Montana Administrative Code

17.36.1103 ENFORCEMENT PROCEDURES (transferred) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-109, MCA History: NEW, 1995 MAR p. 282, Eff. 2/10/95; TRANS, from DHES, 1996 MAR p. 1499; TRANS, 17.38.603, 1998 MAR p. 2754, Eff. 10/9/98.

17.36.1107 SUSPENDED PENALTIES (transferred) Authorizing statute(s): 75-6-103, MCA Implementing statute(s): 75-6-109, MCA History: NEW, 1995 MAR p. 282, Eff. 2/10/95; TRANS, from DHES, 1996 MAR p. 1499; TRANS, to 17.36.607, 1998 MAR p. 2754, Eff. 10/9/98.

17.36.111 MOBILE HOMES AND RECREATIONAL CAMPING VEHICLES IS REPEALED Rules 17.36.112 Authorizing statute(s): 76-4-104, MCA Implementing statute(s): 76-4-104, 76-4-125, MCA History: NEW, 1984 MAR p. 1027, Eff. 7/13/84; AMD, 1992 MAR p. 2145, Eff. 9/25/92; TRANS, from DHES, 1996 MA…

17.36.112 REVIEW OF PREVIOUSLY APPROVED FACILITIES: PROCEDURES (1) A facility previously approved under Title 76, chapter 4, MCA, that is submitted for review under this chapter is not subject to review if the facility: (a) is not proposed to be changed; (b) is not affected by a …

17.36.115 CERTIFICATION OF INDEPENDENT REVIEWERS AS THE REVIEWING AUTHORITY (1) An engineer or sanitarian may be certified as an independent reviewer to review files under 76-4-104(4), MCA, subject to the requirements in this rule. (2) An engineer or sanitarian must complete the …

17.36.116 CERTIFICATION OF LOCAL DEPARTMENT OR BOARD OF HEALTH AS THE REVIEWING AUTHORITY (1) A local department or board of health, if it requests certification, must be certified as the reviewing authority within the scope of 76-4-104(3), MCA, if the following requirements are …

17.36.117 WATER SYSTEMS (1) Plans for proposed subdivision facilities that include public water supply systems must be reviewed in accordance with the provisions of Title 75, chapter 6, MCA, and ARM Title 17, chapter 38, subchapter 1. (2) Non-Public Water Systems must comply with…

17.36.120 SOLID WASTES (1) Solid wastes stored within the subdivision must be placed in adequate containers and removed at a frequency to prevent a nuisance. When removed from the subdivision, the solid wastes must be disposed of at a department-licensed site in accordance with A…

17.36.121 REQUIREMENTS FOR SYSTEMS DESIGNED BY PROFESSIONAL ENGINEERS (1) The requirements in this rule apply to systems for which plans and specifications must be submitted to the department by a professional engineer under ARM 17.36.117(1) and (2), 17.36.310(2), or 17.36.320(2)…

17.36.122 OPERATION AND MAINTENANCE, OWNERSHIP, EASEMENTS, AND AGREEMENTS (1) 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 approp…

17.36.123 CONNECTION TO PUBLIC WATER SUPPLY AND WASTEWATER SYSTEMS (1) 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 …

17.36.124 SUBDIVISIONS ADJACENT TO STATE WATERS (1) 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 …

17.36.125 CONDOMINIUM CONVERSIONS (1) 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, are subject to review under the requirements of this chapter…

17.36.126 ADOPTION BY REFERENCE (1) 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: (a) Department Circular DEQ-1, "Standards for Water…

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 (1) The applicant shall submit a storm drainage plan in accordance with department Circular DEQ-8 to the reviewing authority. (2) Storm drainage plans must be prepared by a professional engineer if the subdivision application proposes either of the follow…

17.36.319 GRAY WATER REUSE (1) 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. (2) Except as provided in (3) and (4), treatment and disposal of gray water must be by means of a wa…

17.36.320 SEWAGE SYSTEMS: DESIGN AND CONSTRUCTION (1) 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 restri…

17.36.321 SEWAGE SYSTEMS: ALLOWABLE NEW AND REPLACEMENT SYSTEMS (1) 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 tr…

17.36.322 SEWAGE SYSTEMS: SITING (1) 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 pe…

17.36.323 SETBACKS (1) 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 applica…

17.36.324 SEWAGE SYSTEMS: FLOODPLAINS (1) 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. (2) The applicant shall submit e…

17.36.325 SEWAGE SYSTEMS: SITE EVALUATION (1) 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 …

17.36.327 SEWAGE SYSTEMS: EXISTING SYSTEMS (1) 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 sew…

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 (1) This rule sets out, for purposes of the review of proposed subdivisions, the requirements for minimum lot or parcel size. (2) Subject to (4), each proposed new subdivision lot, area proposed for condominiums, or area proposed for permanent multiple spaces …

17.36.601 WAIVERS--DEVIATIONS (1) 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. (…

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. …