76-4-104. Rules for administration and enforcement. (1) The department shall, subject to the provisions of 76-4-135, adopt reasonable rules, including adoption of sanitary standards, necessary for administration and enforcement of this part.
     (2) The rules and standards must provide the basis for approving subdivision plats for various types of water, sewage facilities, and solid waste disposal, both public and private, and must be related to size of lots; contour of land; porosity of soil; ground water level; distance from lakes, streams, and wells; type and construction of private water and sewage facilities; and other factors affecting public health and the quality of water for uses relating to agriculture, industry, recreation, and wildlife.
     (3) The rules must provide for the review of the following divisions of land by a local department or board of health, as described in Title 50, chapter 2, part 1, if the local department or board of health employs a registered sanitarian or a registered professional engineer and if the department certifies under subsection (4) that the local department or board is competent to review these divisions of land:
     (a) divisions of land containing five or fewer parcels, whenever each parcel will contain individual onsite water and sewage disposal facilities; and
     (b) divisions of land proposed to connect to existing municipal water and wastewater systems previously approved by the department if no extension of the systems is required.
     (4) The department shall also adopt standards and procedures for certification and maintaining certification to ensure that a local department or board of health is competent to review the divisions of land described in subsection (3).
     (5) The department shall review those divisions of land described in subsection (3) if:
     (a) a proposed division of land lies within more than one jurisdictional area and the respective governing bodies are in disagreement concerning approval of or conditions to be imposed on the proposed subdivision; or
     (b) the local department or board of health elects not to be certified.
     (6) The rules must further provide for:
     (a) providing the reviewing authority with a copy of the plat and other documentation showing the layout or plan of development, including:
     (i) total development area;
     (ii) total number of proposed dwelling units;
     (b) adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed;
     (c) evidence concerning the potability of the proposed water supply for the subdivision;
     (d) adequate evidence that a sewage disposal facility is sufficient in terms of capacity and dependability;
     (e) standards and technical procedures applicable to storm drainage plans and related designs, in order to ensure proper drainage ways;
     (f) standards and technical procedures applicable to sanitary sewer plans and designs, including soil percolation testing and required percolation rates and site design standards for on-lot sewage disposal systems when applicable;
     (g) standards and technical procedures applicable to water systems;
     (h) standards and technical procedures applicable to solid waste disposal;
     (i) evidence to establish that, if a public sewage disposal system is proposed, provision has been made for the system and, if other methods of sewage disposal are proposed, evidence that the systems will comply with state and local laws and regulations that are in effect at the time of submission of the preliminary or final plan or plat.
     (7) If the reviewing authority is a local department or board of health, it shall, upon approval of a division of land under this part, notify the department of the approval and submit to the department a copy of the approval statement.
     (8) Review and certification or denial of certification that a division of land is not subject to sanitary restrictions under this part may occur only under those rules in effect at the time plans and specifications are submitted to the department, except that in cases in which current rules would preclude the use for which the lot was originally intended, the applicable requirements in effect at the time the lot was recorded must be applied. In the absence of specific requirements, minimum standards necessary to protect public health and water quality apply.
     (9) The reviewing authority may not deny or condition a certification that a division of land is not subject to sanitary restrictions under this part unless it provides a written statement to the applicant detailing the circumstances of the certification denial or condition imposition. The statement must include:
     (a) the reason for the denial or condition imposition;
     (b) the evidence that justifies the denial or condition imposition; and
     (c) information regarding the appeal process for the denial or condition imposition.

     History: En. Sec. 152, Ch. 197, L. 1967; amd. Sec. 3, Ch. 509, L. 1973; amd. Sec. 3, Ch. 529, L. 1975; amd. Sec. 3, Ch. 557, L. 1977; R.C.M. 1947, 69-5005(part); amd. Sec. 2, Ch. 378, L. 1985; amd. Sec. 2, Ch. 490, L. 1985; amd. Sec. 1, Ch. 224, L. 1995; amd. Sec. 19, Ch. 471, L. 1995.