MontanaHB 68569th Legislature, Regular Session (2025)House

Feasibility allowance for nondegradation policy

Sponsored By: Steve Fitzpatrick (Republican)

Became Law

Environmental ProtectionWaterRule Making

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 3 costs, 1 mixed.

New septic and nitrate rules for homes

The department sets rules that say when water‑quality changes are "nonsignificant" and when septic discharges count as nonsignificant for surface water. The rules set nitrate limits tied to source and treatment, with examples like 7.5 mg/L and 5.0 mg/L. The septic rules had to be adopted by July 1, 2024, and consider soil, mixing‑zone dilution and nitrogen credits, distance to surface water, and elevation. They also include drainfield and riparian attenuation credits and some exemptions. These standards can affect where and how you install or upgrade a septic system.

No degradation in outstanding waters

The department cannot grant feasibility allowances in outstanding resource waters. It also cannot allow new or bigger point‑source discharges that permanently change those waters. This protects the highest‑quality waters from authorized degradation.

Fees to apply for degradation allowance

If you file a petition for a feasibility allowance, you must pay fees. The department sets fees to cover its documented review and decision costs. Applicants are responsible for these cost‑recovery charges.

Illegal to degrade water without approval

It is illegal to degrade state waters without a feasibility allowance. Placing waste that causes pollution is illegal unless a permit authorizes it and ensures no pollution results. You must have proper authorization before any activity that could lower water quality.

Tougher rules for lowering water quality

To get a feasibility allowance, you must prove your case. You must show no feasible project change can avoid degradation, that public benefits exceed the water‑quality costs, that all uses stay protected, and that you use the least‑degrading feasible practices. The department issues a preliminary decision, gives public notice, and allows 30 days for comments before a final decision with clear conditions like monitoring, limits, and any mixing zone. The department can review an allowance, but not more than every 5 years, and can modify it if a feasible change exists after notice and a hearing. You can appeal a modification. The department also updates its rules to reference feasibility allowances.

Sponsors & Cosponsors

Sponsor

Steve Fitzpatrick
Republican • House

Cosponsors

Wylie Galt
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 175 • No: 119

House vote • 4/18/2025

Do Concur

Yes: 33 • No: 17

House vote • 4/17/2025

Do Concur

Yes: 30 • No: 17

House vote • 3/7/2025

Do Pass

Yes: 56 • No: 43

House vote • 3/5/2025