76-4-130. Deviation from certificate of subdivision approval. (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.

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Terms Used In Montana Code 76-4-130

  • 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Regional authority: means any regional water authority, regional wastewater authority, or regional water and wastewater authority organized pursuant to the provisions of Title 75, chapter 6, part 3. 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 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.