Terms Used In Montana Code > Title 76 > Chapter 4 - State Regulation of Subdivisions

• Adequate municipal facilities: means municipally, publicly, or privately owned facilities that supply water, treat sewage, or dispose of solid waste for all or most properties within the boundaries of a municipality and that are operating in compliance with Title 75, chapters 5 and 6, including development plans approved by the department pursuant to 75-6-130. See Montana Code 76-4-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Board: means the board of environmental review. See Montana Code 76-4-102
• Certifying authority: means a municipality or a county water and/or sewer district that meets the eligibility requirements established by the department under 76-4-104(7). See Montana Code 76-4-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract: A legal written agreement that becomes binding when signed.
• Department: means the department of environmental quality. See Montana Code 76-4-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Extension of a public sewage system: means a sewerline that connects two or more sewer service lines to a sewer main. See Montana Code 76-4-102
• Extension of a public water supply system: means a waterline that connects two or more water service lines to a water main. See Montana Code 76-4-102
• Facilities: means public or private facilities for the supply of water or disposal of sewage or solid waste and any pipes, conduits, or other stationary method by which water, sewage, or solid wastes might be transported or distributed. See Montana Code 76-4-102
• Independent reviewer: means a registered sanitarian or registered professional engineer that the department has certified to conduct a review under 76-4-104. See Montana Code 76-4-102
• Individual water system: means any water system that serves one living unit or commercial unit and that is not a public water supply system as defined in 75-6-102. See Montana Code 76-4-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Mixing zone: has the meaning provided in 75-5-103. See Montana Code 76-4-102
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Proposed drainfield mixing zone: means a mixing zone submitted for approval under this chapter after March 30, 2011. See Montana Code 76-4-102
• Proposed well isolation zone: means a well isolation zone submitted for approval under this chapter after October 1, 2013. See Montana Code 76-4-102
• public sewage disposal system: means a public sewage system as defined in 75-6-102. See Montana Code 76-4-102
• Public water supply system: has the meaning provided in 75-6-102. See Montana Code 76-4-102
• Regional authority: means any regional water authority, regional wastewater authority, or regional water and wastewater authority organized pursuant to the provisions of Title 75, chapter 6, part 3. See Montana Code 76-4-102
• Registered professional engineer: means a person licensed to practice as a professional engineer under Title 37, chapter 67. See Montana Code 76-4-102
• Registered sanitarian: means a person licensed to practice as a sanitarian under Title 37, chapter 40. See Montana Code 76-4-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reviewing authority: means the department or a local department or board of health certified to conduct a review under 76-4-104. See Montana Code 76-4-102
• Sanitary restriction: means a prohibition against the erection of any dwelling, shelter, or building requiring facilities for the supply of water or the disposition of sewage or solid waste or the construction of water supply or sewage or solid waste disposal, facilities until the department has approved plans for those facilities. See Montana Code 76-4-102
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sewage: has the meaning provided in 75-5-103. See Montana Code 76-4-102
• Solid waste: has the meaning provided in 75-10-103. See Montana Code 76-4-102
• Statute: A law passed by a legislature.
• Subdivision: means 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, any condominium, townhome, or townhouse, or any parcel, regardless of size, that provides two or more permanent spaces for recreational camping vehicles or mobile homes. See Montana Code 76-4-102
• Well isolation zone: means the area within a 100-foot radius of a water well or a smaller, site-specific radius as approved by the department. See Montana Code 76-4-102