Montana Code 76-4-136. Exemption from environmental review — rulemaking
76-4-136. Exemption from environmental review — rulemaking. (1) Except as provided in subsection (2), the department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when reviewing applications under this part for subdivisions that:
Terms Used In Montana Code 76-4-136
- Department: means the department of environmental quality. 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)are located 2 or more miles from high-quality waters, as defined in 75-5-103;
(b)include 14 or fewer single-family residential subdivision lots;
(c)include wastewater systems that meet nonsignificance criteria established in rule; and
(d)demonstrate full compliance with the acquisition of necessary water rights and water availability.
(2)The exemption provided for in subsection (1) does not apply to subdivision applications that expand or are adjacent to projects exempted from the provisions of Title 75, chapter 1, parts 1 and 2, after May 2, 2023.
(3)The department shall adopt rules to implement this section.