Montana Code 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:
Terms Used In Montana Code 76-4-105
- Department: means the department of environmental quality. See Montana Code 76-4-102
- Reviewing authority: means the department or a local department or board of health certified to conduct a review under 76-4-104. See Montana Code 76-4-102
- Sewage: has the meaning provided in 75-5-103. See Montana Code 76-4-102
- Subdivision: means a division of land or land so divided that creates one or more parcels containing less than 20 acres, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed and includes any resubdivision, any condominium, townhome, or townhouse, or any parcel, regardless of size, that provides two or more permanent spaces for recreational camping vehicles or mobile homes. See Montana Code 76-4-102
(a)the 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)(a) Except as provided for in subsection (2)(b), for extensions requested by the department of the deadlines in 76-4-114, the department shall refund the applicant:
(i)for the first extension, 25% of the fees;
(ii)for the second extension, 50% of the fees; and
(iii)for the third extension, the remaining fees paid.
(b)Reimbursement is not required for extensions:
(i)requested by the applicant under 76-4-114(4); or
(ii)necessary under 76-4-114(5) to obtain the required information in 76-4-115(2).
(c)A reimbursement provided for in this subsection (2) applies only to the portions of the application review being completed by the department.
(3)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.
(4)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.