MT HB681

Requires subdivision applicants to demonstrate water availability for each lot through an existing water right, completed technical analysis for a water permit, or an authorized notice of intent to appropriate groundwater from the Department of Natural Resources and Conservation

Establishes that local governing body decisions on subdivisions are not constrained by state agency decisions made under separate authority, and prohibits local governments from applying different interpretations of subdivision conditions to similarly situated parcel owners

Creates a formal notice of intent process for exempt groundwater appropriations, requiring DNRC to review and authorize or deny notices within 10 business days, with appropriations to be completed within 5 years (extendable to 10 years)

Clarifies that an authorized notice of intent to appropriate groundwater is not considered a "water right" under state law, and allows governing bodies to require DNRC water appropriation approval as a condition of subdivision approval

Effective January 1, 2026, and applies to subdivisions reviewed on or after that date