reglab/housing_qa huggingface dataset:
MT Code § 76-3-620 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-620. Review requirements -- written statement

  76-3-620. Review requirements -- written statement. (1) In addition to the requirements of 76-3-604 and 76-3-609, following any decision by the governing body to deny or conditionally approve a proposed subdivision, the governing body shall, in accordance with the time limit established in 76-3-504(1)(r), prepare a written statement that:  (a) must be provided to the applicant;   (b) must be made available to the public;   (c) includes information regarding the appeal process for the denial or imposition of conditions;   (d) identifies the regulations and statutes that are used in reaching the decision and explains how they apply to the basis of the decision;   (e) provides the facts and conclusions that the governing body relied upon in making the decision and references documents, testimony, or other materials that form the basis of the decision; and   (f) identifies the conditions that apply to the preliminary plat approval and that must be satisfied before the final plat may be approved.   (2) If the governing body conditionally approves the proposed subdivision, each condition required for subdivision approval must identify a specific, documentable, and clearly defined purpose or objective related to the primary criteria set forth in 76-3-608(3) that forms the basis for the condition.   History: En. Sec. 2, Ch. 224, L. 1995; amd. Sec. 13, Ch. 298, L. 2005; amd. Sec. 20, Ch. 446, L. 2009; amd. Sec. 5, Ch. 319, L. 2021.
MT Code § 76-3-624 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-624. reserved

  76-3-624 reserved.
MT Code § 76-3-625 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 3. Local Regulation of Subdivisions|Part 6. Local Review Procedure|76-3-625. Violations -- actions against governing body

  76-3-625. Violations -- actions against governing body. (1) A person who has filed with the governing body an application for a subdivision under this chapter may bring an action in district court to sue the governing body to recover actual damages caused by a final action, decision, or order of the governing body or a regulation adopted pursuant to this chapter within 180 days of the final action, decision, order, or adoption of a regulation. The governing body's decision, based on the record as a whole, must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.  (2) (a) A party identified in subsection (3) who is aggrieved by a decision of the governing body to approve, conditionally approve, or deny an application and preliminary plat for a proposed subdivision may, within 30 days from the date of the written decision, appeal to the district court in the county in which the property involved is located to challenge the approval, imposition of conditions, or denial of the preliminary plat.   (b) A party identified in subsection (3) who is aggrieved by any other final decision of the governing body regarding a subdivision may, within 30 days from the date of the written decision, appeal to the district court in the county in which the property involved is located to challenge the decision.   (c) A petition allowed in subsections (2)(a) and (2)(b) must specify the grounds upon which the appeal is made. The governing body's decision, based on the record as a whole, must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.   (3) The following parties may appeal under the provisions of subsection (2):   (a) the subdivider;   (b) a landowner with a property boundary contiguous to the proposed subdivision or a private landowner with property within the county or municipality where the subdivision is proposed if that landowner can show a likelihood of material injury to the landowner's property or its value;   (c) the county commissioners of the county where the subdivision is proposed; and   (d) (i) a first-class municipality, as described in 7-1-4111, if a subdivision is proposed within 3 miles of its limits;   (ii) a second-class municipality, as described in 7-1-4111, if a subdivision is proposed within 2 miles of its limits; and   (iii) a third-class municipality or a town, as described in 7-1-4111, if a subdivision is proposed within 1 mile of its limits.   (4) For the purposes of this section, "aggrieved" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the decision.   History: En. Sec. 10, Ch. 468, L. 1995; amd. Sec. 14, Ch. 298, L. 2005; amd. Sec. 22, Ch. 446, L. 2009; amd. Sec. 3, Ch. 362, L. 2017; amd. Sec. 2, Ch. 190, L. 2021.
MT Code § 76-4-101 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-101. Public policy

  76-4-101. Public policy. It is the public policy of this state to extend present laws controlling water supply, sewage disposal, and solid waste disposal to include individual wells affected by adjoining sewage disposal and individual sewage systems to protect the quality and potability of water for public water supplies and domestic uses and to protect the quality of water for other beneficial uses, including uses relating to agriculture, industry, recreation, and wildlife.   History: En. Sec. 148, Ch. 197, L. 1967; amd. Sec. 1, Ch. 509, L. 1973; R.C.M. 1947, 69-5001.
MT Code § 76-4-103 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-103. What constitutes subdivision

  76-4-103. What constitutes subdivision. The plat for a subdivision must show all parcels, whether contiguous or not. A parcel that is 20 acres or more in size, exclusive of public roadways, is not subject to review under this part unless the parcel provides two or more permanent spaces for recreational camping vehicles or mobile homes. The rental or lease of one or more parts of a single building, structure, or other improvement, whether existing or proposed, is not a subdivision, as that term is defined in this part, and is not subject to the requirements of this part.  History: En. Sec. 149, Ch. 197, L. 1967; amd. Sec. 2, Ch. 509, L. 1973; amd. Sec. 1, Ch. 529, L. 1975; amd. Sec. 2, Ch. 557, L. 1977; R.C.M. 1947, 69-5002(part); amd. Sec. 2, Ch. 592, L. 1985; amd. Sec. 4, Ch. 80, L. 2019; amd. Sec. 2, Ch. 419, L. 2021.
MT Code § 76-4-105 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-105. Subdivision fees -- subdivision program funding

  76-4-105. Subdivision fees -- subdivision program funding. (1) The department shall adopt rules setting forth fees that do not exceed actual costs for reviewing plats and subdivisions, conducting inspections pursuant to 76-4-107, and conducting enforcement activities pursuant to 76-4-108. The rules must provide for a schedule of fees to be paid by the applicant to the department. The fees must be used for review of plats and subdivisions, conducting inspections pursuant to 76-4-107, and conducting enforcement activities pursuant to 76-4-108. The fees must be based on the complexity of the subdivision, including but not limited to:  (a) number of lots in the subdivision;   (b) the type of water system to serve the development;   (c) the type of sewage disposal to serve the development; and   (d) the degree of environmental research necessary to supplement the review procedure.   (2) The department shall adopt rules to determine the distribution of fees to the local reviewing authority for reviews conducted pursuant to 76-4-104, inspections conducted pursuant to 76-4-107, and enforcement activities conducted pursuant to 76-4-108.   (3) The local reviewing authority may establish a fee to review applications, conduct site visits, and review applicable exemptions under this chapter. The fee must be paid directly to the local reviewing authority and may not exceed the local reviewing authority's actual cost that is not otherwise reimbursed by the department from fees adopted pursuant to this section.   History: Ap. p. 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; Sec. 69-5005, R.C.M. 1947; Ap. p. 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; Sec. 69-5003, R.C.M. 1947; R.C.M. 1947, 69-5003(part), 69-5005(part); amd. Sec. 1, Ch. 553, L. 1981; amd. Sec. 33, Ch. 281, L. 1983; amd. Sec. 1, Ch. 696, L. 1983; amd. Sec. 3, Ch. 490, L. 1985; amd. Sec. 3, Ch. 592, L. 1985; amd. Sec. 1, Ch. 708, L. 1985; (5)En. Sec. 2, Ch. 708, L. 1985; amd. Sec. 9, Ch. 645, L. 1991; amd. Sec. 1, Ch. 514, L. 1993; amd. Sec. 6, Ch. 280, L. 2001; amd. Sec. 6, Ch. 80, L. 2019; amd. Sec. 4, Ch. 419, L. 2021.
MT Code § 76-4-106 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-106. Cooperation with other governmental agencies

  76-4-106. Cooperation with other governmental agencies. (1) The reviewing authority may require the use of records of all state, county, and municipal agencies and may seek the assistance of those agencies.   (2) State, county, and municipal officers and employees, including local health officers and sanitarians, shall cooperate with the reviewing authority in furthering the purposes of this part so far as is practical and consistent with their own duties.   (3) A local reviewing authority without a registered sanitarian or a registered professional engineer to conduct a review under this part may contract with another local reviewing authority for the services of its registered sanitarian or registered professional engineer to conduct the review.   History: En. Sec. 8, Ch. 509, L. 1973; R.C.M. 1947, 69-5009; amd. Sec. 4, Ch. 490, L. 1985.
MT Code § 76-4-107 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-107. 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.
MT Code § 76-4-108 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-108. Enforcement

  76-4-108. Enforcement. (1) If the reviewing authority has reason to believe that a violation of this part or a rule adopted or an order issued under this part has occurred, the reviewing authority may have written notice and an order served personally or by certified mail on the alleged violator or the alleged violator's agent. The notice must state the provision alleged to be violated, the facts alleged to constitute the violation, the corrective action required by the reviewing authority, and the time within which the action is to be taken. A notice and order issued by the department under this section may also assess an administrative penalty as provided in 76-4-109. The alleged violator may, no later than 30 days after service of a notice and order under this section, request a hearing before the local reviewing authority if it issued the notice of violation or the board if the department issued the notice of violation. A request for a hearing must be filed in writing with the appropriate entity and must state the reason for the request. If a request is filed, a hearing must be held within a reasonable time.   (2) In addition to or instead of issuing an order, the reviewing authority may initiate any other appropriate action to compel compliance with this part.   (3) The provisions of this part may be enforced by a reviewing authority other than the department or board only for those divisions described in 76-4-104(3). If a local reviewing authority fails to adequately enforce the provisions of this part, the department or the board may compel compliance with this part under the provisions of this section.   (4) When a local reviewing authority exercises the authority delegated to it by this section, the local reviewing authority is legally responsible for its actions under this part.   (5) If the department or a local reviewing authority determines that a violation of this part, a rule adopted under this part, or an order issued under this part has occurred, the department or the local reviewing authority may revoke its certificate of approval for the subdivision and reimpose sanitary restrictions following written notice to the alleged violator. Upon revocation of a certificate, the person aggrieved by revocation may request a hearing. A hearing request must be filed in writing within 30 days after receipt of the notice of revocation and must state the reason for the request. The hearing is before the board if the department revoked the certificate or before the local reviewing authority if the local reviewing authority revoked the certificate.   (6) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.   History: En. Sec. 6, Ch. 509, L. 1973; R.C.M. 1947, 69-5007; amd. Sec. 6, Ch. 490, L. 1985; (5)En. Sec. 16, Ch. 490, L. 1985; amd. Sec. 4, Ch. 79, L. 2001; amd. Sec. 7, Ch. 443, L. 2005.
MT Code § 76-4-109 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-109. Penalties

  76-4-109. Penalties. (1) A person who violates a provision of this part, except 76-4-122(1), or a rule adopted or an order issued under this part is guilty of an offense and subject to a fine in an amount not to exceed $1,000.  (2) (a) In addition to the fine specified in subsection (1), a person who violates any provision of this part or any rule adopted or order issued under this part is subject to an administrative penalty in an amount not to exceed $250 or a civil penalty in an amount not to exceed $1,000. Each day of violation constitutes a separate violation.   (b) Penalties assessed under this subsection (2) must be determined in accordance with the penalty factors in 76-4-1001. An action to recover penalties must be brought in the district court of the county in which the violation occurred.   (3) Penalties imposed under subsection (1) or (2) do not bar enforcement of this part or rules or orders issued under it by injunction or other appropriate remedy.   (4) The purpose of this section is to provide additional and cumulative remedies.   History: En. Sec. 7, Ch. 509, L. 1973; R.C.M. 1947, 69-5008(part); amd. Sec. 7, Ch. 490, L. 1985; amd. Sec. 8, Ch. 443, L. 2005; amd. Sec. 23, Ch. 487, L. 2005; amd. Sec. 44, Ch. 535, L. 2021.
MT Code § 76-4-110 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-110. Additional remedies available

  76-4-110. Additional remedies available. This part does not abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor does any provision of this part or any act done by virtue of it estop the state, any municipality or other subdivision of the state, or any person in the exercise of the person's rights in equity or under the common law or statutory law.   History: En. Sec. 7, Ch. 509, L. 1973; R.C.M. 1947, 69-5008(part); amd. Sec. 2520, Ch. 56, L. 2009.
MT Code § 76-4-111 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-111. Exemption for certain condominiums, townhomes, and townhouses

  76-4-111. Exemption for certain condominiums, townhomes, and townhouses. (1) Condominiums, townhomes, or townhouses, as those terms are defined in 70-23-102, constructed on land subdivided in compliance with parts 5 and 6 of the Montana Subdivision and Platting Act and this part are exempt from the provisions of this part.  (2) Whenever a parcel of land has previously been reviewed under either department requirements or local health requirements and has received approval for a given number of living units, duplexes, or commercial units, the construction or conversion of the same or a fewer number of condominium units, townhomes, or townhouses on that parcel is not subject to the provisions of this part, provided that, if a new extension of a public water supply system or extension of a public sewage system is required to serve the development, the department reviews and approves plans for the extension.   History: En. Sec. 149, Ch. 197, L. 1967; amd. Sec. 2, Ch. 509, L. 1973; amd. Sec. 1, Ch. 529, L. 1975; amd. Sec. 2, Ch. 557, L. 1977; R.C.M. 1947, 69-5002(part); amd. Sec. 4, Ch. 592, L. 1985; (3)En. Sec. 9, Ch. 592, L. 1985; amd. Sec. 28, Ch. 582, L. 1999; amd. Sec. 7, Ch. 280, L. 2001; amd. Sec. 1, Ch. 62, L. 2017; amd. Sec. 8, Ch. 80, L. 2019; amd. Sec. 8, Ch. 323, L. 2019; amd. Sec. 5, Ch. 419, L. 2021.
MT Code § 76-4-112 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-112. Easements and restrictive covenants

  76-4-112. Easements and restrictive covenants. (1) The reviewing authority may require the owner of a proposed subdivision to grant an easement or enter into a restrictive covenant pursuant to rules adopted by the department for the purpose of:   (a) ensuring the long-term operation and maintenance of water supply, storm water drainage, and sewage disposal facilities;   (b) protecting state waters; or   (c) prohibiting the placement of water wells within a ground water mixing zone.   (2) An easement or covenant required under this section must run with the land. The easement or covenant may be enforced by the reviewing authority. The easement or covenant may not be terminated without the consent of the reviewing authority.   History: En. Sec. 1, Ch. 280, L. 2001.
MT Code § 76-4-113 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-113. Notification to purchasers

  76-4-113. Notification to purchasers. The developer or owner of an approved subdivision shall provide each purchaser of property within the subdivision with a copy of the plat or certificate of survey and the certificate of subdivision approval specifying the approved type and locations of water supply, storm water drainage, and sewage disposal facilities and information regarding connection to municipal, county water and/or sewer district, or regional authority facilities provided for under 76-4-130. Each subsequent seller of property within the subdivision shall include within the instruments of transfer a reference to the conditions of the certificate of subdivision approval. The seller of any lot recorded with the exemption in 76-4-125(1)(c) shall include within the instruments of transfer a reference to that exclusion and a statement that the lot has not been reviewed or approved under this part. A written verification of notice that is signed by both the seller and the purchaser and is recorded with the county clerk and recorder constitutes conclusive evidence of compliance with this section for that transaction.  History: En. Sec. 2, Ch. 280, L. 2001; amd. Sec. 9, Ch. 80, L. 2019; amd. Sec. 6, Ch. 419, L. 2021.
MT Code § 76-4-115 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-115. Contents of application -- supplemental information

  76-4-115. Contents of application -- supplemental information. (1) The application submitted under 76-4-114 must include preliminary plans and specifications for the proposed development, information required under rules adopted pursuant to this chapter, and any additional information the applicant feels necessary.   (2) In addition to the information required for the submission of the application under subsection (1), before the reviewing authority makes a final decision on the application, the applicant shall provide:   (a) a copy of the certification from the local health department required by 76-4-104(6)(k);   (b) if required under Title 76, chapter 3, an approval from the local governing body under Title 76, chapter 3; and   (c) any public comments or summaries of public comments collected as provided in 76-3-604(7).   History: En. Sec. 2, Ch. 344, L. 2017.
MT Code § 76-4-116 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-116. Annual report

  76-4-116. Annual report. The department shall report annually to the environmental quality council in accordance with 5-11-210 summarizing the review procedures adopted under Title 76, chapter 4, and recommending whether statutory changes should be made to the process.  History: En. Sec. 3, Ch. 344, L. 2017; amd. Sec. 105, Ch. 261, L. 2021.
MT Code § 76-4-117 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-117. through 76-4-120 reserved

  76-4-117 through 76-4-120 reserved.