Montana § 76-4-127 Notice Of Certification That Adequate Storm Water Drainage And Adequate Municipal Facilities Will Be Provided

Montana Statutes

§ 76-4-127 — Notice Of Certification That Adequate Storm Water Drainage And Adequate Municipal Facilities Will Be Provided

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

76-4-127 . Notice of certification that adequate storm water drainage and adequate municipal facilities will be provided.

(1)To qualify for the exemption from review set out in 76-4-125 (1)(d), the certifying authority shall send notice of certification to the reviewing authority that adequate storm water drainage and adequate municipal facilities will be provided for the subdivision. For a subdivision subject to Title 76, chapter 3 or 25, the certifying authority shall send notice of certification to the reviewing authority prior to final plat approval.

(2)The notice of certification must include the following:

(a)the name and address of the applicant;

(b)a copy of the preliminary plat included with the application for the proposed subdivision or a final plat when a preliminary plat i

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76-4-127 . Notice of certification that adequate storm water drainage and adequate municipal facilities will be provided. (1) To qualify for the exemption from review set out in 76-4-125 (1)(d), the certifying authority shall send notice of certification to the reviewing authority that adequate storm water drainage and adequate municipal facilities will be provided for the subdivision. For a subdivision subject to Title 76, chapter 3 or 25, the certifying authority shall send notice of certification to the reviewing authority prior to final plat approval.
(2) The notice of certification must include the following:
(a) the name and address of the applicant;
(b) a copy of the preliminary plat included with the application for the proposed subdivision or a final plat when a preliminary plat is not necessary or, for a subdivision not subject to Title 76, chapter 3 or 25, a copy of the certificate of survey map or amended plat map or a declaration and floor plan, including the layout of each unit proposed to be recorded under Title 70, chapter 23, part 3;
(c) the number of parcels in the subdivision;
(d) a copy of any applicable zoning ordinances in effect;
(e) how construction of the sewage disposal and water supply systems or extensions will be financed;
(f) the relative location of the subdivision to the city or the county water and/or sewer district boundaries of the certifying authority;
(g) certification that adequate municipal or county water and/or sewer district facilities for the supply of water and disposal of sewage and solid waste will be provided. Facilities for subdivisions subject to 76-3-507 or 76-25-413 must be provided within the time required by the governing body under 76-3-507 or 76-25-413 , as applicable.
(h) if water supply, sewage disposal, solid waste, or storm water drainage facilities are not municipally owned, certification from the facility owners that adequate facilities will be available; and
(i) certification that the certifying authority has or will review and approve plans to ensure adequate storm water drainage.
(3) A municipality may be authorized to act as a reviewing authority under this section and may self-approve the municipality's own exemption.

Montana § 76-4-127 (Notice Of Certification That Adequate Storm Water Drainage And Adequate Municipal Facilities Will Be Provided) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. 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; R.C.M. 1947, 69-5003(part); amd. Sec. 14, Ch. 490, L. 1985; amd. Sec. 8, Ch. 592, L. 1985; amd. Sec. 32, Ch. 582, L. 1999; amd. Sec. 11, Ch. 280, L. 2001; amd. Sec. 14, Ch. 599, L. 2003; amd. Secs. 1, 2, Ch. 433, L. 2005; amd. Sec. 10, Ch. 344, L. 2017; amd. Sec. 1, Ch. 371, L. 2017; amd. Sec. 14, Ch. 80, L. 2019; amd. Sec. 8, Ch. 611, L. 2023; amd. Sec. 6, Ch. 555, L. 2025.