any construction work on the proposed subdivision, including grading and excavation relating to public improvements until such time that an approval or conditional approval is granted by the City. No building permits shall be issued on a property with an approved preliminary plat until the final plat is approved and recorded or the preliminary plat is withdrawn.
I. 
A subdivider may be required to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including but not limited to, public roads, sewer lines, water supply lines and storm drains to a subdivision but the costs must reasonably reflect expected impacts attributable to the subdivision. The Council may not require a subdivider to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education.
(Ord. 1951, 5/4/2026)
A. 
An approved or conditionally approved preliminary plat shall be in effect for a period of three years. At the end of the period, the Planning Administrator may, at the request of the subdivider, extend the approval once by written agreement for up to two years.
B. 
On receipt of a request for an extension, the Planning Administrator shall determine whether the preliminary plat remains in substantial compliance with the zoning and subdivision regulations. If the preliminary plat is no longer in substantial compliance with the zoning or subdivision regulations, the extension may not be granted.
C. 
After a preliminary plat is approved, the local government may not impose any additional conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended approval period.
D. 
Any subsequent requests by the subdivider for extension of the approval must be reviewed and approved by the governing body.
E. 
An approved or conditionally approved phased preliminary plat must be in effect for 20 calendar years subject to Section 28.02.07G of these regulations.
F. 
The City may withdraw approval or conditional approval of an application and preliminary plat if it determines that information provided by the subdivider, and upon which the approval or conditional approval was based, is inaccurate.
(Ord. 1951, 5/4/2026)
A. 
The following must be submitted with a final plat application along with the application form provided by the Planning Department and the review fee as established by the City Council. All items submitted shall include one paper hard copy and an electronic copy. An application for final plat must be submittal at least 60 days prior to the expiration of the preliminary plat.
1. 
Information demonstrating the final plat conforms to the written decision and all conditions of approval set forth on the preliminary plat;
2. 
A plat that meets the survey requirements provided in § 76-25-412(1), MCA;
3. 
One mylar copy prepared in accordance with Appendix D;
4. 
All attachments to the final plat as specified in Appendix D;
5. 
Certification by the subdivider indicating which required improvements have been completed on the site or are subject to a subdivision improvements agreement in conformance with Article 28.08 and Appendix F of these regulations securing the future construction of public improvements to be installed; and
6. 
Confirmation the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid.
B. 
The final plat may be required to be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before filing with the county clerk and recorder. The examining land surveyor shall certify compliance in a printed or stamped certificate signed by the surveyor on the final plat. A professional land surveyor may not act as an examining land surveyor in regard to a plat in which the surveyor has a financial or personal interest.
C. 
A final plat application is considered received on the date the application is delivered to the Planning Department if accompanied by the review fee.
D. 
Initial Review:
1. 
Within 10 business days of receipt of a final plat, the Planning Administrator shall determine whether the final plat contains the information required under subsection A and shall notify the subdivider in writing.
2. 
If the Planning Administrator determines that the final plat does not contain the information required under subsection A, the Planning Administrator shall identify the final plat's defects in the notification.
3. 
The Planning Administrator may review subsequent submissions of the final plat only for information found to be deficient during the original review of the final plat under subsection D.1.
4. 
A determination that the application for a final plat contains sufficient information for review as provided in subsection D.1 does not ensure approval of the final plat and does not limit the ability of the Planning Administrator to request additional information during the review process.
E. 
Once a determination is made under subsection D that the final plat contains the information required under subsection A, the City Council shall review and approve or deny the final plat within 20 business days.
F. 
The subdivider or the subdivider's agent and the governing body or its reviewing agent or agency may mutually agree to extend the review periods provided for in this section.
G. 
Phased Final Plats:
1. 
For a period of 5 years after approval of a phased preliminary plat, the subdivider may apply for final plat of any one or more phases following the process set forth in subsections A through F.
2. 
After 5 years have elapsed since approval of a phased preliminary plat, the Planning Administrator shall review each remaining phase to determine if a phase may result in new or significantly increased potential impacts that have not been previously identified and considered in the adoption of the land use plan, zoning or subdivision regulations, or review and approval of the phased preliminary plat. If the Planning Administrator identifies any new or significantly increased potential impacts not previously identified and considered, the planning administrator shall proceed as set forth in Section 28.02.05E.4.
3. 
If necessary to mitigate impacts identified in subsection (G)(2), the Planning Administrator may impose conditions on any phase before final plat approval is sought.
4. 
Each phase must be free-standing, that is, fully capable of functioning with all the required improvements in place in the event the future phases are not completed or completed at a much later time.
H. 
The sale of lots prior to final plat is provided for in § 76-25-411, MCA.
I. 
Prior to submitting a final plat application, engineering plans for all public infrastructure and utilities shall be submitted to the City for approval in accordance with the conditions of the approved preliminary plat and Appendix C of these regulations.
J. 
The acceptance of land dedications shall be made by specific action of the City Council and shall be noted on the plat.
K. 
The City Council may withdraw approval of a plat if it determines that information provided by the subdivider, and upon which such approval was based, is inaccurate.
L. 
Vacation of a Final Plat:
1. 
Any plat prepared and recorded as provided in this part may be vacated either in whole or in part as provided by §§ 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115, MCA. Upon vacation, the governing body or the district court, as provided in § 7-5-2502, MCA, shall determine to which properties the title to the streets and alleys of the vacated portions must revert. The governing body or the district court, as provided in § 7-5-2502, MCA, shall take into consideration:
a. 
The previous platting;
b. 
The manner in which the right-of-way was originally dedicated, granted, or conveyed;
c. 
The reasons stated in the petition requesting the vacation;
d. 
The parties requesting the vacation; and
e. 
Any agreements between the adjacent property owners regarding the use of the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions.
2. 
Notwithstanding the provisions of subsection L.1, when any poleline, pipeline, or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public utility facility.
(Ord. 1951, 5/4/2026)
A. 
Correcting Filed Final Plats: Correction of drafting or surveying errors that in the City Council's opinion will not materially alter the plat, its land division, or the improvements to less than the standards contained herein, may be made by the submission of a corrected final plat for the City Council's approval. The plat shall be entitled "Corrected Plat of the (name of subdivision) Subdivision" and the reason for the correction shall be stated on the face of the plat.
B. 
Amending Filed Final Plats:
1. 
Changes that materially alter the final plat or any portion thereof or its land divisions or improvements shall be made by the filing of an amended plat showing all alterations. Within a platted subdivision, any change which results in an increase in the number of lots, or which redesigns or rearranges six or more lots, must be reviewed and approved by the City and an amended plat must be filed with the County Clerk and Recorder.
2. 
The amended plat shall be subject to procedural requirements for subdivision review as a new proposed preliminary plat. Amended plats shall be subject to all standards contained in these regulations.
3. 
The final amended plat submitted for approval shall comply with the final plat requirements and Appendix D of these regulations with the exception that the title shall include the word "Amended" ("Amended Plat of the [name] Subdivision" or "[Name] Subdivision, Amended").
4. 
The relocation of common boundaries and the aggregation of lots within platted subdivision where five (5) or fewer of the original lots are affected are exempt from approval procedures as a subdivision. In such case, an amended plat shall be prepared following the requirements of Appendix D, except that in place of the City Council's approval, the landowner certifies that the approval of the City Council is not required pursuant to § 76-3-207(1), MCA, as amended.
(Ord. 1951, 5/4/2026)