Montana Administrative Code

17.36.122 OPERATION AND MAINTENANCE, OWNERSHIP, EASEMENTS, AND AGREEMENTS Public systems must be owned by an individual or entity that meets the requirements of 75-6-126, MCA. The owner must be responsible for operation and maintenance and must have authority to charge appropriat…

17.36.123 CONNECTION TO PUBLIC WATER SUPPLY AND WASTEWATER SYSTEMS New water supply and sewage disposal facilities in a proposed subdivision must be provided by a connection to a public water supply or public wastewater system if any boundary of the subdivision is within 500 feet…

17.36.124 SUBDIVISIONS ADJACENT TO STATE WATERS Where the department has determined that the disposal of sewage from a proposed subdivision may adversely affect the quality of a lake or other state waters, the department may require additional information and data concerning such…

17.36.125 CONDOMINIUM CONVERSIONS Except as provided in (2) and (3) , condominiums, including those to be constructed on parcels of land that are exempted from review under the provisions of Title 76, chapter 3, MCA, and including conversion of existing structures into condominiu…

17.36.126 ADOPTION BY REFERENCE For purposes of this chapter, the department adopts and incorporates by reference the following documents. All references to these documents in this chapter refer to the edition set out below: Department Circular DEQ-1, "Standards for Water Works,"…

17.36.301 LOT SIZES (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, Eff. 7/13/84; AMD, 1992 MAR p. 2…

17.36.302 PUBLIC WATER AND SEWER (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, 76-4-125, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, Eff. 7/13…

17.36.303 INDIVIDUAL WATER SUPPLY SYSTEMS (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, 76-4-125, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, …

17.36.304 INDIVIDUAL SEWAGE TREATMENT SYSTEMS (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, 76-4-125, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 10…

17.36.305 MULTIPLE USER WATER SUPPLY SYSTEMS (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, 76-4-125, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 102…

17.36.310 STORM DRAINAGE The applicant shall submit a storm drainage plan in accordance with department Circular DEQ-8 to the reviewing authority. Storm drainage plans must be prepared by a professional engineerif the subdivision application proposes either of the following: six …

17.36.319 GRAY WATER REUSE This rule applies to gray water reuse on subdivision parcels that are subject to review, or that have been approved, under Title 76, chapter 4, MCA. Except as provided in (3) and (4), treatment and disposal of gray water must be by means of a wastewater…

17.36.320 SEWAGE SYSTEMS: DESIGN AND CONSTRUCTION All components of sewage treatment systems must be designed and installed in accordance with Department Circular DEQ-4, Department Circular DEQ-2, or other applicable department circular and are subject to the following restrictio…

17.36.321 SEWAGE SYSTEMS: ALLOWABLE NEW AND REPLACEMENT SYSTEMS All systems must be designed and installed in accordance with Department Circular DEQ-4, Department Circular DEQ-2, or other applicable department circular. Requirements applicable to review of existing sewage treatm…

17.36.322 SEWAGE SYSTEMS: SITING Gravity-fed subsurface sewage treatment systems may not be used if natural slopes are greater than 15 percent. A pressure-dosed sewage treatment system with a design flow of 5000 gallons per day or less may be used on slopes greater than 15 percen…

17.36.323 SETBACKS Minimum setback distances, in feet, shown in Table 2 of this rule must be maintained, except as provided in the table footnotes or as allowed through a deviation granted under ARM Title 17, chapter 38, subchapter 1. The setbacks in this rule are not applicable …

17.36.324 SEWAGE SYSTEMS: FLOODPLAINS The applicant shall identify the location of any floodplain on the lot layout document. The department may require the applicant to provide additional information, such as elevations at specific locations. The applicant shall submit evidence …

17.36.325 SEWAGE SYSTEMS: SITE EVALUATION The reviewing authority may require that percolation tests, conducted in accordance with department Circular DEQ-4, be performed within the boundary of each proposed subsurface sewage treatment system. Percolation tests must be keyed by a…

17.36.327 SEWAGE SYSTEMS: EXISTING SYSTEMS The provisions of (2) through (5) apply only to existing non-public sewage systems in proposed subdivisions. Facilities previously approved under Title 76, chapter 4, MCA, must be reviewed in accordance with ARM 17.36.112. Public sewage …

17.36.330 WATER SUPPLY SYSTEMS--GENERAL (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, MCA History: NEW, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2003 MAR p. 221, Eff. 2/14/03; AMD, 2014 MAR p. 2098, Eff. 9/19/14; AMD, 2018 MAR p. 1588, Eff. 8/11/…

17.36.331 WATER SUPPLY SYSTEMS: WATER QUALITY (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, MCA History: NEW, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2006 MAR p. 528, Eff. 2/24/06; AMD, 2014 MAR p. 2098, Eff. 9/19/14; REP, 2023 MAR p. 324, Eff. …

17.36.332 WATER SUPPLY SYSTEMS: WATER QUANTITY AND DEPENDABILITY (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, MCA History: NEW, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2003 MAR p. 221, Eff. 2/14/03; AMD, 2014 MAR p. 2098, Eff. 9/19/14; REP, 202…

17.36.333 WATER SUPPLY SYSTEMS: DESIGN AND CONSTRUCTION (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, MCA History: NEW, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2003 MAR p. 221, Eff. 2/14/03; AMD, 2014 MAR p. 2098, Eff. 9/19/14; REP, 2023 MAR p. …

17.36.334 WATER SUPPLY SYSTEMS: OPERATION AND MAINTENANCE, OWNERSHIP, EASEMENTS, AND AGREEMENTS (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, MCA History: NEW, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2014 MAR p. 2098, Eff. 9/19/14; AMD, 2016 MAR…

17.36.335 WATER SUPPLY SYSTEMS: EXISTING SYSTEMS (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, MCA History: NEW, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2006 MAR p. 528, Eff. 2/24/06; AMD, 2014 MAR p. 2098, Eff. 9/19/14; AMD, 2018 MAR p. 1588, E…

17.36.336 ALTERNATE WATER SUPPLY SYSTEMS (REPEALED) Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, MCA History: NEW, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2003 MAR p. 221, Eff. 2/14/03; AMD, 2006 MAR p. 528, Eff. 2/24/06; AMD, 2014 MAR p. 2098, Eff. 9/19/…

17.36.340 LOT SIZES This rule sets out, for purposes of the review of proposed subdivisions, the requirements for minimum lot or parcel size. Subject to (4), each proposed new subdivision lot, area proposed for condominiums, or area proposed for permanent multiple spaces for recr…

17.36.601 WAIVERS--DEVIATIONS The department may grant a waiver from a requirement of this subchapter only if a waiver is specifically authorized for that requirement and the applicant demonstrates that the conditions in the specific waiver authorization and in (3) are met. The d…

17.36.602 SUBDIVISIONS IN MASTER PLANNED AREA IS REPEALED Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-125, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, Eff. …

17.36.605 EXCLUSIONS The exclusions in this rule are in addition to the exclusions set out in 76-4-111 and 76-4-125(2), MCA. A subdivision excluded under 76-4-111 or 76-4-125(2), MCA, is subject to review under 76-4-130, MCA, if the subdivision causes facilities previously approv…

17.36.606 EXCLUSIONS--COMPLIANCE WITH PUBLIC WATER SUPPLY ACT IS REPEALED Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-125, MCA History: Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MA…

17.36.610 CERTIFYING AUTHORITY UNDER 76-4-127, MCA A county water and/or sewer district is eligible to be a certifying authority under 76-4-127, MCA, if the district: is incorporated under Title 7, chapter 13, MCA; is in compliance with Title 75, chapters 5 and 6, MCA; has an on-…

17.36.611 SUBDIVISIONS EXEMPT FROM MEPA REVIEW A department action under this subchapter is exempt from conducting an environmental review under Title 75, chapter1, parts 1 and 2, MCA, if the subdivision meets the criteria in 76-4-136, MCA. To qualify for this exemption, the appl…

17.36.801 PURPOSE The purpose of this subchapter is to establish a schedule of fees to be paid to the department for the local and state review of subdivision applications. The schedule consists of three sections relating to the collection of fees for the review of divisions of l…

17.36.802 FEE SCHEDULES An applicant for approval under this subchapter shall pay the following fees: type of lots: subdivision lot or parcel or townhouse $ 160 condominium/trailer court/recreational camping vehicle campground unit or space $ 60 resubmittal fee - previously appro…

17.36.804 DISPOSITION OF FEES The department shall use the fees collected pursuant to ARM 17.36.802 to fund the following functions: review performed pursuant to subchapter 1 to determine whether: the application complies with subchapter 3; to grant a waiver or deviation pursuant…

17.36.805 CHANGES IN SUBDIVISION If, during the review process, or after approval, an applicant proposes to change the water supply system, wastewater treatment system, storm water drainage plan, or solid waste disposal plan of a subdivision or if such changes are necessitated by…

17.36.901 SCOPE IS REPEALED Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; REP, 2003 MAR p. 222, Eff. 2/14/03.

17.36.902 GENERAL REQUIREMENTS IS REPEALED Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2000 MAR p. 3398, Eff. 12/8/00; REP, 2003 MAR p. 222, Eff. 2/14/03.

17.36.903 DEFINITIONS IS REPEALED Authorizing statute(s): 75-5-201, MCA Implementing statute(s): Sec. 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2000 MAR p. 3398, Eff. 12/8/00; REP, 2003 MAR p. 222, Eff. 2/14/03.

17.36.907 TECHNICAL REQUIREMENTS IS REPEALED Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2000 MAR p. 3398, Eff. 12/8/00; REP, 2003 MAR p. 222, Eff. 2/14/03.

17.36.909 VARIANCE APPEALS TO THE DEPARTMENT IS REPEALED Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; REP, 2003 MAR p. 222, Eff. 2/14/03.

17.36.910 LOCAL VARIANCES IS REPEALED SUBSURFACE WASTEWATER TREATMENT Authorizing statute(s): 75-5-201, MCA Implementing statute(s): 75-5-305, MCA History: NEW, 1992 MAR p. 2148, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; REP, 2003 MAR p. 222, Eff. 2/14/03.