Montana Code Annotated
Part 1. Sanitation in Subdivisions
76-4-112. Easements and restrictive covenants

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.
History: En. Sec. 1, Ch. 280, L. 2001.

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