MontanaHB 18069th Legislature, Regular Session (2025)HouseWALLET

Revise sanitation in subdivision laws related to mixing zones

Sponsored By: Courtenay Sprunger (Republican)

Became Law

Planning and DevelopmentWaterCountiesEnvironmental ProtectionLocal Government

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 5 benefits, 0 costs, 3 mixed.

Fewer penalties and access mandates for businesses

For jurisdiction‑wide local health rules, private businesses are not forced to deny customers access to premises, goods, or services. For noncompliance with those access mandates, local government cannot fine, revoke a business license, or bring misdemeanor or criminal charges. People confirmed to have a communicable disease and under a public isolation order can still be denied access. Local boards still enforce all other lawfully adopted health rules. “Private business” includes nonprofits, corporations, sole proprietors, and LLCs.

Limits on local emergency health orders

A local board’s emergency health order lasts only during a declared emergency or until the governing body holds a public meeting and a majority votes to change or end it. An emergency order cannot limit a person’s in‑person attendance at or operation of a place of worship.

Stronger local public health duties and rules

Local boards must find and act on public health problems. They track disease, test, isolate or quarantine, treat, and abate nuisances. Boards inspect, issue written orders to fix or remove hazards, and can bring enforcement actions. They can propose local rules on disease control, sanitation in buildings, tattooing and body piercing, and institutional controls, as long as rules do not conflict with state law. Boards may adopt implementing rules to enforce local regulations.

Local sewage rules, variances, and possible fees

Local boards must propose sewage control rules at least as strict as state standards for buildings not already covered by other titles. Local variance standards must match the Department of Environmental Quality’s rules, and appeals go to the DEQ under 75-5-305. Boards may propose fees to run these programs, but fees take effect only if the local governing body adopts them.

No septic or well zones on neighbors' land

The law blocks new septic drainfields on parcels created after March 30, 2011 if their mixing zone would cross a neighbor’s private land, unless 76-4-104(7)(i) applies. A “proposed drainfield mixing zone” covers zones submitted after March 30, 2011 for parcels created after that date and excludes zones approved before March 30, 2011 and zones approved under Title 50, chapter 2, part 1 before October 1, 2025. For wells, local health rules must deny a permit when the well’s isolation zone would cross onto a neighbor’s land unless the neighbor authorizes it. A well isolation zone is a 100‑foot radius by default, and the department can approve a smaller radius. A “proposed well isolation zone” covers submissions after October 1, 2013 and excludes earlier ones.

Local health boards must organize and staff

Local boards must recommend a qualified local health officer. They must elect a presiding officer and other officers and adopt meeting bylaws. Boards must meet at least quarterly. Each board must name a public health liaison to the state: the full‑time local health officer, or else the highest‑ranking public‑health professional.

More funding and tribal public health teamwork

Local boards can accept and spend money from federal, state, school district, or other sources for public health. They can work with tribes, tribal organizations, and the Indian Health Service on planning, data, reporting, funding, service delivery, and jurisdiction. Boards may offer other reasonable and necessary local public health services.

Clearer subdivision and sanitation review definitions

A land split is a subdivision if it creates parcels under 20 acres (not counting public roads) or provides two or more permanent spaces for RVs or mobile homes. “Mixing zone” uses the meaning in 75-5-103. A “certifying authority” can be a city or county water or sewer district that meets department eligibility rules. An “independent reviewer” must be a registered sanitarian or professional engineer certified by the department.

Sponsors & Cosponsors

Sponsor

Courtenay Sprunger
Republican • House

Cosponsors

Forrest Mandeville
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 295 • No: 0

House vote • 4/9/2025

Do Concur

Yes: 49 • No: 0

House vote • 4/8/2025

Do Concur

Yes: 47 • No: 0

House vote • 1/31/2025

Do Pass

Yes: 99 • No: 0

House vote • 1/30/2025