(1) Subject to the local certification requirements set out in (2) and (3) ,
the reviewing authority shall issue a certificate of subdivision approval if:
(a) an applicant has submitted all of the
information required by this chapter;
(b) the requirements of this chapter and of the
Montana Environmental Policy Act have been met; and
(c) the reviewing authority determines that:
(i) wastewater will not pollute or degrade state
waters or endanger public health;
(ii) all wastewater disposal facilities are
sufficient in terms of capacity and dependability;
(iii) the water supply will be sufficient in terms
of quality, quantity, and dependability;
(iv) solid waste disposal will be in accordance
with applicable state laws and rules; and
(v) storm drainage will have proper drainageways
and the drainage will not pollute state waters.
(2) The reviewing authority may not issue a
certificate of subdivision approval if non-public facilities for water supply
or for the disposal of wastewater are proposed, unless the applicant has
submitted evidence, in accordance with ARM 17.36.108, that the design for the
non-public water supply and wastewater disposal facilities complies with
applicable laws and regulations of local government.
(3) The reviewing authority shall identify, in
its certificate of subdivision approval, all conditions of approval imposed by
the local health officer in its review pursuant to ARM 17.36.108. Requirements
of the local health officer may not be less stringent than state standards for
the control and disposal of sewage promulgated pursuant to 75-5-305(2) , MCA.
(4) Pursuant to a contract between the
department and a local reviewing authority, minor changes to a certificate of
subdivision approval may be made through an approval by the local reviewing
authority of an "as-built" lot layout document. Amendment of the
certificate of approval shall be effective upon filing of the approved
"as-built" lot layout document with the clerk and recorder's office,
with a copy sent to the department. Only the following changes may be made
through the "as-built" procedure:
(a) relocation of structures, water systems, or
sewer systems, provided that the changes comply with Title 76, chapter 4, part
1, MCA, this chapter, and all related rules and regulations; and
(b) changes to structures, water, or wastewater
systems that do not significantly affect the approval statement of the
subdivision.