7-12-2112. Sufficient protest to bar proceedings -- exception. (1) Except as provided in subsection (2), further proceedings may not be taken for a period of 6 months from the date when a protest was received by the county clerk if the board of county commissioners finds that the protest is made by the owners of property in the proposed district to be assessed for more than 50% of the cost of the proposed program or improvements as determined by the method or methods of assessment described in the resolution of intention.
     (2) If the improvements are the construction of sanitary sewers, the protests may be overruled by a unanimous vote of the board if:
     (a) the improvements are ordered by the department of environmental quality or the federal environmental protection agency; or
     (b) the governing body makes written findings after a public hearing and public comment, based on evidence in the record, that the proposed improvements protect public health or the environment, mitigate harm to the public health or environment, and are achievable under current technology.

     History: En. Ch. 123, L. 1915; superseded by Ch. 156, L. 1917; amd. Ch. 67, L. 1919; superseded by Sec. 4, Ch. 147, L. 1921; re-en. Sec. 4577, R.C.M. 1921; re-en. Sec. 4577, R.C.M. 1935; R.C.M. 1947, 16-1604(part); amd. Sec. 8, Ch. 665, L. 1985; amd. Sec. 4, Ch. 488, L. 2005; amd. Sec. 4, Ch. 342, L. 2009.