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Code · Montana · Title 76 — Land Resources and Use · Chapter 4 · Part 1

76-4-130. (Temporary) Deviation from certificate of subdivision approval -- expedited review.

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76-4-130 . (Temporary) Deviation from certificate of subdivision approval -- expedited review.
(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.
(a)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.
(b)A person qualifies for a 15-day expedited review under this part to deviate from the certificate of subdivision approval if the person intends to add an accessory dwelling unit as provided for in 76-2-215 to a parcel with existing public water and wastewater service that has capacity for the accessory dwelling unit. (Terminates September 30, 2029--sec. 4, Ch. 619, L. 2025.)
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