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Montana Administrative Register Notice 24-183-39 No. 8   04/25/2013    
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            BEFORE THE BOARD OF PROFESSIONAL ENGINEERS

AND PROFESSIONAL LAND SURVEYORS

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment of ARM 24.183.1001 form of corner records, 24.183.1104 uniform standards for certificates of survey, and 24.183.1107 uniform standards for final subdivision plats

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NOTICE OF AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On September 6, 2012, the Board of Professional Engineers and Professional Land Surveyors (board) published MAR notice no. 24-183-39 regarding the public hearing on the proposed amendment of the above-stated rules, at page 1716 of the 2012 Montana Administrative Register, issue no. 17.  A public hearing was scheduled in the notice and held on September 27, 2012, in Helena.

 

            2.  It was subsequently discovered that an error had occurred and the proposal notice had not been sent to all interested persons as required by the Montana Administrative Procedure Act.  Therefore, on October 25, 2012, the board published an amended notice of public hearing on the proposed amendment for MAR notice no. 24-183-39 at page 2113 of the 2012 Montana Administrative Register, issue no. 20.

 

            3.  On November 19, 2012, a second public hearing was held on the proposed amendment of the above-stated rules in Helena.  Several comments were received by the November 27, 2012, deadline.

 

            4.  The board has thoroughly considered the comments received.  A summary of the comments received and the board's responses are as follows:

 

Comments 1 through 16 pertain to ARM 24.183.1104:

 

COMMENT 1:  One commenter stated that because each county has its own records and filing requirements, it is necessary to add a sentence in (1)(a) which prescribes what the minimum margins of a certificate of survey must be, or to defer to the requirements of the filing office.

 

RESPONSE 1:  The board agrees with the comment and is amending (1)(a) accordingly.

 

COMMENT 2:  One commenter suggested that the board strike the addition of the landowner's name on the certificate of survey in ARM 24.183.1104(1)(d)(ii), because it would add cost to the individual paying for the survey.

 

RESPONSE 2:  Noting that it is the duty of the land surveyor to get the permission of the landowner to survey, the board is amending the section exactly as proposed.

 

COMMENT 3:  One commenter suggested that "(1)(c)" should be stricken after "ARM 24.183.1101" in (1)(d)(vi), because this rule does not apply exclusively to that one section.

 

RESPONSE 3:  The board agrees with the comment and is amending (1)(d)(vi) accordingly.

 

COMMENT 4:  One commenter suggested that (1)(d)(vi)(A) should provide an end-date by which monuments must be set, and that date should coincide with the date provided in ARM 24.183.1101(1)(d).

 

RESPONSE 4:  The board agrees with the comment and is amending (1)(d)(vi)(A) accordingly.

 

COMMENT 5:  One commenter suggested that the word "that" before "was used" and "a" before "control" in (1)(d)(vii) should be stricken.

 

RESPONSE 5:  The board agrees with the comment and is amending (1)(d)(vii) accordingly.

 

COMMENT 6:  One commenter stated that "nontangent" appearing twice in (1)(d)(x) should be hyphenated.

 

RESPONSE 6:  The board agrees with the comment and is amending (1)(d)(x) accordingly.

 

COMMENT 7:  Two commenters commented on the amendments to (1)(d)(x).  One stated the rule is fine as it is and the other suggested more information is needed on curve data.

 

RESPONSE 7:  The proposed amendments to this section are meant to clarify the minimum requirements for curve data, and the board notes that the land surveyor may calculate and include additional data if desired.  The board is not amending this section further.

 

COMMENT 8:  One commenter suggested that the phrase "for each line and curve" should be inserted in (1)(d)(xii) to clarify the record measurement reference.

 

RESPONSE 8:  The board agrees with the comment and is amending (1)(d)(xii) accordingly.

 

COMMENT 9:  One commenter suggested that (1)(d)(xiii) should be reformatted to add (A) and renumber (A), (B), (C), (D), and (E) to (I), (II), (III), (IV), and (V), adding "or" after (IV) and a period after (V).  Also, (F) and (G) should be renumbered (B) and (C).

 

RESPONSE 9:  The board agrees with the comment and is reformatting and renumbering (1)(d)(xiii) accordingly.

 

COMMENT 10:  One commenter stated that the first word in (1)(d)(xiii)(B) should be changed from "If" to "When" for clarity.

 

RESPONSE 10:  The board agrees with the comment and is amending (1)(d)(xiii)(B) accordingly.

 

COMMENT 11:  One commenter suggested adding language to allow the use of "POB" as an alternative abbreviation for "point of beginning" in (1)(d)(xiii)(B).

 

RESPONSE 11:  The board agrees with the comment and is amending (1)(d)(xiii)(B) accordingly.

 

COMMENT 12:  Several commenters remarked "that act" in (1)(d)(xvi) should be changed to "the Act."

 

RESPONSE 12:  The board agrees with the comment and is amending (1)(d)(xvi) accordingly.

 

COMMENT 13:  One commenter stated that the word "a" before "subdivision" in (1)(f)(vii) should be stricken.

 

RESPONSE 13:  The board agrees with the comment and is amending (1)(f)(vii) accordingly.

 

COMMENT 14:  Several commenters suggested that "act" in (1)(h) should remain uppercase.

 

RESPONSE 14:  The board agrees with the comment and is amending (1)(h) accordingly.

 

COMMENT 15:  One commenter asserted that the word "as" before "to identify" in (1)(h) should be stricken.

 

RESPONSE 15:  The board agrees with the comment and is amending (1)(h) accordingly.

 

COMMENT 16:  Several commenters suggested placing or striking commas in several areas throughout the rule to enhance clarity and meaning.

 

RESPONSE 16:  The board agrees with the comment and is amending the rule accordingly.

 

Comments 17 through 34 pertain to ARM 24.183.1107:

 

COMMENT 17:  Several commenters asserted that "Conditions of Approval" is a term of art, and should therefore be capitalized throughout this rule.

 

RESPONSE 17:  The board agrees with the comment and is amending this rule accordingly.

 

COMMENT 18:  One commenter suggested that because each county has its own records and filing requirements, it is necessary to add a sentence in (2)(a) which prescribes what the minimum margins of a plat must be or to defer to the requirements of the filing office.

 

RESPONSE 18:  The board agrees with the comment and is amending (2)(a) accordingly.

 

COMMENT 19:  One commenter stated that "(1)(c)" should be stricken after "ARM 24.183.1101" in (2)(e)(v), because this rule does not apply exclusively to that one section.

 

RESPONSE 19:  The board agrees with the comment and is amending (2)(e)(v) accordingly.

 

COMMENT 20:  One commenter suggested that (2)(e)(v)(A) should provide an end-date by which monuments must be set, and that date should coincide with the date provided in ARM 24.183.1101(1)(d).

 

RESPONSE 20:  The board agrees with the comment and is amending (2)(e)(v)(A) accordingly.

 

COMMENT 21:  One commenter stated the word "that" before "the land surveyor" in (2)(e)(vi) should be stricken.

 

RESPONSE 21:  The board agrees with the comment and is amending (2)(e)(vi) accordingly.

 

COMMENT 22:  One commenter remarked that the word "the" before "delta angle" in (2)(e)(ix) should be stricken.

 

RESPONSE 22:  The board agrees with the comment and is amending (2)(e)(ix) accordingly.

 

COMMENT 23:  One commenter stated that "nontangent" appearing twice in (2)(e)(ix) should be hyphenated.

 

RESPONSE 23:  The board agrees with the comment and is amending (2)(e)(ix) accordingly.

 

COMMENT 24:  One commenter suggested that the phrase "for each line and curve" should be inserted in (2)(e)(xi) to clarify the record measurement reference.

 

RESPONSE 24:  The board agrees with the comment and is amending (2)(e)(xi) accordingly.

 

COMMENT 25:  One commenter stated that in (2)(e)(xii) the correct term is "public record" and also suggested striking the "and" before "the bearings".

 

RESPONSE 25:  The board agrees with the comment and is amending (2)(e)(xii) accordingly.

 

COMMENT 26:  One commenter suggested that (2)(e)(xvii) should be reformatted to add (A) and renumber (A), (B), (C), and (D), to (I), (II), (III), and (IV), adding "or" after (III) and a period after (IV).  Also, (E) should be renumbered to (B).

 

RESPONSE 26:  The board agrees with the comment and is reformatting and renumbering (2)(e)(xvii) accordingly.

 

COMMENT 27:  One commenter asserted that the first word in (2)(e)(xvii)(B) should be changed from "If" to "When."

 

RESPONSE 27:  The board agrees with the comment and is amending (2)(e)(xvii)(B) accordingly.

 

COMMENT 28:  One commenter suggested adding language to allow the use of "POB" as an alternative abbreviation for "point of beginning" in (2)(e)(xvii)(B).

 

RESPONSE 28:  The board agrees with the comment and is amending (2)(e)(xvii)(B) accordingly.

 

COMMENT 29:  Several commenters suggested that the reference to "that act" be amended to "the Act" in (2)(e)(xviii).

 

RESPONSE 29:  The board agrees with the comment and is amending (2)(e)(xviii) accordingly.

 

COMMENT 30:  One commenter stated that "to" before "secure" in (2)(e)(xxiii)(C) should be stricken.

 

RESPONSE 30:  The board agrees with the comment and is amending (2)(e)(xxiii)(C) accordingly.

 

COMMENT 31:  One commenter asserted that (a) and (b) in (3) should be consolidated into one sentence.

 

RESPONSE 31:  The board agrees with the comment and is amending (3) accordingly.

 

COMMENT 32:  One commenter stated that "State" before "Department of Environmental Quality" in (5)(c) should be changed to "Montana" for clarity.

 

RESPONSE 32:  The board agrees with the comment and is amending (5)(c) accordingly.

 

COMMENT 33:  One commenter stated that "the" before "subdivision" in (5)(h) should be stricken.

 

RESPONSE 33:  The board agrees with the comment and is amending (5)(h) accordingly.

 

COMMENT 34:  Several commenters suggested that commas should be placed or stricken throughout the rule for clarity and meaning.

 

RESPONSE 34:  The board agrees with the comments and is amending the rule accordingly.

 

            5.  The board has amended ARM 24.183.1104 and 24.183.1107 with the following changes, stricken matter interlined, new matter underlined:

 

            24.183.1104  UNIFORM STANDARDS FOR CERTIFICATES OF SURVEY

            (1) remains as proposed.

            (a)  A certificate of survey must be legibly drawn with permanent black ink or printed or reproduced by a process guaranteeing a permanent record and must be 18 inches by 24 inches, or 24 inches by 36 inches, with.  Margins must be a minimum 1/2-inch margin on all sides, or as required by the filing office.

            (b) through (d) remain as proposed.

            (i)  a title or title block, including the quarter-section, section, township, range, principal meridian, county, and if applicable, city or town in which the surveyed land is located.  Except as provided in (1)(f)(v), a certificate of survey must not contain the title "plat," "subdivision," or any title other than "Certificate of Survey";

            (ii) through (v) remain as proposed.

            (vi)  the location of, and other information relating to all monuments found, set, reset, replaced, or removed as required by ARM 24.183.1101(1)(c);

            (A)  If additional monuments are to be set after the certificate of survey is filed, the location of these monuments must be shown by a distinct symbol, and the certificate of survey must contain a certification by the land surveyor as to the reason the monuments have not been set and the date by which they will be set, as required by ARM 24.183.1101(1)(d).

            (B) and (C) remain as proposed.

            (vii)  the location of any section corner or corners of divisions of sections the land surveyor deems to be pertinent to the survey, or that was used as a control in the survey;

            (viii)  basis of bearing.  For purposes of this rule, the term "basis of bearing" means the land surveyor's statement as to the origin of the bearings shown on the certificate of survey.  If the basis of bearing(s) refers to two previously monumented points in a previously filed survey document, then the two previously monumented points must be shown and described on the certificate of survey;, the line marked by the two previously monumented points must be labeled "basis of bearing," and the previously filed survey document name or number must be cited in the land surveyor's statement as to the origin of the bearing(s).  If the certificate of survey shows true bearings, the basis of bearing must describe the method by which these true bearings were determined;

            (ix)  the bearings, distances, and curve data of all boundary lines, and all control or pertinent lines used to determine the boundaries of the parcel(s) surveyed.  If the parcel surveyed is bounded by an irregular shoreline or a body of water that is a riparian boundary, the bearings and distances of a meander traverse generally paralleling the riparian boundary must be given;

            (A) through (C) remain as proposed.

            (x)  data on all curves sufficient to enable the reestablishment of the curves on the ground.  For circular curves, the data must at least include radius and arc length, and either delta angle, radial bearings, or chord bearing and distance.  All nontangent non-tangent points of intersection on the curve must show either the bearings of radial lines or chord length and bearing.  Nontangent Non-tangent curves must be so labeled;

            (xi) remains as proposed.

            (xii)  at least one record measurement reference for each line and curve, if available, must be shown;

            (xiii)  a narrative legal description of the parcel(s) surveyed.

            (A)  The land surveyor, at his or her discretion, may choose the form of the narrative legal description as follows:

            (A) remains as proposed, but is renumbered (I).

            (B) (II)  If the certificate of survey depicts the division of one or more parcels shown on a previously filed certificate of survey, the narrative legal description may be the number of the previously filed certificate of survey and the parcel number of the parcel(s) previously surveyed; or

            (C) remains as proposed, but is renumbered (III).

            (D) (IV)  If the survey creates or retraces one or more parcels, the narrative legal description may be either the metes-and-bounds description of each individual parcel created by the survey or the metes-and-bounds description of the perimeter boundary of the parcels surveyed; or

            (E) (V)  If the narrative legal description does not fall within (1)(d)(xiii)(A) (I), (B) (II), or (C) (III), then the narrative legal description required by this subsection must conform with (1)(d)(xiii)(D);(A)(IV).

            (F)  If (B)  When the narrative legal description is metes-and-bounds, the point of beginning, which is also the point of closure of the legal description of the parcel surveyed, must be labeled "Point of Beginning."; and Alternatively, the point of beginning may be labeled "POB" if the abbreviation is defined on the certificate of survey.

            (G) (C)  The requirement of this rule does not apply to certificates of survey that depict a partial retracement of the boundaries of an existing parcel or establish the location of lines or corners that control the location of an existing parcel;.

            (xiv)  all parcels created or retraced by the certificate of survey, designated by number or letter, and the bearings, distances, curve data, and area of each parcel, except as provided in (1)(f)(iii).  If a parcel created by the certificate of survey is identifiable as a 1/32 or larger aliquot part of a U.S. government section or as a U.S. government lot, it may be designated by number or letter or by its aliquot part or government lot identification;

            (xv) remains as proposed.

            (xvi)  the dated signature and the seal of the land surveyor responsible for the survey.  The land surveyor's signature certifies that the certificate of survey has been prepared in conformance with the applicable sections of the Montana Subdivision and Platting Act and the regulations adopted under that act the Act;

            (xvii) through (xix) remain as proposed.

            (e)  Certificates of survey that do not represent a division or aggregation of land, such as those depicting the retracement of an existing parcel and those prepared for informational purposes, must contain a statement as to their purpose and must meet applicable requirements of this rule for form and content.  If the purpose of a certificate of survey is stated as a retracement or partial retracement, and if multiple tracts of record contained within the parcel's perimeter boundary on the certificate of survey are not individually shown, then the certificate of survey does not expunge the tracts of record, unless it conforms to (1)(f)(iv) and contains the acknowledged certificate of the property owner(s), citing the applicable exemption in its entirety.

            (f) remains as proposed.

            (i)  If the exemption relied upon requires that the property owner enter into a covenant running with the land, the certificate of survey may not be filed, unless it shows or contains a signed and acknowledged recitation of the covenant in its entirety.

            (ii) through (iv) remain as proposed.

            (A)  The certificate of survey must contain the signatures of all landowners whose tracts of record will be altered by the proposed aggregation.  The certificate of survey must show that the exemption was used only to eliminate a boundary line or lines common to two or more tracts of record, and must clearly distinguish the prior boundary location or locations (shown, for example, by dashed or broken line(s) with a notation) from the new perimeter boundary location or locations (shown, for example, by solid line(s) with a notation); and

            (B) through (vi) remain as proposed.

            (vii)  For purposes of this rule, when the parcel of land for which an exemption from a subdivision review is claimed is being conveyed under a contract-for-deed, the terms "property owner," "landowner," and "owner" mean the seller of the land under the contract-for-deed.

            (g)  remains as proposed.

            (h)  Procedures for filing certificates of survey of divisions of land entirely exempted from the requirements of the Montana Subdivision and Platting Act.  The divisions of land described in 76-3-201, 76-3-205, and 76-3-209, MCA, and divisions of federally owned land made by a U.S. government agency are not required to be surveyed, nor must a certificate of survey or plat showing these divisions be filed with the clerk and recorder.  However, a certificate of survey of one of these divisions may be filed with the clerk and recorder if the certificate of survey meets the requirements for form and content for certificates of survey contained in this rule, and contains a certificate of all the landowners citing the applicable exemption from the act Act in its entirety, or when applicable, that the land surveyed is owned by the federal government.  The certificate of survey must establish the boundaries of the exemption parcel(s).  The certificate of survey is not required to establish, but may establish, the exterior boundaries of the remaining portion of the parent tract of land.  However, the certificate of survey must show portions of the existing unchanged boundaries sufficient as to identify the location and extent of the exemption parcel to be created.  Unsurveyed portions of the parent tract of land must be labeled, "NOT A PART OF THIS CERTIFICATE OF SURVEY" or "NOT INCLUDED IN THIS CERTIFICATE OF SURVEY".

 

            24.183.1107  UNIFORM STANDARDS FOR FINAL SUBDIVISION PLATS

            (1) and (a) remain as proposed.

            (b)  the plat includes a conditions Conditions of approval Approval sheet(s) that complies with the requirements contained in (4); and

            (c) and (2) remain as proposed.

            (a)  A plat must be legibly drawn with permanent black ink or printed or reproduced by a process guaranteeing a permanent record and must be 18 inches by 24 inches or 24 inches by 36 inches, with.  Margins must be a minimum 1/2-inch margin on all sides, or as required by the filing office.

            (b) through (e) remain as proposed.

            (i)  a title or title block, including the quarter-section, section, township, range, principal meridian, county, and if applicable, city or town in which the subdivision is located.  The title of the plat must contain the words "plat" and either "subdivision" or "addition";

            (ii) through (iv) remain as proposed.

            (v)  the location of, and other information relating to all monuments found, set, reset, replaced, or removed as required by ARM 24.183.1101(1)(c);

            (A)  If additional monuments are to be set after the plat is filed, the location of these monuments must be shown by a distinct symbol, and the plat must contain a certification by the land surveyor as to the reason the monuments have not been set and the date by which they will be set, as required by ARM 24.183.1101(1)(d).

            (B) and (C) remain as proposed.

            (vi)  the location of any section corner or corners of divisions of sections that the land surveyor deems to be pertinent to the survey or was used as control in the survey;

            (vii)  basis of bearing.  For purposes of this rule, the term "basis of bearing" means the land surveyor's statement as to the origin of the bearings shown on the plat.  If the basis of bearing(s) refers to two previously monumented points in a previously filed survey document, then the two previously monumented points must be shown and described on the plat;, the line marked by the two previously monumented points must be labeled "basis of bearing," and the previously filed survey document name or number must be cited in the land surveyor's statement as to the origin of the bearing(s).  If the plat shows true bearings, the basis of bearing must describe the method by which these true bearings were determined;

            (viii) through (B) remain as proposed.

            (C)  If a boundary, control, or pertinent line contains multiple segments of the whole, then the overall distance must be shown, and each segment must at least include distance.

            (ix)  data on all curves sufficient to enable the reestablishment of the curves on the ground.  For circular curves, the data must at least include radius and arc length, and either the delta angle, radial bearings, or chord bearing, and distance.  All nontangent non-tangent points of intersection on the curve must show either the bearings of radial lines or chord length and bearing.  Nontangent Non-tangent curves must be so labeled;

            (x) remains as proposed.

            (xi)  at least one record measurement reference for each line and curve, if available, must be shown;

            (xii) remains as proposed.

            (xiii)  all existing rights-of-way for streets, alleys, avenues, roads, and highways that adjoin or are within the boundaries of the subdivision; their names and widths from public records record (if ascertainable); and the bearings, distances, and curve data of their adjoining boundaries.  If the existing right(s)-of-way is contained within the boundaries of the subdivision, then the area of the portion of the right(s)-of-way within the subdivision shall be shown;

            (xiv) through (xvi) remain as proposed.

            (xvii)  a narrative legal description of the subdivision.

            (A)  The land surveyor, at his or her discretion, may choose the form of the narrative legal description as follows:

            (A) (I)  If the land to be subdivided is either an aliquot part of a U.S. government section or a U.S. government lot, the narrative legal description may be the aliquot part or the government lot description of the land; or

            (B) remains as proposed, but is renumbered (II).

            (C) (III)  The narrative legal description may be the metes-and-bounds description of the perimeter boundary of the subdivision; or

            (D) (IV)  If the narrative legal description does not fall within (2)(e)(xvii)(A) (I) or (B) (II), the narrative legal description required by this subsection is the metes-and-bounds description of the perimeter boundary of the subdivision; and.

            (E)  If (B)  When the narrative legal description is metes-and-bounds, the point of beginning, which is also the point of closure of the legal description of the subdivision surveyed, must be labeled "Point of Beginning."  Alternatively, the point of beginning may be labeled "POB" if the abbreviation is defined on the plat.

            (xviii)  the dated signature and the seal of the land surveyor responsible for the survey.  The land surveyor's signature certifies that the plat has been prepared in conformance with the applicable sections of the Montana Subdivision and Platting Act and the regulations adopted under that act the Act.  The land surveyor's signature and certification do not include certification of the conditions Conditions of approval Approval sheet(s);

            (xix) through (xxiii) remain as proposed.

            (A)  A statement that federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval that may limit the use of the property, including the location, size, and use are shown on the conditions Conditions of approval Approval sheet or as otherwise stated.

            (B)  A statement that buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat, and that buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing.

            (C)  A statement that all or part of the required public improvements have been installed and/or security requirements pursuant to 76-3-507, MCA, to secure the future construction of any remaining public improvements to be installed.

            (xxiv) through (f) remain as proposed.

            (3)  The following certifications of final plat approval must appear on the plat or on the conditions Conditions of approval Approval sheet as contained in (4), or recorded or filed as contained in (5) of these rules:

            (a)  a A certification by the county treasurer that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid; and,

            (b)  if applicable, certification of the local health officer having jurisdiction.

            (4)  If applicable, a sheet(s) of the plat prepared by the landowner(s) or their representative(s) depicting conformance with subdivision application approval shall be entitled "conditions Conditions of approval Approval of [insert name of subdivision]," with a title block, including the quarter-section, section, township, range, principal meridian, county, and, if applicable, city or town in which the subdivision is located, and shall contain:

            (a)  any text and/or graphic representations of requirements by the governing body for final plat approval, including, but not limited to, setbacks from streams or riparian areas, floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels;

            (b)  a certification statement by the landowner that the text and/or graphics shown on the conditions Conditions of approval Approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied; and

            (c) remains as proposed.

            (5)  If applicable, the following documents, as specified by local government, shall accompany the approved final plat and shall be recorded or filed with the plat as specified by the clerk and recorder, and the recording or filing number(s) for each document may be written on the plat by the clerk and recorder:

            (a)  a title report or certificate of a title abstractor showing the names of the owners of record of the land to be subdivided, and the names of any lien holders or claimants of record against the land, and the written consent to the subdivision by the owners of the land, if other than the subdivider, and any lien holders or claimants of record against the land;

            (b) remains as proposed.

            (c)  for lots less than 20 acres in size, exclusive of public roadways, a certification from the State Montana Department of Environmental Quality stating that it has approved the plans and specifications for water supply and sanitary facilities pursuant to 76-4-104(2), MCA;

            (d) and (e) remain as proposed.

            (f)  unless otherwise provided in local subdivision regulations, copies of final plans, profiles, grades, and specifications for improvements, including a complete grading and drainage plan, with the certification of a professional engineer, that all required improvements which have been installed are in conformance with the attached plans.  Local subdivision regulations may authorize the subdivider, under conditions satisfactory to the governing body, to prepare these plans and specifications after the final plat has been filed, or file them with a government official other than the clerk and recorder, or both.  If the approved plans and specifications are or will be filed with a government official other than the clerk and recorder, then a document or a statement on the conditions Conditions of approval Approval sheet that states where the plans can be obtained must be filed or recorded;

            (g) remains as proposed.

            (h)  any other documents satisfying the subdivision application approval required by the governing body to be filed or recorded.

 

            6.  The board is not amending ARM 24.183.1001 as proposed.

 

 

 

BOARD OF PROFESSIONAL ENGINEERS

AND PROFESSIONAL LAND SURVEYORS

DAVID ELIAS, CHAIRPERSON

 

 

/s/ DARCEE L. MOE                                 /s/ PAM BUCY

Darcee L. Moe                                           Pam Bucy, Commissioner

Rule Reviewer                                            DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State April 15, 2013

 

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