76-4-121. Restrictions on subdivision activities, MCA

Montana Code Annotated 2017

TITLE 76. LAND RESOURCES AND USE

CHAPTER 4. STATE REGULATION OF SUBDIVISIONS

Part 1. Sanitation in Subdivisions

Restrictions On Subdivision Activities

76-4-121. Restrictions on subdivision activities. A person may not dispose of any lot within a subdivision, erect any facility for the supply of water or disposal of sewage or solid waste, erect any building or shelter in a subdivision that requires facilities for the supply of water or disposal of sewage or solid waste, or occupy any permanent buildings in a subdivision until:

(1) a certificate of subdivision approval has been issued pursuant to [76-4-114] indicating that the reviewing authority has approved the subdivision application and that the subdivision is not subject to a sanitary restriction;

(2) the governing body has provided certification pursuant to 76-4-127 that the subdivision is within a jurisdictional area that has adopted a growth policy pursuant to chapter 1 of this title or within a first-class or second-class municipality, as described in 7-1-4111, and will be provided with adequate municipal facilities and adequate storm water drainage; or

(3) the subdivision is otherwise exempt from review under 76-4-125. (Bracketed reference to 76-4-114 in subsection (1) terminates September 30, 2019, and reverts to 76-4-125 effective October 1, 2019--sec. 13, Ch. 344, L. 2017.)

History: En. Sec. 150, Ch. 197, L. 1967; amd. Sec. 4, Ch. 509, L. 1973; amd. Sec. 2, Ch. 529, L. 1975; amd. Sec. 12, Ch. 140, L. 1977; amd. Sec. 1, Ch. 554, L. 1977; R.C.M. 1947, 69-5003(4); amd. Sec. 8, Ch. 490, L. 1985; amd. Sec. 8, Ch. 280, L. 2001; amd. Sec. 1, Ch. 543, L. 2003; amd. Sec. 7, Ch. 344, L. 2017.