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 § 76-4-127

Title 76LAND RESOURCES AND USE

Ch. 4STATE REGULATION OF SUBDIVISIONS

Part 1Sanitation in Subdivisions

This text of Montana § 76-4-127 (Notice Of Certification That Adequate Storm Water Drainage And Adequate Municipal Facilities Will Be Provided) 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. § 76-4-127 (2026).

Text

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.

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.