MontanaSB 26269th Legislature, Regular Session (2025)Senate

Exempt subdivision, water/sewer plans from environmental review

Sponsored By: Forrest Mandeville (Republican)

Signed by Governor

Environmental ProtectionWaterLocal GovernmentRule Making

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 0 costs, 4 mixed.

Certified local and private connection reviews

The Department can certify local health departments and, in limited cases, independent reviewers to review subdivisions that connect to existing approved municipal or county water or sewer systems. Certification only applies when no system extension is needed. The Department sets the standards to get and keep certification.

Independent reviewers: rules, pay, and workload

If 110 or more new files arrive in a month, the Department assigns that month’s applications to independent reviewers unless none are available. Independent reviewers are paid the same rate the Department pays certified local reviewers. Before assignment, an independent reviewer must disclose any conflict; conflicted files go to someone else. Independent reviewers must follow public records law and complete required documents, including real property takings paperwork.

Less state review for water, sewer, subdivisions

The Department no longer performs a separate state environmental study when it reviews water or sewer plans or subdivision applications. This removes one Title 75, chapter 1, parts 1 and 2 review step. Other health and water protection standards still apply. Approvals can move faster, but one layer of review is gone.

Local governments take on more reviews

The Department delegates reviews of small public water and sewer systems, and changes to existing systems, when a local division asks and has a satisfactory program. When a local division reviews a file, it keeps 90% of the review fee; the Department keeps 10%. Local reviewers must finish all paperwork, make required nondegradation or nonsignificance findings, and follow real property takings rules. Local health departments cannot review public water or sewer systems or extensions unless a law exception applies.

Sponsors & Cosponsors

Sponsor

Forrest Mandeville
Republican • Senate

Cosponsors

Larry Brewster
Republican • House

Roll Call Votes

All Roll Calls

Yes: 191 • No: 108

House vote • 4/11/2025

Do Concur

Yes: 57 • No: 42

House vote • 4/10/2025

Do Concur

Yes: 59 • No: 41

Senate vote • 2/21/2025

Do Pass

Yes: 39 • No: 11

Senate vote • 2/20/2025