Current through Register Vol. 18, September 20, 2024
(1) 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 approved under Title 76, chapter 4, part 1, MCA, to
deviate from the conditions of approval.
(2) The reviewing authority may exclude the
following parcels created by divisions of land from review under Title 76, chapter
4, part 1, MCA, unless the exclusion is used to evade the provisions of that part:
(a) a parcel that has no facilities for water
supply, wastewater disposal, storm drainage, or solid waste disposal, if no
facilities will be constructed on the parcel;
(b) a parcel that has a previous approval issued
under Title 76, chapter 4, part 1, MCA, if:
(i) no
facilities other than those previously approved exist or will be constructed on the
parcel; and
(ii) the division of land
will not cause approved facilities to deviate from the conditions of approval, in
violation of 76-4-130, MCA;
(c) a parcel that will be affected by a proposed
boundary line adjustment, if the parcel has existing facilities for water supply,
wastewater disposal, storm drainage, or solid waste disposal that were not subject
to review, and have not been reviewed, under Title 76, chapter 4, part 1, MCA, and
if:
(i) no facilities, other than those in
existence prior to the boundary line adjustment, or those that were previously
approved as replacements for the existing facilities, will be constructed on the
parcel;
(ii) existing facilities on the
parcel complied with state and local laws and regulations, including permit
requirements, which were applicable at the time of installation; and
(iii) the local health officer determines that
existing facilities are adequate for the existing use. As a condition of the
exemption, the local health officer may require evidence that:
(A) existing septic tanks have been pumped within
the previous three years;
(B) the parcel
includes acreage or features sufficient to accommodate a replacement
drainfield;
(C) existing wells are
adequate for the proposed uses; and
(D)
adequate storm drainage and solid waste disposal are provided.
