Hertz Family Transfer Exemption in Missoula

Project Description

Adam and Brittni Hertz are requesting to use the family transfer exemption from subdivision review to divide their 5.36-acre property at 10414 Royal Coachman Drive in Missoula into two tracts (Lot 2A: 4.29 acres; Lot 2B: 1.07 acres). They plan to gift their three daughters the 1.07 acre of land. All three daughters are minors, so Adam and Brittni will transfer this property to their daughters when turn 18.

Subdivision Regulations and Exemptions

Missoula County’s subdivision regulations promote public health, safety and general welfare by ensuring any subdivision of land in the County’s jurisdiction provides for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress and other public requirements. Many requests to divide land must go through the subdivision process to ensure these requirements are met, but certain types of land division are exempt from subdivision review. Landowners can apply for one or multiple subdivision exemptions when their development plans meet the state and local requirements for the applicable exemptions.

Being granted these exemptions means the property owner does not need to go through the standard subdivision review process to divide their property. These requests require administrative review by planning staff and, in some cases, may require approval by the county commissioners to ensure the applicant is not evading these regulations.

View subdivision exemption criteria.

What is a family transfer?

Montana law specifically allows landowners to divide land and gift or sell one parcel per immediate family member (like a child, parent or spouse), without full subdivision review. 

Requests for family transfers must always come before the commissioners. Missoula County considers dozens of family land transfers every year. It’s not rare — other counties across Montana regularly process these applications too. It’s not a loophole — it’s in the law for a reason: to help families live near each other or pass down land. It’s does not skirt regulations — the process requires surveys, documentation, fees and approval by county commissioners. 

The landowner and recipient must be real people, not LLCs or corporations. It can only be used once per family member per county.

Project Timeline

Board of County Commissioners hearing: Thursday, Oct. 2, 2 p.m.

Public Comment