Montana legislation · 2025 Regular Session
Montana HB681: Revise subdivision regulation laws involving determination of water availability
Status: Signed into law, May 19, 2025
What the bill says
An act revising laws related to local and state regulation of subdivisions and determinations of water availability; revising subdivision review criteria involving the availability of water; clarifying the definition of water right; revising processes for issuance of a certificate of water right for an appropriation of groundwater that is exempt from permitting requirements; amending sections 76-3501, 76-3-604, 76-3-608, 76-3-622, 76-4-104, 85-2-102, and 85-2-306, mca; and providing a delayed effective date and an applicability date.
From the engrossed text:
AN ACT REVISING LAWS RELATED TO LOCAL AND STATE REGULATION OF SUBDIVISIONS AND DETERMINATIONS OF WATER AVAILABILITY; REVISING SUBDIVISION REVIEW CRITERIA INVOLVING THE AVAILABILITY OF WATER; CLARIFYING THE DEFINITION OF WATER RIGHT; REVISING PROCESSES FOR ISSUANCE OF A CERTIFICATE OF WATER RIGHT FOR AN APPROPRIATION OF GROUNDWATER THAT IS EXEMPT FROM PERMITTING REQUIREMENTS; AMENDING SECTIONS 76-3501, 76-3-604, 76-3-608, 76-3-622, 76-4-104, 85-2-102, AND 85-2-306, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE AND AN APPLICABILITY DATE. Section 1. Section 76-3-501, MCA, is amended to read: "76-3-501. Local subdivision regulations. (1) The governing body of every county, city, and town shall adopt and provide for the enforcement and administration of subdivision regulations reasonably providing (b) the coordination of roads within subdivided land with other roads, both existing and planned; (c) the dedication of land for roadways and for public utility easements; (d) the improvement of roads; (e) the provision of adequate open spaces for travel, light, air, and recreation; (f) the provision of adequate transportation, water, and drainage; (g) subject to the provisions of 76-3-511, the regulation of sanitary facilities; (h) the avoidance or minimization of congestion; and (i) the avoidance of subdivisions that would involve unnecessary environmental degradation and danger of injury to health, safety, or welfare by reason of natural hazard, including but not limited to fire and - 1 - …