Did You Know?
Subdivisions in Montana are regulated by two separate laws. One is the Montana Subdivision and Platting Act, which focuses primarily on zoning and local planning issues, and that is administered by counties. DEQ is not involved in these parts of the subdivision process. The second subdivision law is the Montana Sanitation in Subdivisions Act. It is administered by DEQ and was written to protect water quality for public uses. When considering subdivision review timelines, please keep this in mind.
 Planning for Positive Results
DEQ’s subdivision program objective is to be clear, consistent, communicative, and to use common sense while following the law. In order to meet this objective, we are committed to the following:
Better Communication
In anticipation of a rule rewrite, DEQ has held six subdivision community meetings across the state. We’ve gathered comments from our stakeholders and those comments have informed the plan described here and are helping us target specific portions of our rules that need updates. In addition to public meetings, we’ve also created some email listservs for better targeted, more frequent communication. We’ll continue to update and add to the lists in order to be as inclusive as possible. We’ll send newsletters and status updates as we work through our regulatory reform and process improvement efforts.
Staffing
DEQ has an incredible group of talented, dedicated review engineers. Unfortunately, due to turnover and retirements, our staff are operating at 70% of where we need to be and have been for the last year. We are currently three positions short. We are now very close to having those three positions filled and that will cut down on review time.
Rule Revisions
We are currently working through a comprehensive rule update. We expect to have a draft rule package ready for public review and comment in January and plan to initiate rulemaking in the spring and adopt the rule package in the summer of 2022.
Some of the specific rules we’re updating include:
- Previously reviewed facilities
- The detail DEQ needs during milestones in the review process
- Additionally, Senate Bill 44, passed during the 2021 legislative session, required the Department to adopt rules that would allow larger lots with minimal site development to avoid costly stormwater analysis and design. This rulemaking will be incorporated in our current efforts.
- DEQ will also be looking at changes to nondegradation and trigger values, although those changes may be delayed based on ongoing legislative action.
One final note on rulemaking is that we’re convening a Subdivision Advisory Task Force, which will include engineers, builders, developers, realtors, county sanitarians, and NGOs, among others, to review and provide feedback on pieces of the rule as it’s ready. DEQ is committed to working with our stakeholders to update our subdivision regulations to ensure that they’re not only protective of human health and the environment, but are also clear, consistent, and employ common sense.
Process Improvement and Implementation of Quality Systems
DEQ’s Water Quality Division is in the process of hiring a Quality Assurance Officer. This person will help us review workflows and identify areas of process improvement to help us maintain consistency and streamline our processes. One suggestion we heard in Kalispell was to conduct surveys to gage customer satisfaction. As part of our process improvement efforts we will likely conduct surveys. Process improvement will be DEQ’s focus after rule writing efforts wrap up.
Database Improvements and Dashboards
We plan to use technology to make the subdivision submittal process easier, faster, and more transparent. We want better public access to our information, which will not only increase transparency, but also accountability. Our plan is to have a dashboard available to the public by August 2022. The dashboard will allow the regulated community to track the progress of their permits through the application and review process.
Training
Training will be provided to ensure DEQ reviewers and contracted county reviewers are providing consistent reviews. Training will also be provided to those who submit subdivision applications so that they understand what DEQ is looking for. We expect that training will significantly cut down on deficiency letters generated by DEQ and will shorten the overall review time.
Website Updates
Website updates will include posting information on public participation and will include FAQs and guidance documents and videos.
The goal of the seven steps above is to create a stakeholder process that results in not only protective, but also successful applications. DEQ wants to bridge the gap and create better relationships with our stakeholders. We look forward to working with you!
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SUBDIVISION ADVISORY
Soliciting Members!
If you are interested in representing your industry on the Subdivision Advisory Task Force, please email Amy Steinmetz at ASteinmetz@mt.gov by November 12 and state your interest in participating as well as the value that your participation would bring to the group.
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