Montana Code 76-4-114. Review of application
76-4-114. Review of application. Except as provided in 76-4-125, the applicant shall submit an application for review of a subdivision pursuant to the following procedure:
Terms Used In Montana Code 76-4-114
- Board: means the board of environmental review. See Montana Code 76-4-102
- 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
- Independent reviewer: means a registered sanitarian or registered professional engineer that the department has certified to conduct a review under 76-4-104. See Montana Code 76-4-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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
- Sanitary restriction: means a prohibition against the erection of any dwelling, shelter, or building requiring facilities for the supply of water or the disposition of sewage or solid waste or the construction of water supply or sewage or solid waste disposal, facilities until the department has approved plans for those facilities. 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
(1)An applicant may request a preapplication meeting with the reviewing authority prior to submitting an application. The reviewing authority shall schedule the requested meeting between the applicant and the reviewing authority within 30 days of receiving the request from the applicant. The meeting may be conducted in person, via telephone, or via teleconference. For informational purposes only, the reviewing agent shall identify the state laws and rules that may apply to the subdivision review process.
(2)If the proposed development includes onsite sewage disposal facilities, the applicant shall notify the designated agent of the local board of health prior to presenting the subdivision application to the reviewing authority. The agent may conduct a preliminary site assessment to determine whether the site meets applicable state and local requirements.
(3)(a) After submitting an application if required under the Montana Subdivision and Platting Act, the applicant shall submit an application to the reviewing authority. A subdivision application is considered to be received on the date of delivery to the reviewing authority when accompanied by the review fee established pursuant to 76-4-105.
(b)Within 15 days of the receipt of an application, the reviewing authority or independent reviewer shall determine whether the application contains the elements required by 76-4-115(1) to allow for review and shall notify the applicant of the determination. If the reviewing authority or independent reviewer determines that elements are missing from the application, the reviewing agent or agency shall identify those elements in the notification. The applicant shall address the missing elements identified by the reviewing authority or independent reviewer. A determination that an application contains the required elements for review as provided in this subsection (3)(b) does not ensure that the proposed subdivision will be approved and does not limit the ability of the reviewing authority or independent reviewer to request additional information during the review process.
(c)(i) After the reviewing authority or independent reviewer notifies the applicant that the application contains all of the required elements as provided by subsection (3)(b), the reviewing authority or independent reviewer shall make a final decision or a recommendation on the application. Except as provided by subsection (4), the reviewing authority or independent reviewer shall:
(A)make a final decision within 40 days of finding that the application contains all of the required elements if the reviewing authority is the department; or
(B)make a recommendation for approval to the department or deny the application within 30 days of finding that the application contains all of the required elements if the reviewing authority is a local department, local board of health, or independent reviewer. If the department receives a recommendation for approval of the subdivision from a local department, local board of health, or independent reviewer, the department shall make a final decision on the application within 10 days of receiving the recommendation.
(ii)If the department approves the application, the department shall issue a certificate of subdivision approval indicating that it has approved the plans and specifications and that the subdivision is not subject to a sanitary restriction.
(iii)If the reviewing authority or independent reviewer denies the application, the reviewing authority or independent reviewer shall identify the deficiencies that result in the denial in a notification to the applicant. The reviewing authority may identify other apparent deficiencies in additional information submitted after the initial application.
(d)(i) If the reviewing authority or independent reviewer denies an application and the applicant resubmits a corrected application within 30 days after the date of the denial letter, the reviewing authority or independent reviewer shall complete review of the resubmitted application within 30 days after receipt of the resubmitted application.
(ii)If the reviewing authority or independent reviewer denies an application and the applicant resubmits a corrected application after 30 days after the date of the denial letter, the reviewing authority or independent reviewer shall complete review of the resubmitted application within:
(A)55 days after receipt of the resubmitted application if the reviewing authority is the department; or
(B)45 days after receipt of the resubmitted application if the reviewing authority is a local department, local board of health, or independent reviewer.
(iii)If the review of the resubmitted application is conducted by a local department, local board of health, or independent reviewer and the reviewing authority or independent reviewer makes a recommendation to the department for approval of the application, the department shall make a final decision on the application within 10 days after the local reviewing authority or independent reviewer completes its review under subsection (3)(d)(i) or (3)(d)(ii).
(4)Except as provided in subsections (6) and (7), if the reviewing authority or independent reviewer needs an extension of a deadline in this section to complete its review or if an applicant requests an extension of a deadline, then the reviewing authority or independent reviewer shall notify the applicant of the extension prior to the end of the review deadline. An extension under this subsection may not exceed 30 days.
(5)The reviewing authority or independent reviewer may extend a deadline in this section until the items required in 76-4-115(2) are submitted. The reviewing authority or independent reviewer shall notify the applicant of the extension before the end of the review deadline. The reviewing authority or independent reviewer shall make a final decision within 30 days of receipt of the items required in 76-4-115(2).
(6)The department may extend a deadline under subsections (3)(c) and (3)(d) by 90 days if an environmental assessment is required.
(7)The department may extend a deadline under subsections (3)(c) and (3)(d) by 120 days if an environmental impact statement is required.
(8)An application is considered an overdue application if the department has not provided a response or met the statutory timelines provided in this section.
(9)If a municipal system has been delegated review authority under 75-6-112, the department is not required to review water or sewer facilities that have already been approved by the municipality.