Montana Code 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:
Terms Used In Montana Code 76-4-112
- Department: means the department of environmental quality. See Montana Code 76-4-102
- Facilities: means public or private facilities for the supply of water or disposal of sewage or solid waste and any pipes, conduits, or other stationary method by which water, sewage, or solid wastes might be transported or distributed. See Montana Code 76-4-102
- Mixing zone: has the meaning provided in 75-5-103. 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
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- 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)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.