Developers can get longer plat extensions

Montana developers who halted projects during the economic downturn caught a break with the Legislature’s recent approval of a bill related to preliminary plats for subdivisions.

The new law allows for longer extensions of preliminary plats for new subdivisions.

Previously, preliminary plats were valid for three years after approval and developers could apply for a one-year extension. If a developer hadn’t received final plat approval by the end of that four-year period, the plat expired.

An original preliminary plat still will be good for three years, but developers now can seek longer extensions, Flathead County Planning Director BJ Grieve said.

The new law doesn’t specify a time period for extensions, but says governing bodies can extend the time frame for a reasonable length of time.

“We are trying to figure out what is reasonable,” Grieve said. Generally, he favors a maximum two-year extension.

When developers request an extension of a preliminary plat, they must include a length of time in that request, Grieve said. But county commissioners will have final say on how long to grant any extension.

Developers can request as many extensions as they want in subsequent years. Extension applications are due at least 30 days prior to the expiration of a preliminary plat.

Part of the reason for not allowing extensions for a really long time, perhaps a decade or so, Grieve said, is because subdivision regulations change over time.

The county began accepting extension requests a couple of weeks ago. Seven requests for extensions have already been filed with the office, Grieve said.

“There is significant interest in these,” Grieve said.

“The county is keen to accept these requests because the commission is interested in keeping these projects viable,” Grieve said. Every subdivision has the potential to create jobs for contractors and subcontractors, he said.

“It’s important to the community and has potential to pick things up,” he said. “Commissioners find that very important.”

The law is not retroactive, Grieve said. If a preliminary plat already has expired, the developer can’t seek an extension.

Reporter Shelley Ridenour may be reached at 758-4439 or sridenour@dailyinterlake.com.