Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                                SB 327.1
                                                SENATE BILL NO. 327
                                             INTRODUCED BY C. GLIMM
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  A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING THAT SUBDIVISION APPLICANTS MAY IDENTIFY
  WATER WELL LOCATIONS; AND AMENDING SECTIONS 76-3-622 AND 76-4-104, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 76-3-622, MCA, is amended to read:
          "76-3-622.    Water and sanitation information to accompany preliminary plat. (1) Except as
  provided in subsection (2), the subdivider shall submit to the governing body or to the agent or agency
  designated by the governing body the information listed in this section for proposed subdivisions that will
  include new water supply or wastewater facilities. The information must include:
          (a)      a vicinity map or plan that shows:
          (i)      the location, within 100 feet outside of the exterior property line of the subdivision and on the
  proposed lots, of:
          (A)      flood plains;
          (B)      surface water features;
          (C)      springs;
          (D)      irrigation ditches;
          (E)      existing, previously approved, and, for parcels less than 20 acres, proposed water wells and
  wastewater treatment systems, except that the subdivider may locate a water well anywhere on a lot, parcel, or
  tract of record if the subdivider maintains the minimum setback distances adopted in rule by the department of
  environmental quality;
          (F)      for parcels less than 20 acres, mixing zones identified as provided in subsection (1)(g); and
          (G)      the representative drainfield site used for the soil profile description as required under
  subsection (1)(d); and
          (ii)     the location, within 500 feet outside of the exterior property line of the subdivision, of public
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68th Legislature 2023                                                                                                 SB 327.1
  water and sewer facilities;
             (b)     a description of the proposed subdivision's water supply systems, storm water systems, solid
  waste disposal systems, and wastewater treatment systems, including:
             (i)     whether the water supply and wastewater treatment systems are individual, shared, multiple
  user, or public as those systems are defined in rules published by the department of environmental quality; and
             (ii)    if the water supply and wastewater treatment systems are shared, multiple user, or public, a
  statement of whether the systems will be public utilities as defined in 69-3-101 and subject to the jurisdiction of
  the public service commission or exempt from public service commission jurisdiction and, if exempt, an
  explanation for the exemption;
             (c)     a drawing of the conceptual lot layout at a scale no smaller than 1 inch equal to 200 feet that
  shows all information required for a lot layout document in rules adopted by the department of environmental
  quality pursuant to 76-4-104;
             (d)     evidence of suitability for new onsite wastewater treatment systems that, at a minimum,
  includes:
             (i)     a soil profile description from a representative drainfield site identified on the vicinity map, as
  provided in subsection (1)(a)(i)(G), that complies with standards published by the department of environmental
  quality;
             (ii)    demonstration that the soil profile contains a minimum of 4 feet of vertical separation distance
  between the bottom of the permeable surface of the proposed wastewater treatment system and a limiting
  layer; and
             (iii)   in cases in which the soil profile or other information indicates that ground water is within 7 feet
  of the natural ground surface, evidence that the ground water will not exceed the minimum vertical separation
  distance provided in subsection (1)(d)(ii);
             (e)     for new water supply systems, unless cisterns are proposed, evidence of adequate water
  availability:
             (i)     obtained from well logs or testing of onsite or nearby wells;
             (ii)    obtained from information contained in published hydrogeological reports; or
             (iii)   as otherwise specified by rules adopted by the department of environmental quality pursuant to
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68th Legislature 2023                                                                                           SB 327.1
  76-4-104;
          (f)      evidence of sufficient water quality in accordance with rules adopted by the department of
  environmental quality pursuant to 76-4-104;
          (g)      a preliminary analysis of potential impacts to ground water quality from new wastewater
  treatment systems, using as guidance rules adopted pursuant to 75-5-301 and 75-5-303 related to standard
  mixing zones for ground water, source specific mixing zones, and nonsignificant changes in water quality. The
  preliminary analysis may be based on currently available information and must consider the effects of
  overlapping mixing zones from proposed and existing wastewater treatment systems within and directly
  adjacent to the subdivision. Instead of performing the preliminary analysis required under this subsection (1)(g),
  the subdivider may perform a complete nondegradation analysis in the same manner as is required for an
  application that is reviewed under Title 76, chapter 4.
          (2)      A subdivider whose land division is excluded from review under 76-4-125(1) is not required to
  submit the information required in this section.
          (3)      A governing body may not, through adoption of regulations, require water and sanitation
  information in addition to the information required under this section unless the governing body complies with
  the procedures provided in 76-3-511."
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          Section 2. Section 76-4-104, MCA, is amended to read:
          "76-4-104.    Rules for administration and enforcement. (1) The department shall, subject to the
  provisions of 76-4-135, adopt reasonable rules, including adoption of sanitary standards, necessary for
  administration and enforcement of this part.
          (2)      The rules and standards must provide the basis for approving subdivisions for various types of
  public and private water supplies, sewage disposal facilities, storm water drainage ways, and solid waste
  disposal. The rules and standards must be related to:
          (a)      size of lots;
          (b)      contour of land;
          (c)      porosity of soil;
          (d)      ground water level;
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68th Legislature 2023                                                                                               SB 327.1
          (e)       distance from lakes, streams, and wells;
          (f)       type and construction of private water and sewage facilities; and
          (g)       other factors affecting public health and the quality of water for uses relating to agriculture,
  industry, recreation, and wildlife.
          (3)       (a) Except as provided in subsection (3)(b), the rules must provide for the review of
  subdivisions consistent with 76-4-114 by a local department or board of health, as described in Title 50, chapter
  2, part 1, if the local department or board of health employs a registered sanitarian or a registered professional
  engineer and if the department certifies under subsection (4) that the local department or board is competent to
  conduct the review.
          (b)       (i) Except as provided in 75-6-121 and subsection (3)(b)(ii) of this section, a local department or
  board of health may not review public water supply systems, public sewage systems, or extensions of or
  connections to these systems.
          (ii)      A local department or board of health may be certified by the department to review subdivisions
  proposed to connect to existing municipal or county water and/or sewer district water and wastewater systems
  previously approved by the department if no extension of the systems is required.
          (4)       The department shall also adopt standards and procedures for certification and maintaining
  certification to ensure that a local department or board of health is competent to review the subdivisions as
  described in subsection (3).
          (5)       The department shall review those subdivisions described in subsection (3) if:
          (a)       a proposed subdivision lies within more than one jurisdictional area and the respective
  governing bodies are in disagreement concerning approval of or conditions to be imposed on the proposed
  subdivision; or
          (b)       the local department or board of health elects not to be certified.
          (6)       The rules must further provide for:
          (a)       providing the reviewing authority with a copy of the plat or certificate of survey subject to review
  under this part and other documentation showing the layout or plan of development, including:
          (i)       total development area; and
          (ii)      total number of proposed units and structures requiring facilities for water supply or sewage
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68th Legislature 2023                                                                                               SB 327.1
  disposal;
          (b)      adequate evidence that a water supply that is sufficient in terms of quality, quantity, and
  dependability will be available to ensure an adequate supply of water for the type of subdivision proposed;
          (c)      evidence concerning the potability of the proposed water supply for the subdivision;
          (d)      adequate evidence that a sewage disposal facility is sufficient in terms of capacity and
  dependability;
          (e)      standards and technical procedures applicable to storm drainage plans and related designs, in
  order to ensure proper drainage ways, except that the rules must provide a basis for not requiring storm water
  review under this part for parcels 5 acres and larger on which the total impervious area does not and will not
  exceed 5%. Nothing in this section relieves any person of the duty to comply with the requirements of Title 75,
  chapter 5, or rules adopted pursuant to Title 75, chapter 5.
          (f)      standards and technical procedures applicable to sanitary sewer plans and designs, including
  soil testing and site design standards for on-lot sewage disposal systems when applicable;
          (g)      standards and technical procedures applicable to water systems;
          (h)      standards and technical procedures applicable to solid waste disposal;
          (i)      adequate evidence that a proposed drainfield mixing zone and a proposed well isolation zone
  are located wholly within the boundaries of the proposed subdivision where the proposed drainfield or well is
  located or that an easement or, for public land, other authorization has been obtained from the landowner to
  place the proposed drainfield mixing zone or proposed well isolation zone outside the boundaries of the
  proposed subdivision where the proposed drainfield or proposed well is located.
          (i)      A proposed drainfield mixing zone or a proposed well isolation zone for an individual water
  system well that is a minimum of 50 feet inside the subdivision boundary may extend outside the boundaries of
  the subdivision onto adjoining land that is dedicated for use as a right-of-way for roads, railroads, or utilities.
          (ii)     This subsection (6)(i) does not apply to the divisions provided for in 76-3-207 except those
  under 76-3-207(1)(b). Nothing in this section is intended to prohibit the extension, construction, or
  reconstruction of or other improvements to a public sewage system within a well isolation zone that extends
  onto land that is dedicated for use as a right-of-way for roads, railroads, or utilities.
          (j)      criteria for granting waivers and deviations from the standards and technical procedures
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68th Legislature 2023                                                                                                SB 327.1
  adopted under subsections (6)(e) through (6)(i);
            (k)    evidence to establish that, if a public water supply system or a public sewage system is
  proposed, provision has been made for the system and, if other methods of water supply or sewage disposal
  are proposed, evidence that the systems will comply with state and local laws and regulations that are in effect
  at the time of submission of the subdivision application under this chapter. Evidence that the systems will
  comply with local laws and regulations must be in the form of a certification from the local health department as
  provided by department rule.
            (l)    evidence to demonstrate that appropriate easements, covenants, agreements, and
  management entities have been established to ensure the protection of human health and state waters and to
  ensure the long-term operation and maintenance of water supply, storm water drainage, and sewage disposal
  facilities;
            (m)    eligibility requirements for municipalities and county water and/or sewer districts to qualify as a
  certifying authority under the provisions of 76-4-127.
            (7)    The requirements of subsection (6)(i) regarding proposed drainfield mixing zones and proposed
  well isolation zones apply to all subdivisions or divisions excluded from review under 76-4-125 created after
  October 1, 2021, except as provided in subsections (6)(i)(i) and (6)(i)(ii).
            (8)    The department shall:
            (a)    conduct a biennial review of experimental wastewater system components that have been
  granted a waiver or deviation as provided in subsection (6)(j);
            (b)    utilize relevant analysis of wastewater system components approved in other states and data
  from peer-reviewed third-party studies to conduct the review provided in subsection (8)(a);
            (c)    propose those experimental wastewater system components that meet the purposes and
  provisions of this part for adoption into the rules pursuant to this section; and
            (d)    report to the local government interim committee biennially, in accordance with 5-11-210, the
  number and type of experimental wastewater system components reviewed and the number and type of system
  components approved and provide written findings to explain why a system component was reviewed but not
  approved.
            (9)    Review and certification or denial of certification that a division of land is not subject to sanitary
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68th Legislature 2023                                                                                               SB 327.1
  restrictions under this part may occur only under those rules in effect when a complete application is submitted
  to the reviewing authority, except that in cases in which current rules would preclude the use for which the lot
  was originally intended, the applicable requirements in effect at the time the lot was recorded must be applied.
  In the absence of specific requirements, minimum standards necessary to protect public health and water
  quality apply.
          (10)     The reviewing authority may not deny or condition a certificate of subdivision approval under
  this part unless it provides a written statement to the applicant detailing the circumstances of the denial or
  condition imposition. The statement must include:
          (a)      the reason for the denial or condition imposition;
          (b)      the evidence that justifies the denial or condition imposition; and
          (c)      information regarding the appeal process for the denial or condition imposition.
          (11)     (a) The Subject to subsection (11)(b), the department may adopt rules that provide technical
  details and clarification regarding the water and sanitation information required to be submitted under 76-3-622.
          (b)      A subdivider may locate a water well anywhere on a lot, parcel, or tract of record if the
  subdivider maintains the minimum setback distances adopted in rule. The reviewing authority may not limit a
  subdivider to a single proposed well location."
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Statutes affected: 
SB0327_1.pdf: 76-3-622, 76-4-104
SB0327_2.pdf: 76-3-622, 76-4-104
Amended: 76-3-622, 76-4-102, 76-4-104
Introduced: 76-3-622, 76-4-104