Montana Code Annotated 2023

TITLE 76. LAND RESOURCES AND USE

CHAPTER 4. STATE REGULATION OF SUBDIVISIONS

Part 1. Sanitation in Subdivisions

Authority To Inspect And Monitor -- Certification

76-4-107. Authority to inspect and monitor -- certification. (1) In order to carry out the objectives of this part, to monitor the installation of sewage disposal and water supply systems, and to prevent the occurrence of water pollution problems associated with subdivision development, the reviewing authority, whenever any water supply or sewage disposal system is proposed or has been constructed, may:

(a) enter any public or private property, at reasonable times and after presentation of appropriate credentials by an authorized representative of the reviewing authority, to inspect the system in order to ensure that the plans and specifications approved for the system have been adhered to and that the provisions of this part, rules, or orders are being satisfied;

(b) require as a condition of approval that records concerning the operation of a sewage disposal or water supply system be maintained or that monitoring equipment or wells be installed, used, and maintained for the collection of data related to water quality.

(2) The reviewing authority shall require certification from a registered professional engineer that a public water supply system or a public sewage disposal system required by rule to be designed by a registered professional engineer has been constructed according to approved plans and specifications.

History: En. 69-5010 by Sec. 1, Ch. 557, L. 1977; R.C.M. 1947, 69-5010; amd. Sec. 5, Ch. 490, L. 1985; amd. Sec. 1, Ch. 294, L. 1987; amd. Sec. 7, Ch. 80, L. 2019.