Subdivisions & Sanitation Review
In Montana, there are two laws that regulate subdivision activity, and the two Acts define the term “subdivision” differently and are managed and enforced by different departments.
Montana Sanitation in Subdivisions Act (MSSA)
MSSA is enforced by Montana Dept of Environmental Quality and the local Health Department, and defines a subdivision as “a division of land or land so divided that creates one or more parcels containing less than 20 acres, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed and includes any resubdivision and any condominium or area, regardless of size, that provides permanent multiple spaces for recreational camping vehicles or mobile homes”.
Lincoln County Health Department, Environmental Health staff review sanitation proposals for water supply, stormwater drainage, solid waste and wastewater treatment under the MSSA. In addition to state regulation requirements, subdivision proposals must also meet local wastewater treatment regulations, which may be more stringent than minimum state standards.
Site evaluations must be performed by a Lincoln County Sanitarian or a Professional Engineer registered in the state of Montana. A local wastewater treatment septic permit is always required before a wastewater system is installed.
See the Septic Permitting page here for more information.
Montana Subdivision and Platting Act (MSPA)
“Subdivision” means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed and includes any re-subdivision and further includes a condominium or area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles or mobile homes.
Review and enforcement of the MSPA is the responsibility of the Planning Department. See the Planning Department’s Subdivision page here for more information on rules, regulations and permitting.