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Loterbauer Family Transfer Exemption and Aggregation Exemption

Project Description

Tyler Loterbauer is requesting to use the family transfer exemption to divide their 20.1-acre property located at 12282 Rosco Road into two parcels (Tract 1: 10.05 acres; Tract 2: 10.05 acres). Loterbauer plans to gift Tract 2 to their father and keep Tract 1. Both tracts are intended to be developed with residential housing with individual well and septic systems.



Loterbauer also requests an aggregation exemption from subdivision review to expunge an underlying boundary line within the parent tract, which had been identified by the Missoula County Clerk and Recorder.

The property is unzoned and is classified as Open and Resource Land by the 2002 Regional Land Use Guide, an update of the 1975 Comprehensive Plan.


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.

  • Family Transfer Exemption
    Landowners can request a family transfer exemption when they intend to divide their property to gift or sell the newly created parcel(s) to an immediate family member.
  • Aggregation Exemption

Landowners can request an aggregation exemption when the division or combination of parcels will not create new lots or otherwise significantly alter the development potential.

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

County commissioners hearing: Thursday, Aug. 13, 2 p.m.

  • In-person location: Sophie Moiese Room, 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 at http://missoula.co/bccmeetings


Project Lead

Kevin Dantic, 406-258-4652


Public Comment

Submit public comment by using the comment tool below.


Important Links and Documents

Loterbauer family transfer exemption application

Loterbauer existing and proposed conditions

Planning, Development and Sustainability webpage

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