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Rule Title: APPLICATION--CONTENTS
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Department: ENVIRONMENTAL QUALITY
Chapter: SUBDIVISIONS/ON-SITE SUBSURFACE WASTEWATER TREATMENT
Subchapter: Subdivision Application and Review
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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17.36.103    APPLICATION--CONTENTS

(1) In addition to the completed application form required by ARM 17.36.102, the following information must be submitted to the reviewing authority as part of an application:

(a) a fee calculation sheet, as provided by the department, and payment of review fees as required in subchapter 8;

(b) for multiple-user and public systems, one copy of a design report and one copy of plans and specifications for water supply, wastewater treatment, and storm water systems. For individual and shared systems, see the specific requirements in Circulars DEQ-4 and DEQ-20. Prior to final approval, the reviewing authority will require three copies of final plans and specifications for multiple-user and public systems;

(c) lot layout documents as required by ARM 17.36.104;

(d) vicinity maps or plans showing the locations of the following features:

(i) lakes, streams, irrigation ditches, wetlands, and springs; and

(ii) a large-scale vicinity map showing existing, previously approved, and proposed wells, wastewater treatment systems, drainfields, existing and approved mixing zones and other sources of contamination within 100 feet of the proposed subdivision, or approved public water and public wastewater mains within 500 feet of the boundaries of the subdivision; and lagoons within 1,000 feet of any existing or proposed drinking well;

(e) evidence that the water source for the application is sufficient in terms of quality, quantity, and dependability, in accordance with ARM 17.36.117;

(f) evidence to show whether the wastewater treatment systems, including gray water systems, are sufficient in terms of capacity and dependability in accordance with ARM Title 17, chapter 36, subchapter 3;

(g) a copy of the nondegradation analysis and calculations as required by ARM 17.30.715. If the proposed wastewater disposal facilities for a subdivision are subject to the discharge permit requirements of Title 75, chapter 5, MCA, and ARM Title 17, chapter 30, the applicant shall first obtain the discharge permit and provide the reviewing authority with a copy of the discharge permit nondegradation determination;

(h) evidence that storm water facilities will be of sufficient size and located to ensure proper drainage and treatment in accordance with ARM 17.36.310;

(i) the name of the solid waste disposal site that will serve the subdivision and information as required in ARM 17.36.120;

(j) a copy of any environmental assessment prepared for the subdivision;

(k) a copy of the plat, certificate of survey, deed, or other document that is consistent with the document that will be, or has been, filed with the county clerk and recorder for the subdivision;

(l) if planning and platting approval is required under Title 76, chapter 3, MCA, the applicant must provide:

(i) a copy of the preliminary plat approval and findings of fact; and

(ii) any public comments or summaries of public comments collected as provided in 76-3-604(7), MCA;

(m) a copy of applicable supporting legal documents;

(n) except for connections to existing public systems addressed under ARM 17.36.123 or projects within reservation boundaries, if the proposed water supply is from wells or springs, or is relocating an existing multiple-user water supply, a letter from the Department of Natural Resources and Conservation stating that the water supply:

(i) is, or is not, located in a controlled groundwater area; and

(ii) is either exempt from water rights permitting requirements or has a water right, as defined in 85-2-102, MCA;

(o) for projects within reservation boundaries, water rights predetermination information or the equivalent authorization may be provided by the appropriate water management board;

(p) a copy of any applicable existing certificate of subdivision approval and the approved lot layout document;

(q) a letter from the Montana Sage Grouse Habitat Conservation Program or evidence that the subdivision is located outside designated sage grouse habitat as required under Executive Order 12-2015;

(r) the information required in ARM 17.30.1702 regarding setbacks between sewage lagoons and wells; and

(s) all additional information that is required under this chapter or that the reviewing authority determines is reasonably necessary for the review of the proposed subdivision.

 

History: 76-4-104, MCA; IMP, 76-4-104, 76-4-125, MCA; Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, Eff. 7/13/84; AMD, 1992 MAR p. 2145, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2009 MAR p. 1786, Eff. 10/16/09; AMD, 2011 MAR p. 2278, Eff. 10/28/11; AMD, 2014 MAR p. 2098, Eff. 9/19/14; AMD, 2016 MAR p. 722, Eff. 4/23/16; AMD, 2019 MAR p. 836, Eff. 6/22/19; AMD, 2023 MAR p. 324, Eff. 4/15/23.


 

 
MAR Notices Effective From Effective To History Notes
17-421 4/15/2023 Current History: 76-4-104, MCA; IMP, 76-4-104, 76-4-125, MCA; Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, Eff. 7/13/84; AMD, 1992 MAR p. 2145, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2009 MAR p. 1786, Eff. 10/16/09; AMD, 2011 MAR p. 2278, Eff. 10/28/11; AMD, 2014 MAR p. 2098, Eff. 9/19/14; AMD, 2016 MAR p. 722, Eff. 4/23/16; AMD, 2019 MAR p. 836, Eff. 6/22/19; AMD, 2023 MAR p. 324, Eff. 4/15/23.
17-404 6/22/2019 4/15/2023 History: 76-4-104, MCA; IMP, 76-4-104, 76-4-125, MCA; Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, Eff. 7/13/84; AMD, 1992 MAR p. 2145, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2009 MAR p. 1786, Eff. 10/16/09; AMD, 2011 MAR p. 2278, Eff. 10/28/11; AMD, 2014 MAR p. 2098, Eff. 9/19/14; AMD, 2016 MAR p. 722, Eff. 4/23/16; AMD, 2019 MAR p. 836, Eff. 6/22/19.
17-380 4/23/2016 6/22/2019 History: 76-4-104, MCA; IMP, 76-4-104, 76-4-125, MCA; Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, Eff. 7/13/84; AMD, 1992 MAR p. 2145, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2009 MAR p. 1786, Eff. 10/16/09; AMD, 2011 MAR p. 2278, Eff. 10/28/11; AMD, 2014 MAR p. 2098, Eff. 9/19/14; AMD, 2016 MAR p. 722, Eff. 4/23/16.
17-358 9/19/2014 4/23/2016 History: 76-4-104, MCA; IMP, 76-4-104, 76-4-125, MCA; Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, Eff. 7/13/84; AMD, 1992 MAR p. 2145, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2009 MAR p. 1786, Eff. 10/16/09; AMD, 2011 MAR p. 2278, Eff. 10/28/11; AMD, 2014 MAR p. 2098, Eff. 9/19/14.
17-327 10/28/2011 9/19/2014 History: 76-4-104, MCA; IMP, 76-4-104, 76-4-125, MCA; Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, Eff. 7/13/84; AMD, 1992 MAR p. 2145, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2009 MAR p. 1786, Eff. 10/16/09; AMD, 2011 MAR p. 2278, Eff. 10/28/11.
17-288 10/16/2009 10/28/2011 History: 76-4-104, MCA; IMP, 76-4-104, 76-4-125, MCA; Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, Eff. 7/13/84; AMD, 1992 MAR p. 2145, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2002 MAR p. 1465, Eff. 5/17/02; AMD, 2009 MAR p. 1786, Eff. 10/16/09.
5/17/2002 10/16/2009 History: 76-4-104, MCA; IMP, 76-4-104, 76-4-125, MCA; Eff. 12/31/72; AMD, Eff. 11/4/73; AMD, Eff. 11/3/75; AMD, Eff. 5/6/76; AMD, 1977 MAR p. 746, Eff. 10/25/77; AMD, 1984 MAR p. 1027, Eff. 7/13/84; AMD, 1992 MAR p. 2145, Eff. 9/25/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2002 MAR p. 1465, Eff. 5/17/02.
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