All Roll Calls
Yes: 504 • No: 41
MontanaHB 68169th Legislature, Regular Session (2025)House
Revise subdivision regulation laws involving determination of water availability
Sponsored By: John Fitzpatrick (Republican)
Signed by Governor
WaterProperty
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 3 benefits, 0 costs, 3 mixed.
Tighter limits on local subdivision decisions
Reviews use the rules in place when you submit a complete application. If newer rules would block the lot’s original intended use, the rules when the lot was recorded apply, with minimum health and water‑quality standards. Local governments must treat similar lots the same and may judge proposals only under this chapter’s criteria; they are not bound by other agencies’ decisions. They cannot demand extra water or sanitation information without the required public process, and they cannot deny or condition approval on water or sanitation comments unless an enforceable local rule applies.
New groundwater filings and meters in 2026
Starting January 1, 2026, before using small groundwater exemptions (≤35 gpm and ≤10 acre‑feet a year, or inside a stream‑depletion zone ≤20 gpm and ≤2 acre‑feet), you must file a correct notice of intent on the DNRC form. DNRC tells you defects within 10 business days; you have 60 days to fix or the notice ends. Once complete, DNRC has 10 business days to approve or deny and must say why. Within 60 days after you finish the well and start use, file a notice of completion that matches the authorized plan; you keep filing priority if you fix defects in 60 days, but authorizations expire if you miss cure deadlines. You must complete the project within 5 years; DNRC may grant one extra period up to 5 years if you show progress. DNRC issues a certificate only after a correct, complete filing with required proofs. For public water systems, water use is perfected when construction is done, and if those systems use the exemptions they must meter all use and report yearly; DNRC may fine for not complying. These rules apply to subdivision reviews on or after January 1, 2026.
New subdivisions must prove water supply
The law sets clear ways to show water for each lot. You can show a water right, a completed technical analysis for a permit or change, or a DNRC‑authorized groundwater notice of intent. Preliminary plats with new water systems (not cisterns) must include well logs or testing, hydro reports, or other DEQ‑approved evidence. A local government may require you to get DNRC approval to appropriate water before it approves the subdivision (this does not apply to cisterns, adequate public systems, or lots that do not need water). Rules also require enough water quality, amount, and dependability for the type of subdivision.
Easier drainfield, well, and stormwater rules
Drainfield mixing zones and well isolation zones must fit inside the subdivision or have an easement. One exception: a well zone that starts at least 50 feet inside the boundary may extend onto road, rail, or utility right‑of‑way land. You may place a well anywhere on a lot if you meet setback rules; reviewers cannot force one spot. Small lots with one or two homes can use simpler stormwater methods based on impervious area. Single‑family parcels with 25% or less impervious surface are exempt from storm drainage review. Parcels 5 acres or larger with 5% or less impervious area do not need stormwater review. Unchanged, working approved systems may be exempt from new review, and the state reviews new wastewater tech every two years to add proven options.
Faster, fairer subdivision reviews and reviewers
Certified local health departments with a sanitarian or engineer can review subdivisions. The state reviews when jurisdictions disagree or locals do not certify. If the state gets 110 or more new files in a month, it assigns cases to certified independent reviewers, if available, and pays them the standard rate. Independent reviewers must disclose conflicts, follow public records laws, and prepare required environmental and property‑takings documents. Reviewing authorities must give written reasons and appeal info when they deny or add conditions.
Clarifies what counts as a water right
Beginning January 1, 2026, the law sets a clear definition of a water right. A water right means an existing right, a permit, a certificate, a state water reservation, or a compact. An authorized notice of intent to appropriate groundwater under 85-2-306 is not a water right. This clarifies that filing a notice alone does not create a legal water right.
Sponsors & Cosponsors
Sponsor
John Fitzpatrick
Republican • House
Cosponsors
Ken Walsh
Republican • House
Roll Call Votes
House vote • 4/18/2025
Do Concur
Yes: 94 • No: 3
House vote • 4/17/2025
Do Concur
Yes: 100 • No: 0
Senate vote • 4/12/2025
Do Concur
Yes: 49 • No: 1
Senate vote • 4/10/2025
Do Concur As Amended
Yes: 43 • No: 7
Senate vote • 4/10/2025
AMD-HB0681.003.001 Galt D/PASS
Yes: 38 • No: 12
House vote • 3/6/2025
Do Pass
Yes: 87 • No: 12
House vote • 3/3/2025
Do Pass
Yes: 93 • No: 6
Actions Timeline
Chapter Number Assigned
5/19/2025HouseSigned by Governor
5/13/2025HouseTransmitted to Governor
5/7/2025HouseSigned by President
5/7/2025SenateSigned by Speaker
5/6/2025HouseReturned from Enrolling
4/20/2025HouseSent to Enrolling
4/18/2025House3rd Reading Senate Amendments
4/18/2025House2nd Reading Senate Amendments
4/17/2025HouseReturned to House with Amendments
4/12/2025Senate3rd Reading
4/12/2025SenateCommittee Report
4/11/2025SenateCommittee Executive Action
4/11/2025SenateHearing
4/10/2025SenateRereferred to Committee
4/10/2025Senate2nd Reading
4/10/2025Senate2nd Reading Motion to Amend
4/10/2025SenateCommittee Report
4/8/2025SenateCommittee Executive Action
4/7/2025SenateHearing
3/20/2025SenateReferred to Committee
3/14/2025Senate1st Reading
3/14/2025SenateTransmitted to Senate
3/6/2025House3rd Reading
3/6/2025HouseCommittee Report
3/4/2025House
Bill Text
Enrolled
4/18/2025
As Amended (Version 4)
4/10/2025
As Amended (Version 3)
4/8/2025
As Amended (Version 2)
3/1/2025
Introduced
2/24/2025
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