Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.36 - SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT
Subchapter 17.36.1 - Subdivision Application and Review
Rule 17.36.106 - REVIEW PROCEDURES-LOTS FILED WITH SANITARY RESTRICTIONS BEFORE 1973
Universal Citation: MT Admin Rules 17.36.106
Current through Register Vol. 18, September 20, 2024
(1) Subdivision lots recorded with sanitary restrictions prior to July 1, 1973, shall be reviewed in accordance with requirements set forth in this chapter. In cases where any requirements of this chapter would preclude the use for which each lot was originally intended, then the applicable requirements (including the absence thereof) in effect at the time such lot was recorded shall govern except that sanitary restrictions in no case shall be lifted from any such lot which cannot satisfy any of the following requirements:
(a) if a subsurface wastewater treatment system is
utilized, soil conditions must provide for safe treatment and disposal of wastewater
effluent;
(b) the proposed water supply
must comply with the requirements of this chapter; and
(c) unless a waiver is granted pursuant to ARM
17.36.601 after consultation with the local health department:
(i) if a subsurface wastewater treatment system is
utilized, there must be at least four feet from the natural ground surface to a
limiting layer;
(ii) the site for any
subsurface wastewater treatment system may not exceed 25 percent in slope;
and
(iii) no part of the lot utilized
for the subsurface wastewater treatment system components addressed in Department
Circular DEQ-4, Chapter 6 may be located in a 100-year floodplain.
AUTH: 76-4-104, MCA; IMP: 76-4-104, 76-4-114, 76-4-125, MCA
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