Montana Code 76-4-120. Development plans — exceptions
76-4-120. Development plans — exceptions. (1) A reviewing authority may not approve a subdivision under this chapter that is subject to a development plan approved under 75-6-130 unless the subdivision is subject to the provisions of Title 76, chapter 3, and the governing body has required department certification before final plat approval pursuant to 76-3-507(5).
Terms Used In Montana Code 76-4-120
- Adequate municipal facilities: means municipally, publicly, or privately owned facilities that supply water, treat sewage, or dispose of solid waste for all or most properties within the boundaries of a municipality and that are operating in compliance with Title 75, chapters 5 and 6, including development plans approved by the department pursuant to 75-6-130. See Montana Code 76-4-102
- Certifying authority: means a municipality or a county water and/or sewer district that meets the eligibility requirements established by the department under 76-4-104(7). See Montana Code 76-4-102
- 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
- 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
(2)A certifying authority may not certify that a division under 76-4-125(1)(d) will be served by adequate municipal facilities pursuant to a development plan approved under 75-6-130 unless the division is subject to the provisions of Title 76, chapter 3, and the governing body has required department certification before final plat approval pursuant to 76-3-507(5).