reglab/housing_qa huggingface dataset:
MT Code § 76-4-121 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-121. Restrictions on subdivision activities

  76-4-121. Restrictions on subdivision activities. A person may not dispose of any lot within a subdivision, erect any facility for the supply of water or disposal of sewage or solid waste, erect any building or shelter in a subdivision that requires facilities for the supply of water or disposal of sewage or solid waste, or occupy any permanent buildings in a subdivision until:   (1) a certificate of subdivision approval has been issued pursuant to 76-4-114 indicating that the reviewing authority has approved the subdivision application and that the subdivision is not subject to a sanitary restriction;   (2) the certifying authority has provided certification pursuant to 76-4-127 that the subdivision will be provided with adequate municipal or county water and/or sewer district facilities and adequate storm water drainage; or   (3) the subdivision is otherwise exempt from review under 76-4-125.   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(4); amd. Sec. 8, Ch. 490, L. 1985; amd. Sec. 8, Ch. 280, L. 2001; amd. Sec. 1, Ch. 543, L. 2003; amd. Sec. 7, Ch. 344, L. 2017; amd. Sec. 11, Ch. 80, L. 2019.
MT Code § 76-4-122 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-122. Certain filings prohibited

  76-4-122. Certain filings prohibited. (1) The county clerk and recorder may not file or record any plat, certificate of survey, or townhome, townhouse, or condominium declaration subject to review under this part showing a subdivision unless it complies with the provisions of this part.   (2) A county clerk and recorder may not accept a subdivision plat, certificate of survey, or townhome, townhouse, or condominium declaration subject to review under this part for filing until one of the following conditions has been met:   (a) the person wishing to file the plat, certificate of survey, or townhome, townhouse, or condominium declaration has obtained approval of the local health officer having jurisdiction and has filed the approval with the reviewing authority and a certificate of subdivision approval has been issued pursuant to 76-4-114 indicating that the reviewing authority has approved the subdivision application and that the subdivision is not subject to a sanitary restriction;   (b) the person wishing to file the plat, certificate of survey, or townhome, townhouse, or condominium declaration has obtained a certificate from the certifying authority pursuant to 76-4-127 that the subdivision will be provided with adequate municipal or county water and/or sewer district facilities and adequate storm water drainage; or   (c) the person wishing to file the plat, certificate of survey, or townhome, townhouse, or condominium declaration has placed on the plat, certificate of survey, or townhome, townhouse, or condominium declaration an acknowledged certification that the subdivision is exempt from review under this part. The certification must quote in its entirety the wording of the applicable exemption.   History: (1)En. Sec. 151, Ch. 197, L. 1967; R.C.M. 1947, 69-5004; (2)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; Sec. 69-5003, R.C.M. 1947; R.C.M. 1947, 69-5003(7), 69-5004; amd. Sec. 9, Ch. 490, L. 1985; amd. Sec. 5, Ch. 592, L. 1985; amd. Sec. 29, Ch. 582, L. 1999; amd. Sec. 9, Ch. 280, L. 2001; amd. Sec. 13, Ch. 599, L. 2003; amd. Sec. 8, Ch. 344, L. 2017; amd. Sec. 12, Ch. 80, L. 2019.
MT Code § 76-4-123 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-123. Repealed

  76-4-123. Repealed. Sec. 15, Ch. 280, L. 2001.   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(1); amd. Sec. 10, Ch. 490, L. 1985; amd. Sec. 6, Ch. 592, L. 1985; amd. Sec. 30, Ch. 582, L. 1999.
MT Code § 76-4-124 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-124. Repealed

  76-4-124. Repealed. Sec. 15, Ch. 280, L. 2001.   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(2), (3); amd. Sec. 11, Ch. 490, L. 1985; amd. Sec. 7, Ch. 592, L. 1985; amd. Sec. 31, Ch. 582, L. 1999.
MT Code § 76-4-126 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-126. Right to hearing

  76-4-126. Right to hearing. (1) Upon a denial of approval of subdivision plans and specifications relating to environmental health facilities, the person who is aggrieved by the denial may request a hearing before the board. A hearing request must be filed, in writing, within 30 days after receipt of the notice of denial and must state the reason for the request. The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.   (2) If the grounds for a denial of approval under this part include noncompliance with local laws or regulations other than those adopting, pursuant to 50-2-116, state minimum standards for the control and disposal of sewage, the board shall upon receipt of a hearing request refer the local compliance issues to the appropriate local authority. After opportunity for a hearing, the local authority shall issue a determination regarding the local compliance issues, and the board shall incorporate the determination of the local authority in the board's final decision.   History: En. Sec. 5, Ch. 509, L. 1973; R.C.M. 1947, 69-5006; amd. Sec. 13, Ch. 490, L. 1985; amd. Sec. 5, Ch. 79, L. 2001.
MT Code § 76-4-127 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-127. Notice of certification that adequate storm water drainage and adequate municipal facilities will be provided

  76-4-127. Notice of certification that adequate storm water drainage and adequate municipal facilities will be provided. (1) To qualify for the exemption from review set out in 76-4-125(1)(d), the certifying authority shall send notice of certification to the reviewing authority that adequate storm water drainage and adequate municipal facilities will be provided for the subdivision. For a subdivision subject to Title 76, chapter 3, the certifying authority shall send notice of certification to the reviewing authority prior to final plat approval.   (2) The notice of certification must include the following:   (a) the name and address of the applicant;   (b) a copy of the preliminary plat included with the application for the proposed subdivision or a final plat when a preliminary plat is not necessary or, for a subdivision not subject to Title 76, chapter 3, a copy of the certificate of survey map or amended plat map or a declaration and floor plan, including the layout of each unit proposed to be recorded, under Title 70, chapter 23, part 3;   (c) the number of parcels in the subdivision;   (d) a copy of any applicable zoning ordinances in effect;   (e) how construction of the sewage disposal and water supply systems or extensions will be financed;   (f) the relative location of the subdivision to the city or the county water and/or sewer district;   (g) certification that adequate municipal or county water and/or sewer district facilities for the supply of water and disposal of sewage and solid waste will be provided. Facilities for subdivisions subject to 76-3-507 must be provided within the time that section provides.   (h) if water supply, sewage disposal, or solid waste facilities are not municipally owned, certification from the facility owners that adequate facilities will be available; and   (i) certification that the certifying authority has or will review and approve plans to ensure adequate storm water drainage.   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(part); amd. Sec. 14, Ch. 490, L. 1985; amd. Sec. 8, Ch. 592, L. 1985; amd. Sec. 32, Ch. 582, L. 1999; amd. Sec. 11, Ch. 280, L. 2001; amd. Sec. 14, Ch. 599, L. 2003; amd. Secs. 1, 2, Ch. 433, L. 2005; amd. Sec. 10, Ch. 344, L. 2017; amd. Sec. 1, Ch. 371, L. 2017; amd. Sec. 14, Ch. 80, L. 2019.
MT Code § 76-4-128 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-128. Repealed

  76-4-128. Repealed. Sec. 15, Ch. 280, L. 2001.   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(5); amd. Sec. 2, Ch. 553, L. 1981.
MT Code § 76-4-129 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-129. Joint application form and concurrent review

  76-4-129. Joint application form and concurrent review. The review required by this part and the provisions of chapter 3 may occur concurrently subject to the requirements of 76-4-115.  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(11); amd. Sec. 3, Ch. 236, L. 1981; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 8, Ch. 419, L. 2021.
MT Code § 76-4-130 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-130. Deviation from certificate of subdivision approval

  76-4-130. 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.
MT Code § 76-4-131 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-131. Applicability of public water supply laws

  76-4-131. Applicability of public water supply laws. An exclusion provided for in this part does not relieve any person of the duty to comply with the requirements of Title 75, chapter 6. An extension of a public water supply system or an extension of a public sewage system to serve a subdivision must be reviewed in accordance with the provisions of Title 75, chapter 6.  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(6); amd. Sec. 13, Ch. 280, L. 2001; amd. Sec. 16, Ch. 80, L. 2019; amd. Sec. 10, Ch. 419, L. 2021.
MT Code § 76-4-132 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-132. Special revenue account -- deposit and use of fees

  76-4-132. Special revenue account -- deposit and use of fees. (1) All fees collected by the department under 76-4-105 must be deposited in an account in the state special revenue fund.   (2) Funds in the account established in subsection (1) may be used only as provided in 76-4-105.   History: En. Sec. 2, Ch. 514, L. 1993; amd. Sec. 14, Ch. 280, L. 2001.
MT Code § 76-4-133 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-133. Installation inspection

  76-4-133. Installation inspection. A person who owns or controls a parcel of land that has been approved under this chapter for the installation of an individual, shared, or multiple-user sewage system shall:   (1) have the system inspected during installation by the local health officer, as defined in 50-1-101, or by the installer or other person designated by the local health officer; and   (2) file with the local board of health a certification by the inspector that the system has been installed in compliance with the certificate of subdivision approval and any conditions of approval.   History: En. Sec. 3, Ch. 280, L. 2001; amd. Sec. 12, Ch. 150, L. 2007; amd. Sec. 17, Ch. 80, L. 2019.
MT Code § 76-4-134 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-134. Owner request for review

  76-4-134. Owner request for review. The department may review any parcel of land submitted for review by the owner of the parcel to determine whether the parcel may be developed with water and wastewater systems and to provide adequate solid waste disposal and storm water management. Upon making the determinations, the department may issue a certificate of subdivision approval for the parcel.   History: En. Sec. 1, Ch. 279, L. 2009.
MT Code § 76-4-135 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 1. Sanitation in Subdivisions|76-4-135. State regulations no more stringent than federal regulations or guidelines

  76-4-135. State regulations no more stringent than federal regulations or guidelines. (1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.   (2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:   (a) the proposed state standard or requirement protects public health or the environment of the state; and   (b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.   (3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the department's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.   (4) (a) A person affected by a rule of the department adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the department to review the rule. If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee in an amount not to exceed $250.   (b) A person may also petition the department for a rule review under subsection (4)(a) if the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.   (5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1).   History: En. Sec. 3, Ch. 471, L. 1995.
MT Code § 76-4-1001 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 10. Penalties, Fees, and Interest|76-4-1001. Penalty factors

  76-4-1001. Penalty factors. (1) In determining the amount of an administrative or civil penalty to which subsection (4) applies, the department of environmental quality or the district court, as appropriate, shall take into account the following factors:  (a) the nature, extent, and gravity of the violation;   (b) the circumstances of the violation;   (c) the violator's prior history of any violation, which:   (i) must be a violation of a requirement under the authority of the same chapter and part as the violation for which the penalty is being assessed;   (ii) must be documented in an administrative order or a judicial order or judgment issued within 3 years prior to the date of the occurrence of the violation for which the penalty is being assessed; and   (iii) may not, at the time that the penalty is being assessed, be undergoing or subject to administrative appeal or judicial review;   (d) the economic benefit or savings resulting from the violator's action;   (e) the violator's good faith and cooperation;   (f) the amounts voluntarily expended by the violator, beyond what is required by law or order, to address or mitigate the violation or impacts of the violation; and   (g) other matters that justice may require.   (2) After the amount of a penalty is determined under subsection (1), the department of environmental quality or the district court, as appropriate, may consider the violator's financial ability to pay the penalty and may institute a payment schedule or suspend all or a portion of the penalty.   (3) The department of environmental quality may accept a supplemental environmental project as mitigation for a portion of the penalty. For purposes of this section, a "supplemental environmental project" is an environmentally beneficial project that a violator agrees to undertake in settlement of an enforcement action but which the violator is not otherwise legally required to perform.   (4) This section applies to penalties assessed by the department of environmental quality or the district court under Title 75, chapters 2, 5, 6, 11, and 20; Title 75, chapter 10, parts 2, 4, 5, and 12; and Title 76, chapter 4.   (5) The department of environmental quality may adopt rules to implement this section.   History: En. Sec. 1, Ch. 487, L. 2005; amd. Sec. 78, Ch. 324, L. 2021.
MT Code § 76-4-1002 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 10. Penalties, Fees, and Interest|76-4-1002. Collection of penalties, fees, late fees, and interest

  76-4-1002. Collection of penalties, fees, late fees, and interest. (1) If the department of environmental quality is unable to collect penalties, fees, late fees, or interest assessed pursuant to the provisions of Title 75 or Title 76, chapter 4, the department of environmental quality may assign the debt to a collection service or transfer the debt to the department of revenue pursuant to Title 17, chapter 4, part 1.   (2) (a) The reasonable collection costs of a collection service, if approved by the department of environmental quality, or assistance costs charged the department of environmental quality by the department of revenue pursuant to 17-4-103(3) may be added to the debt for which collection is being sought.   (b) (i) All money collected by the department of revenue is subject to the provisions of 17-4-106.   (ii) All money collected by a collection service must be paid to the department of environmental quality and deposited in the general fund or the accounts specified in statute for the assessed penalties, fees, late fees, or interest, except that the collection service may retain those collection costs or, if the total debt is not collected, that portion of collection costs that are approved by the department.   History: En. Sec. 2, Ch. 487, L. 2005.
MT Code § 76-4-1101 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 11. Out-of-State Sales of In-State Subdivisions (Repealed)|76-4-1101. Repealed

  76-4-1101. Repealed. Sec. 6, Ch. 170, L. 1999.   History: (1)En. Sec. 9, Ch. 191, L. 1963; Sec. 67-2109, R.C.M. 1947; (2) thru (4)En. Sec. 1, Ch. 191, L. 1963; amd. Sec. 321, Ch. 350, L. 1974; Sec. 67-2101, R.C.M. 1947; R.C.M. 1947, 67-2101, 67-2109; amd. Sec. 6, Ch. 497, L. 1979; amd. Sec. 3, Ch. 274, L. 1981.
MT Code § 76-4-1102 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 11. Out-of-State Sales of In-State Subdivisions (Repealed)|76-4-1102. Repealed

  76-4-1102. Repealed. Sec. 6, Ch. 170, L. 1999.   History: En. Sec. 2, Ch. 191, L. 1963; amd. Sec. 322, Ch. 350, L. 1974; R.C.M. 1947, 67-2102.
MT Code § 76-4-1103 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 11. Out-of-State Sales of In-State Subdivisions (Repealed)|76-4-1103. Repealed

  76-4-1103. Repealed. Sec. 6, Ch. 170, L. 1999.   History: En. Sec. 3, Ch. 191, L. 1963; amd. Sec. 323, Ch. 350, L. 1974; R.C.M. 1947, 67-2103(1).
MT Code § 76-4-1104 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 11. Out-of-State Sales of In-State Subdivisions (Repealed)|76-4-1104. Repealed

  76-4-1104. Repealed. Sec. 6, Ch. 170, L. 1999.   History: En. Sec. 3, Ch. 191, L. 1963; amd. Sec. 323, Ch. 350, L. 1974; R.C.M. 1947, 67-2103(2).
MT Code § 76-4-1105 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 11. Out-of-State Sales of In-State Subdivisions (Repealed)|76-4-1105. Repealed

  76-4-1105. Repealed. Sec. 6, Ch. 170, L. 1999.   History: En. Sec. 4, Ch. 191, L. 1963; R.C.M. 1947, 67-2104.
MT Code § 76-4-1106 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 11. Out-of-State Sales of In-State Subdivisions (Repealed)|76-4-1106. Repealed

  76-4-1106. Repealed. Sec. 6, Ch. 170, L. 1999.   History: En. Sec. 5, Ch. 191, L. 1963; amd. Sec. 324, Ch. 350, L. 1974; R.C.M. 1947, 67-2105.
MT Code § 76-4-1107 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 4. State Regulation of Subdivisions|Part 11. Out-of-State Sales of In-State Subdivisions (Repealed)|76-4-1107. Repealed

  76-4-1107. Repealed. Sec. 6, Ch. 170, L. 1999.   History: En. Sec. 6, Ch. 191, L. 1963; amd. Sec. 325, Ch. 350, L. 1974; R.C.M. 1947, 67-2106(part).