76-4-130. Deviation from certificate of subdivision approval. (1) Except as provided in subsection (2), a person may not construct or use a facility that deviates from the certificate of subdivision approval until the reviewing authority has approved the deviation.
(2) A person may deviate from the certificate of subdivision approval without approval by the reviewing authority if the deviation consists solely of connecting to municipal, county water and/or sewer district, or regional authority facilities in place of previously approved facilities. The department may require notification when a person connects to municipal, county water and/or sewer district, or regional authority facilities.
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(9); amd. Sec. 15, Ch. 490, L. 1985; amd. Sec. 12, Ch. 280, L. 2001; amd. Sec. 15, Ch. 80, L. 2019; amd. Sec. 9, Ch. 419, L. 2021.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 4. State Regulation of Subdivisions
Part 1. Sanitation in Subdivisions
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
76-4-110. 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
76-4-117. through 76-4-120 reserved
76-4-121. Restrictions on subdivision activities
76-4-122. Certain filings prohibited
76-4-125. Land divisions excluded from review
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