ARM 17.36.110. CERTIFICATE OF APPROVAL

(1) Subject to the local certification requirements set out in (2), the reviewing authority shall issue a certificate of subdivision approval if: (a) an applicant has submitted all of the information required by this chapter; (b) the requirements of this chapter and of the Montana Environmental Policy Act have been met; and (c) the reviewing authority determines that: (i) wastewater will not pollute or degrade state waters or endanger public health; (ii) all wastewater disposal facilities are sufficient in terms of capacity and dependability; (iii) the water supply will be sufficient in terms of quality, quantity, and dependability; (iv) solid waste disposal will be in accordance with applicable state laws and rules; and (v) storm drainage will have proper drainageways and the drainage will not pollute state waters. (2) The reviewing authority may not issue a certificate of subdivision approval if non-public facilities for water supply or for the disposal of wastewater are proposed, unless the applicant has submitted evidence, in accordance with ARM 17.36.108(1), that the design for the non-public water supply and wastewater disposal facilities complies with applicable laws and regulations of local government. (3) Pursuant to a contract between the department and a local reviewing authority, minor changes to a certificate of subdivision approval may be made through an approval by the local reviewing authority of an "as-built" lot layout document. Amendment of the certificate of approval shall be effective upon filing of the approved "as-built" lot layout document with the clerk and recorder's office, with a copy sent to the department. Only the following changes may be made through the "as-built" procedure: (a) relocation of structures, water systems, or sewer systems, provided that the changes comply with Title 76, chapter 4, part 1, MCA, this chapter, and all related rules and regulations; and (b) changes to structures, water, or wastewater systems that do not significantly affect the approval statement of the subdivision.