76-4-130. Deviation from certificate of subdivision approval -- expedited review, MCA

Montana Code Annotated 2025

TITLE 76. LAND RESOURCES AND USE

CHAPTER 4. STATE REGULATION OF SUBDIVISIONS

Part 1. Sanitation in Subdivisions

Deviation From Certificate Of Subdivision Approval -- Expedited Review

76-4-130. (Temporary) Deviation from certificate of subdivision approval -- expedited review. (1) Except as provided in subsection (2), a person may not construct or use a facility that deviates from the certificate of subdivision approval until the reviewing authority has approved the deviation.

(2) (a) A person may deviate from the certificate of subdivision approval without approval by the reviewing authority if the deviation consists solely of connecting to municipal, county water and/or sewer district, or regional authority facilities in place of previously approved facilities. The department may require notification when a person connects to municipal, county water and/or sewer district, or regional authority facilities.

(b) A person qualifies for a 15-day expedited review under this part to deviate from the certificate of subdivision approval if the person intends to add an accessory dwelling unit as provided for in 76-2-215 to a parcel with existing public water and wastewater service that has capacity for the accessory dwelling unit. (Terminates September 30, 2029--sec. 4, Ch. 619, L. 2025.)

76-4-130. (Effective October 1, 2029) Deviation from certificate of subdivision approval. (1) Except as provided in subsection (2), a person may not construct or use a facility that deviates from the certificate of subdivision approval until the reviewing authority has approved the deviation.

(2) A person may deviate from the certificate of subdivision approval without approval by the reviewing authority if the deviation consists solely of connecting to municipal, county water and/or sewer district, or regional authority facilities in place of previously approved facilities. The department may require notification when a person connects to municipal, county water and/or sewer district, or regional authority facilities.

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(9); amd. Sec. 15, Ch. 490, L. 1985; amd. Sec. 12, Ch. 280, L. 2001; amd. Sec. 15, Ch. 80, L. 2019; amd. Sec. 9, Ch. 419, L. 2021; amd. Sec. 2, Ch. 619, L. 2025.