Table of Contents TITLE 76. LAND RESOURCES AND USE CHAPTER 4. STATE REGULATION OF SUBDIVISIONS Part 1. Sanitation in Subdivisions

Edition 2003 Other editions

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76-4-101 — Public policy 76-4-102 — Definitions 76-4-103 — What constitutes subdivis... 1 76-4-104 — Rules for administration... 76-4-105 — Subdivision fees -- subdi... 76-4-106 — Cooperation with other go... 76-4-107 — Authority to inspect and... 76-4-108 — Enforcement 76-4-109 — Penalties 76-4-110 — Additional remedies avail... 76-4-111 — Exemption for certain con... 76-4-112 — Easements and restrictive... 1 76-4-113 — Notification to purchaser... 76-4-121 — Restrictions on subdivisi... 2 76-4-122 — Filing or recording of no... 1 76-4-125 — Review of subdivision app... 76-4-126 — Right to hearing 76-4-127 — Notice of certification t... 76-4-129 — Joint application form an... 1 76-4-130 — Deviation from certificat... 76-4-131 — Applicability of public w... 76-4-132 — Special revenue account -... 76-4-133 — Installation inspection 76-4-135 — State regulations no more...

Mont. Code Ann. § 76-4-130

(2003)

Deviation from certificate of subdivision approval

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.

Comparison view: showing changes between 2003 and the current version (2025). Green underlined text was added. Red strikethrough text was removed.

(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.

(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.

Deviation from certificate of subdivision approval – expedited review

~~A person may not construct or use a facility that deviates from the certificate of~~ Terminates September 30, 2029--sec. 4, Ch. 619, L. 2025. ~~subdivision approval until the reviewing authority has approved the deviation.~~

Temporary

Deviation from certificate of subdivision approval

Effective October 1, 2029