Frequently Asked Questions

What are the relevant rules and laws pertaining to environmental health review for subdivisions?
Though not exhaustive, the Health Department reviews land use under the following rules and laws:
Sanitation in Subdivisions Act
Administrative Rule 17.36 Subdivision/On-site Subsurface Wastewater Treatment Rules
Montana Circular DEQ 4
Montana Circular DEQ 20
Richland County Wastewater Regulations

I was told that the Commissioners and the Planner have to approve my subdivision-how is this different than the environmental review?
The review through the Planner and the environmental review are separate but generally linked review processes. The Planner reviews under the Subdivision and Platting Act, while the environmental health review is under the rules and laws above. The Health Department cannot answer questions relating to the Planner review, does not enforce covenants, and cannot answer to the requirements of a Planning approval; for those questions you may contact the Planner. The Planner also handles all zoning.

What is a Certificate of Subdivision Approval (COSA)?
This is a document issued by the Montana Department of Environmental Quality since 1961 for a property whenever a parcel of land that is smaller than 20 acres in size is created or has a boundary change. This document deals with storm water disposal, wastewater disposal, drinking water, and solid waste facilities on the property. It also may limit what can be built on a lot, for example many COSAs are generally only approved for one single family living unit. The COSA is not related to zoning or zoning
districts but is specific to certain lots or tracts. The COSA runs with the land, and does not change with a change of ownership.

Why is my Certificate of Subdivision Approval (COSA) different than my covenants and/or zoning?
Montana state law requires all subdivisions that create parcels of land smaller than 20 acres to receive a COSA, regardless of zoning or covenant requirements. COSA documents are issued under the Sanitation in Subdivisions Act by the MT Department of Environmental Quality (MDEQ) in conjunction with the local county health department. Covenants are documents created during Subdivision & Platting Act that are reviewed by local government (Planning Departments and County Commissioners) but only enforced by the Homeowner's Association of a subdivision. Zoning Districts are created by election and have Land Use Permit requirements related to a variety of issues that the district wants to control.

How can I find out if my property has a COSA?
Typically, the Title company should provide you with that information when you purchase your property. Otherwise, land use documents are filed with the Clerk & Recorder at the old Courthouse. Our office MAY have a copy of the COSA documents for your property, however, we do not conduct land use research at the Courthouse for you. It is possible that your property DOES NOT have a COSA document, in which case our office can advise you on the next steps.

How do I get started to have my property reviewed?
Typically you would hire an engineer or environmental consultant to prepare a subdivision application. Our office does not offer these services and cannot recommend a particular consultant, but we can identify consultants that have recently worked with our office.

How long does it take to get a subdivision approved?
Review times are largely dependent upon the completeness of the application submitted to Montana DEQ. DEQ has specific review timelines that your consultant should be able to explain. For those parcels only subject to local review, the timelines are generally much shorter as these reviews are much less complex, but are based on the unique characteristics of your property. As such, review times will vary.

What are the fees associated with subdivision review?
The Health Department does not currently charge review fees. Your consultant should be able to explain Montana DEQ review fees.

My property has a "sanitary restriction". What does that mean?
This simply means that when that lot was subdivided, the subdivider chose not to have Montana DEQ review that lot for one of a number of reasons. As such, no facilities that require water or wastewater can be erected on that lot. In order to remove this restriction, you must apply to Montana DEQ for a COSA rewrite.

I'm so confused. How do I get help?
These processes are very confusing! Please call our office for assistance.

2-13-24