Montana § 76-4-112 Easements And Restrictive Covenants

Montana Statutes

§ 76-4-112 — Easements And Restrictive Covenants

Montana § 76-4-112

Title 76LAND RESOURCES AND USE

Ch. 4STATE REGULATION OF SUBDIVISIONS

Part 1Sanitation in Subdivisions

This text of Montana § 76-4-112 (Easements And Restrictive Covenants) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 76-4-112 (2026).

Text

76-4-112 . Easements and restrictive covenants.

(1)The reviewing authority may require the owner of a proposed subdivision to grant an easement or enter into a restrictive covenant pursuant to rules adopted by the department for the purpose of:

(a)ensuring the long-term operation and maintenance of water supply, storm water drainage, and sewage disposal facilities;

(b)protecting state waters; or

(c)prohibiting the placement of water wells within a ground water mixing zone.

(2)An easement or covenant required under this section must run with the land. The easement or covenant may be enforced by the reviewing authority. The easement or covenant may not be terminated without the consent of the reviewing authority.

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76-4-112 . Easements and restrictive covenants. (1) The reviewing authority may require the owner of a proposed subdivision to grant an easement or enter into a restrictive covenant pursuant to rules adopted by the department for the purpose of:
(a) ensuring the long-term operation and maintenance of water supply, storm water drainage, and sewage disposal facilities;
(b) protecting state waters; or
(c) prohibiting the placement of water wells within a ground water mixing zone.
(2) An easement or covenant required under this section must run with the land. The easement or covenant may be enforced by the reviewing authority. The easement or covenant may not be terminated without the consent of the reviewing authority.