MontanaSB 26269th Legislature, Regular Session (2025)SenateWALLET

Exempt subdivision, water/sewer plans from environmental review

Sponsored By: Forrest Mandeville (Republican)

Became Law

Environmental ProtectionWaterLocal GovernmentRule Making

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Storm drainage checks waived for small home parcels

Parcels that are already exempt under listed subdivision rules do not need storm drainage review if used for a single‑family home and no more than 25% of the parcel is impervious. All listed conditions must be met to get this waiver.

Water and sewer plans skip state environmental review

The state no longer uses its environmental review process when it checks water or sewer system plans and specs under this program. This shortens steps for applicants and the department during these technical plan reviews.

Independent reviewers handle surges, with training and equal pay

If 110 or more new files arrive in a month, the department assigns that month’s applications to independent reviewers when one is available. The department had to set certification steps and a training program for these reviewers by December 31, 2023. Independent reviewers are paid at the same rate as certified local health entities. They must also complete environmental and real property takings documents for each review.

More local control of water and sewer reviews

The department must let a qualified local division take over reviews for small public water and sewer work when the local government asks and has an approved program. The state writes rules for how delegation works. When locals do a delegated review, they keep 90% of the review fee and the state keeps 10%. Local reviewers must finish paperwork for the Montana Environmental Policy Act, real property takings, and water nondegradation and nonsignificance findings. Local health boards generally cannot review public systems unless allowed under this delegation or for simple connections to already‑approved systems with no extension. If a subdivision spans more than one area and local governments disagree, or the local health board is not certified, the state does the review.

Small subdivisions skip some environmental review

A subdivision is exempt from parts 1 and 2 of the state environmental review if it meets all tests: it is at least 2 miles from high‑quality waters, has 14 or fewer single‑family lots, uses wastewater systems that meet nonsignificance rules, and shows full water rights and water availability. The exemption does not apply if the project expands or sits next to one that was exempted after May 2, 2023.

Sponsors & Cosponsors

Sponsor

Forrest Mandeville
Republican • Senate

Cosponsors

Larry Brewster
Republican • House

Roll Call Votes

All Roll Calls

Yes: 190 • No: 108

Senate vote • 4/11/2025

Do Concur

Yes: 57 • No: 42

Senate vote • 4/10/2025

Do Concur

Yes: 58 • No: 41

Senate vote • 2/21/2025

Do Pass

Yes: 39 • No: 11

Senate vote • 2/20/2025