Current through Register Vol. 18, September 20, 2024
(1) The department shall
use the fees collected pursuant to ARM
17.36.802 to fund the
following functions:
(a) review performed pursuant
to subchapter 1 to determine whether:
(i) the
application complies with subchapter 3;
(ii) to grant a waiver or deviation pursuant to
ARM
17.36.601;
or
(iii) the proposed subdivision is
excluded from review pursuant to ARM
17.36.605;
(b) review performed pursuant
to ARM
17.30.706
to determine whether significant degradation will occur;
(c) review performed pursuant to ARM
17.30.707,
17.30.708,
17.30.715,
or
17.30.716,
regarding nondegradation;
(d)
preparation of an environmental assessment pursuant to ARM
17.4.609
and
17.4.610,
including costs of gathering data and information, analysis, printing, distribution,
and hearing costs;
(e) subject to
75-1-205,
MCA, preparation of an environmental impact statement pursuant to ARM
17.4.615
through
17.4.629,
including costs of analysis, printing, distribution, and hearing costs, and
excluding the costs of information and data gathering which are subject to fee
assessment pursuant to
75-1-202,
MCA;
(f) reimbursement of local
government entities as provided in (2) and (3); and
(g) conducting inspections and enforcement
activities pursuant to
76-4-107
and
76-4-108,
MCA.
(2) The department shall
reimburse local governing bodies under department contract to review subdivisions as
follows:
(a) for subdivisions with individual
wastewater treatment systems, the department shall reimburse $ 35 per lot plus 80
percent of the review fee under ARM
17.36.802 for the
following actions performed by the local governing body:
(i) each review of water, storm water, and
wastewater systems;
(ii) nonsignificance
determinations and categorical exemptions; and
(iii) review of revised lot layout
documents.
(3) The
department may reimburse counties that have not been delegated review authority but
that perform review services including, but not limited to, inspection of proposed
and approved facilities and assistance to persons in the application procedure as
follows:
(a) $ 35 per parcel for subdivisions with
individual or shared wastewater treatment systems. A site evaluation must accompany
the submittal.
(4) Funds must
be reimbursed to the local governing bodies quarterly, based upon the fiscal year
starting on July 1 and ending on June 30 of each year.
