Montana Code Annotated
Part 1. Sanitation in Subdivisions
76-4-107. Authority to inspect and monitor -- certification

76-4-107. Authority to inspect and monitor -- certification. (1) In order to carry out the objectives of this part, to monitor the installation of sewage disposal and water supply systems, and to prevent the occurrence of water pollution problems associated with subdivision development, the reviewing authority, whenever any water supply or sewage disposal system is proposed or has been constructed, may:
(a) enter any public or private property, at reasonable times and after presentation of appropriate credentials by an authorized representative of the reviewing authority, to inspect the system in order to ensure that the plans and specifications approved for the system have been adhered to and that the provisions of this part, rules, or orders are being satisfied;
(b) require as a condition of approval that records concerning the operation of a sewage disposal or water supply system be maintained or that monitoring equipment or wells be installed, used, and maintained for the collection of data related to water quality.
(2) The reviewing authority shall require certification from a registered professional engineer that a public water supply system or a public sewage disposal system required by rule to be designed by a registered professional engineer has been constructed according to approved plans and specifications.
History: En. 69-5010 by Sec. 1, Ch. 557, L. 1977; R.C.M. 1947, 69-5010; amd. Sec. 5, Ch. 490, L. 1985; amd. Sec. 1, Ch. 294, L. 1987; amd. Sec. 7, Ch. 80, L. 2019.

Structure Montana Code Annotated

Montana Code Annotated

Title 76. Land Resources and Use

Chapter 4. State Regulation of Subdivisions

Part 1. Sanitation in Subdivisions

76-4-101. Public policy

76-4-102. Definitions

76-4-103. What constitutes subdivision

76-4-104. Rules for administration and enforcement

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

76-4-106. Cooperation with other governmental agencies

76-4-107. Authority to inspect and monitor -- certification

76-4-108. Enforcement

76-4-109. Penalties

76-4-110. Additional remedies available

76-4-111. Exemption for certain condominiums, townhomes, and townhouses

76-4-112. Easements and restrictive covenants

76-4-113. Notification to purchasers

76-4-114. Review of application

76-4-115. Contents of application -- supplemental information

76-4-116. Annual report

76-4-117. through 76-4-120 reserved

76-4-121. Restrictions on subdivision activities

76-4-122. Certain filings prohibited

76-4-123. Repealed

76-4-124. Repealed

76-4-125. Land divisions excluded from review

76-4-126. Right to hearing

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

76-4-128. Repealed

76-4-129. Joint application form and concurrent review

76-4-130. Deviation from certificate of subdivision approval

76-4-131. Applicability of public water supply laws

76-4-132. Special revenue account -- deposit and use of fees

76-4-133. Installation inspection

76-4-134. Owner request for review

76-4-135. State regulations no more stringent than federal regulations or guidelines