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Montana Property Transfer: What you need to know

Governing Law and Regulations

Montana Hazardous Waste Management Act, Montana Code Annotated (MCA) 75-10-401 to 75-10-451

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Hazardous waste treatment, storage, and disposal facility (TSDF) closure and post-closure rules (adoption of the federal rules): Administrative Rules of Montana (ARM) 17.53.105(2)

Landfill closure: ARM 17.50.530

Strip mines: ARM 17.24.303

Montana Radon Control Act, MCA 75-3-606

Regulatory Agencies

Department of Environmental Quality (DEQ) Permitting and Compliance Division Waste and Underground Tank Management Bureau

U.S. Environmental Protection Agency Region 8

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Montana does not have a state property transfer law. However, the state does require strip mine and solid waste landfill owners to record certain information about the facility in the land records. Montana has adopted the federal rules for recording information about TSDFs in the land records during closure. Montana also requires a radon disclosure statement before or at the time of a purchase of property.

Administration and enforcement. DEQ administers and enforces the various deed restriction requirements in Montana.

State Requirements

OVERVIEW

Any site that has an environmental permit will typically require agency notification indicating that an ownership change is anticipated with a certification that all existing permit requirements will be met by the future owner. This can often be completed by submitting a permit transfer form, but some sites may require a new permit application depending on their status.

A change of stock, title, and real estate ownership are ...


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State Requirements

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Montana Property Transfer Resources

TypeTitle
Forms Well Disclosure Certificate

Property Transfer Products

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