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Kobos Family Transfer Exemption (Target Range)

Project Description

Mark Kobos is requesting to use the family transfer exemption from subdivision review to divide his current 2.45-acre property at 1015 Humble Road in Target Range into two parcels. Mark plans to gift a 1.38-acre parcel to his daughter, Emily Alsbury, and keep the remaining 1.07-acre parcel as his primary residence.

The property is zoned RRS 1, which allows a maximum of one home/acre, and is classified as Rural Residential and Small Agriculture by the 2019 Missoula Area Land Use Element. The parcel is also located within the boundaries of the 2010 Target Range Neighborhood Plan, which provides for transitional low density residential uses between urbanized areas and agricultural uses. It also provides a zone that may be used to meet residential needs while limiting density to recognize environmental concerns.

Subdivision Regulations and Exemptions

Missoula County’s subdivision regulationspromote public health, safety and general welfareby ensuring any subdivision of land in the County’s jurisdiction provides foradequate 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 thesubdivision processto ensure these requirements are met, butcertain types of land divisionare exempt from subdivision review. Landowners can apply forone or multiple subdivision exemptionswhen their development plans meet the state and local requirements for the applicable exemptions.

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

  • Family Transfer Exemption
    Landowners can request afamily transfer exemptionwhen they intend to divide their property togift or sell the newly created parcel(s) to an immediate family member.

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 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:

County commissioners hearing: Thursday, Feb. 5, 2 p.m.

  • In-person location:SophieMoieseRoom, Missoula County Courthouse Annex, 200 West Broadway, Missoula

  • Virtual option: Residents can attend the meeting via Microsoft Teams. To join the call on your phone, call 406-272-4824, Conference ID 467 457 758#. To join the meeting on your device, follow the links on the agenda that will be published athttp://missoula.co/bccmeetings

Public Comment:

Submit public comment by using the comment tool below.

Project Lead:

Kevin Dantic (click to email)

Important Links and Documents:

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