Montana Title 76. Land Resources and Use § 76-3-512. Residential development infrastructure--rulemaking

(1) If a local government requires a residential development subdivider to pay or guarantee payment for part or all of the costs of extending or enhancing capital facilities pursuant to 76-3-510, the local government may enact a rule or regulation that provides for an equal share of the costs associated with extending or enhancing those capital facilities when a subsequent development also benefits from the expansion or enhancement of those capital facilities.

(2) The department of transportation may establish rules that locally approved and platted residential developments may be allocated a future cost share of present-day intersection or other improvements to reduce the undue hardship and associated cost barriers for residential developments to move forward.  This analysis should also recognize normal increases in traffic impacts beyond that which is or can be attributable to one or more developments.