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1. Analyze the Land Subdivision Process
2. Understand the Development and Utilization of the Growth Policy
3. Be Alert to the Legal and Practical Considerations of Annexation
4. Take A Comprehensive Look at Land Use Law
5. Environmental Considerations for Developers
6. Ethics in Land Use

Continuing Education Credits:   

* denotes specialty credits

1. ANALYZE THE LAND SUBDIVISION PROCESS
   9:00 - 10:30, Colleen M. Dowdall
   1. How City, County and Township Platting Processes Work
   2. When Lot Splits and Industrial Lands Are Exempt
   3. Avoid Prohibited Land Division
   4. Rules Applying to Inspections, Dedications and Vacations
   5. Private or Public Streets? Which Choice and When?
   6. When Can Extraterritoriality Be Invoked
   7. The Powers and Processes of Planning Commissions: City vs. County vs. Regional
   8. When Subdivision Is Not Zoning and Vice Versa
   9. What to Do When the Land Use Regulation Is in the “Gray Area” and Approval Is Denied
   10. Design Subdivision Regulations the Old Fashioned Way
   11. Get Up to Speed on the New Urbanism and Subdivision Regulations
   12. Review New Case Histories Involving Local Subdivisions
2. UNDERSTAND THE DEVELOPMENT AND UTILIZATION OF THE GROWTH POLICY
   10:45 - 11:45, Richard DeJana
1. Definition of a Growth Policy
2. Key Components of a Growth Policy
3. How Growth Polices for City, County and Township Differ
4. What Is the Basis for Land Use Control? A Policy, Map, or No Plan At All?
5. The Importance of Consistency Within the Plan
6. Procedures for the Adoption and Amendment of the Growth Policy
7. How the Growth Policy Is Implemented
8. Tips for Working Within - and Outside - the Growth Policy
3. BE ALERT TO THE LEGAL AND PRACTICAL CONSIDERATIONS OF ANNEXATION
   12:45 - 1:30, Colleen M. Dowdall
   1. Update on Key Issues in Annexation Law
   2. Get It Right the First Time – Understand Filing Requirements
   3. How County Commissioners Impact Annexation Decisions
   4. How to Request a Review by the Courts
   5. Successful and Unsuccessful Challenges to Annexation
   6. What Does Contiguity Mean? How Does it Apply?
   7. How the General Good of the Territory Is Determined
   8. How Mergers, Detachment, Incorporation and Local Government Changes Impact Annexation
   9. What Happens to Pre-Annexation Agreements
   10. What You May Not Know About Joint Economic Developments
   11. Review of Current Annexation Case Law and How it Applies
4. TAKE A COMPREHENSIVE LOOK AT LAND USE LAW
   1:30 - 2:15, Richard DeJana
   1. Who Has the Power to Zone? How Does It Affect You?
   2. The Ins and Outs of Board of Zoning Appeals
   3. Ubiquitous Manufactured Housing: Implications for Your Community
   4. What Quasi-Judicial Decisions Usually Involve
   5. Navigating the Appeal Process
   6. What is Environmentally Driven Zoning Law?
   7. Determine the Impact of Current Land Use Law
5. ENVIRONMENTAL CONSIDERATIONS FOR DEVELOPERS
   2:30 - 3:30, James M. Madden
   1. Overview of Environmental Regulations
   2. Primary Permits for Successful Development
   3. Endangered Species
   4. Superfund Liability
   5. Environmental Due Diligence
   6. Reuse of Environmentally Impaired Property
6. ETHICS IN LAND USE
   3:30 - 4:30, Richard DeJana
   1. Code of Professional Responsibility
   2. Land Use Decisions for the Public Good
   3. Duty to Protect the Environment
   4. Ex Parte Contacts
   5. Conflicts of Interest

RICHARD DeJANA is a member manager of the law firm of Richard DeJana and Associates PLLC, where his areas of practice include insurance defense, zoning, planning and land use, business law and fair debt collection. Mr. DeJana has frequently lectured on topics such as land use, zoning and boundary law matters. He earned his A.B. degree from Rockhurst College and his J.D. degree from the University of Montana. Mr. DeJana is a member of the Northwest Montana and American bar associations.

COLLEEN M. DOWDALL graduated from the University of Montana in 1978, from the UM School of Law in 1981, and has practiced law in western Montana since graduation. She was a Missoula County Deputy Attorney, representing Missoula County in land use matters and related real estate and access issues from 1988-1989 and from 1993-2006. As part of her duties, she reviewed and commented upon proposed land use laws and drafted regulations, in cooperation with planning staff, to implement new statutes. Ms. Dowdall was an attorney at Worden Thane P.C. from 1989 until 1993. In 2006 she returned to private practice at Worden Thane. She is recognized statewide as an authority on land use, subdivision, public and private access, and zoning law, and has a great deal of experience in practicing before local government boards and commissions. Ms. Dowdall is a past lecturer for National Business Institute and has given multiple lectures on road and access law. She served for 17 years on the Continuing Legal Education Institute for the State Bar of Montana, receiving a Distinguished Service award for her work with the State Bar. She also is a past president of the Western Montana Bar Association. Since 1999, Ms. Dowdall has instructed paralegal students at the University of Montana College of Technology in Introduction to Research and Writing, and in the Principles of Real Estate. She is an active participant in the Montana 4th Judicial District pro bono program.

JAMES M. MADDEN is a special assistant attorney general with the Montana Department of Environmental Quality (DEQ) in Helena. His main areas of practice are environmental and natural resources law, and his particular areas of expertise include state and federal Superfund, air and water quality, hazardous waste, state and federal water rights, subdivision review and administrative law. He has spoken to numerous professional groups about various aspects of environmental law. Mr. Madden is a member of the State Bar of Montana. He received his B.A. degree from the University of Montana and his J.D. degree from the University of Washington School of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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Phone: 866-240-1890

Email: credit@nbi-sems.com