76-8-106. Buildings for lease or rent — three or fewer buildings — application — review procedures. (1) A landowner shall submit an application for the creation of the first three or fewer buildings for lease or rent on a single tract to the department or local reviewing authority for sanitation review if review is required by Title 76, chapter 4, or to the local board or department of health if review is required by Title 50.

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Terms Used In Montana Code 76-8-106

  • Building: means a structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or property or for the operation of a business. See Montana Code 76-8-101
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 76-8-101
  • Landowner: means an owner of a legal or equitable interest in real property. See Montana Code 76-8-101
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Local reviewing authority: means a local department or board of health that is approved to conduct reviews under Title 76, chapter 4. See Montana Code 76-8-101
  • Tract: means an individual parcel of land that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. See Montana Code 76-8-101

(2)If the department or local reviewing authority approves the application, the landowner shall record the certificate of approval and any conditions for the approval of the application with the county clerk and recorder.

(3)If a building for lease or rent is created on a single tract on or after September 1, 2013, and the tract is later subdivided or an exemption from subdivision review is used pursuant to Title 76, chapter 3, any building for lease or rent on the new tract is subject to the provisions of 76-8-102, 76-8-107, and 76-8-108.