Montana Code Annotated
Part 1. Sanitation in Subdivisions
76-4-109. Penalties

76-4-109. Penalties. (1) A person who violates a provision of this part, except 76-4-122(1), or a rule adopted or an order issued under this part is guilty of an offense and subject to a fine in an amount not to exceed $1,000.
(2) (a) In addition to the fine specified in subsection (1), a person who violates any provision of this part or any rule adopted or order issued under this part is subject to an administrative penalty in an amount not to exceed $250 or a civil penalty in an amount not to exceed $1,000. Each day of violation constitutes a separate violation.
(b) Penalties assessed under this subsection (2) must be determined in accordance with the penalty factors in 76-4-1001. An action to recover penalties must be brought in the district court of the county in which the violation occurred.
(3) Penalties imposed under subsection (1) or (2) do not bar enforcement of this part or rules or orders issued under it by injunction or other appropriate remedy.
(4) The purpose of this section is to provide additional and cumulative remedies.
History: En. Sec. 7, Ch. 509, L. 1973; R.C.M. 1947, 69-5008(part); amd. Sec. 7, Ch. 490, L. 1985; amd. Sec. 8, Ch. 443, L. 2005; amd. Sec. 23, Ch. 487, L. 2005; amd. Sec. 44, Ch. 535, L. 2021.

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 Repealed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 Repealed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