Montana § 76-4-105 Subdivision Fees -- Subdivision Program Funding

Montana Statutes

§ 76-4-105 — Subdivision Fees -- Subdivision Program Funding

Montana·Title 76 LAND RESOURCES AND USE·Ch. 4 STATE REGULATION OF SUBDIVISIONS·Part 1 Sanitation in Subdivisions

76-4-105 . Subdivision fees -- subdivision program funding.

(1)The department shall adopt rules setting forth fees that do not exceed actual costs for reviewing plats and subdivisions, conducting inspections pursuant to 76-4-107 , and conducting enforcement activities pursuant to 76-4-108 . The rules must provide for a schedule of fees to be paid by the applicant to the department. The fees must be used for review of plats and subdivisions, conducting inspections pursuant to 76-4-107 , and conducting enforcement activities pursuant to 76-4-108 . The fees must be based on the complexity of the subdivision, including but not limited to:

(a)the number of lots in the subdivision;

(b)the type of water system to serve the development;

(c)the type of sewage disposal to serve the development;

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76-4-105 . Subdivision fees -- subdivision program funding. (1) The department shall adopt rules setting forth fees that do not exceed actual costs for reviewing plats and subdivisions, conducting inspections pursuant to 76-4-107 , and conducting enforcement activities pursuant to 76-4-108 . The rules must provide for a schedule of fees to be paid by the applicant to the department. The fees must be used for review of plats and subdivisions, conducting inspections pursuant to 76-4-107 , and conducting enforcement activities pursuant to 76-4-108 . The fees must be based on the complexity of the subdivision, including but not limited to:
(a) the number of lots in the subdivision;
(b) the type of water system to serve the development;
(c) the type of sewage disposal to serve the development; and
(d) the degree of environmental research necessary to supplement the review procedure.
(2) (a) Except as provided for in subsection (2)(b), for extensions requested by the department of the deadlines in 76-4-114 , the department shall refund the applicant:
(i) for the first extension, 25% of the fees;
(ii) for the second extension, 50% of the fees; and
(iii) for the third extension, the remaining fees paid.
(b) Reimbursement is not required for extensions:
(i) requested by the applicant under 76-4-114 (4); or
(ii) necessary under 76-4-114 (5) to obtain the required information in 76-4-115 (2).
(c) A reimbursement provided for in this subsection (2) applies only to the portions of the application review being completed by the department.
(3) The department shall adopt rules to determine the distribution of fees to the local reviewing authority for reviews conducted pursuant to 76-4-104 , inspections conducted pursuant to 76-4-107 , and enforcement activities conducted pursuant to 76-4-108 .
(4) The local reviewing authority may establish a fee to review applications, conduct site visits, and review applicable exemptions under this chapter. The fee must be paid directly to the local reviewing authority and may not exceed the local reviewing authority's actual cost that is not otherwise reimbursed by the department from fees adopted pursuant to this section.

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Legislative History

Ap. p. Sec. 152, Ch. 197, L. 1967; amd. Sec. 3, Ch. 509, L. 1973; amd. Sec. 3, Ch. 529, L. 1975; amd. Sec. 3, Ch. 557, L. 1977; Sec. 69-5005, R.C.M. 1947; Ap. p. Sec. 150, Ch. 197, L. 1967; amd. Sec. 4, Ch. 509, L. 1973; amd. Sec. 2, Ch. 529, L. 1975; amd. Sec. 12, Ch. 140, L. 1977; amd. Sec. 1, Ch. 554, L. 1977; Sec. 69-5003, R.C.M. 1947; R.C.M. 1947, 69-5003(part), 69-5005(part); amd. Sec. 1, Ch. 553, L. 1981; amd. Sec. 33, Ch. 281, L. 1983; amd. Sec. 1, Ch. 696, L. 1983; amd. Sec. 3, Ch. 490, L. 1985; amd. Sec. 3, Ch. 592, L. 1985; amd. Sec. 1, Ch. 708, L. 1985; (5)En. Sec. 2, Ch. 708, L. 1985; amd. Sec. 9, Ch. 645, L. 1991; amd. Sec. 1, Ch. 514, L. 1993; amd. Sec. 6, Ch. 280, L. 2001; amd. Sec. 6, Ch. 80, L. 2019; amd. Sec. 4, Ch. 419, L. 2021; amd. Sec. 4, Ch. 611, L. 2023.