Unofficial Draft Copy
**** As of: 11/19/2024, 12:10:02
69th Legislature 2025 Drafter: Toni Henneman, **** LC 0543
1 **** BILL NO. ****
2 INTRODUCED BY ****
3 BY REQUEST OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT ALLOWING THE DEPARTMENT OF ENVIRONMENTAL QUALITY
6 TO USE FEES COLLECTED FOR SANITATION AND SUBDIVISION REVIEW TO BE USED FOR
7 INDEPENDENT REVIEWER TRAINING; AMENDING SECTION 76-4-105, MCA; AND PROVIDING AN
8 IMMEDIATE EFFECTIVE DATE.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 1. Section 76-4-105, MCA, is amended to read:
13 "76-4-105. Subdivision fees -- subdivision program funding. (1) The department shall adopt rules
14 setting forth fees that do not exceed actual costs for reviewing plats and subdivisions, conducting inspections
15 pursuant to 76-4-107, and conducting enforcement activities pursuant to 76-4-108. The rules must provide for a
16 schedule of fees to be paid by the applicant to the department. The fees must be used for review of plats and
17 subdivisions, conducting inspections pursuant to 76-4-107, and conducting enforcement activities pursuant to
18 76-4-108. The fees must be based on the complexity of the subdivision, including but not limited to:
19 (a) the number of lots in the subdivision;
20 (b) the type of water system to serve the development;
21 (c) the type of sewage disposal to serve the development; and
22 (d) the degree of environmental research necessary to supplement the review procedure.
23 (2) (a) Except as provided for in subsection (2)(b), for extensions requested by the department of
24 the deadlines in 76-4-114, the department shall refund the applicant:
25 (i) for the first extension, 25% of the fees;
26 (ii) for the second extension, 50% of the fees; and
27 (iii) for the third extension, the remaining fees paid.
28 (b) Reimbursement is not required for extensions:
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 Unofficial Draft Copy
**** As of: 11/19/2024, 12:10:02
69th Legislature 2025 Drafter: Toni Henneman, **** LC 0543
1 (i) requested by the applicant under 76-4-114(4); or
2 (ii) necessary under 76-4-114(5) to obtain the required information in 76-4-115(2).
3 (c) A reimbursement provided for in this subsection (2) applies only to the portions of the
4 application review being completed by the department.
5 (3) The department shall adopt rules to determine the distribution of fees:
6 (a) to the local reviewing authority for:
7 (i) reviews conducted pursuant to 76-4-104,;
8 (ii) inspections conducted pursuant to 76-4-107,; and
9 (ii) enforcement activities conducted pursuant to 76-4-108; and
10 (b) to provide training to independent reviewers pursuant to 76-4-104. Commented [TH1]: Is the intent that this training be
used for the new independent reviewers added last
11 (4) The local reviewing authority may establish a fee to review applications, conduct site visits, and session? Or all types of reviewing authorities?
12 review applicable exemptions under this chapter. The fee must be paid directly to the local reviewing authority
13 and may not exceed the local reviewing authority's actual cost that is not otherwise reimbursed by the “Independent reviewer” is defined. “Reviewer” is not.
14 department from fees adopted pursuant to this section."
15 I broke the subsection into a list since I read it to allow
the DEQ to distribute money into 2 buckets:
16 NEW SECTION. Section 2. {standard} Effective date. [This act] is effective on passage and
1. to local authorities for various purposes, and
17 approval.
2. specifically for independent reviewer training
18 - END - required in HB364.
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