House Bill No. 408

Introduced By trexler

A Bill for an Act entitled: "An Act exempting from review of development plans a parcel of 1 acre or more with an existing well and septic system; and amending section

76-4-125, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 76-4-125, MCA, is amended to read:

"76-4-125.   Review of development plans -- land divisions excluded from review. (1) Plans and specifications of a subdivision, as defined in this part, shall must be submitted to the reviewing authority, and the reviewing authority shall indicate by certificate that it has approved the plans and specifications and that the subdivision is not subject to a sanitary restriction. The plan review by the reviewing authority shall must be as follows:

(a)  At any time after the developer has submitted an application under the Montana Subdivision and Platting Act, the developer shall present to the reviewing authority a preliminary plan of the proposed development, whatever information the developer feels necessary for its subsequent review, and information required by the reviewing authority.

(b)  The reviewing authority must shall give final action of the proposed plan within 60 days unless an environmental impact statement is required, at which time this deadline may be increased to 120 days.

(2)  A subdivision excluded from the provisions of chapter 3 shall must be submitted for review according to the provisions of this part, except that the following divisions OR PARCELS, unless such the exclusions are used to evade the provisions of this part, are not subject to review:

(a)  the exclusions cited in 76-3-201 and 76-3-204;

(b)  divisions made for the purpose of acquiring additional land to become part of an approved parcel, provided that no a dwelling or structure requiring water or sewage disposal is to may not be erected on the additional acquired parcel and that the division does not fall within a previously platted or approved subdivision; and

(c)  divisions made for purposes other than the construction of water supply or sewage and solid waste disposal facilities as the department specifies by rule; and

(d) any parcel, 1 acre or larger, that has an existing well and septic system.

(D) SUBJECT TO THE PROVISIONS OF SUBSECTION (3), A REMAINDER OF AN ORIGINAL TRACT CREATED BY SEGREGATING A PARCEL FROM THE TRACT FOR PURPOSES OF TRANSFER, IF:

(I) THE REMAINDER IS SERVED BY A PUBLIC OR MULTIFAMILY SEWAGE SYSTEM APPROVED BEFORE JANUARY 1, 1997, PURSUANT TO LOCAL REGULATIONS OR THIS CHAPTER; OR

(II) THE REMAINDER IS 1 ACRE OR LARGER AND HAS AN INDIVIDUAL SEWAGE SYSTEM THAT WAS CONSTRUCTED PRIOR TO APRIL 29, 1993, AND, IF REQUIRED WHEN INSTALLED, WAS APPROVED PURSUANT TO LOCAL REGULATIONS OR THIS CHAPTER.

(3) CONSISTENT WITH THE APPLICABLE PROVISIONS OF 50-2-116(1)(I), A LOCAL HEALTH OFFICER MAY REQUIRE THAT, PRIOR TO THE TRANSFER OF THE PARCEL TO BE SEGREGATED FROM THE REMAINDER REFERENCED IN SUBSECTION (2)(D)(II), THE REMAINDER INCLUDE ACREAGE OR FEATURES SUFFICIENT TO ACCOMMODATE A REPLACEMENT DRAINFIELD."

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