Keith County denies final plat for proposed road maintenance and utility easement after residents raise erosion, access concerns

Keith County commissioners on Thursday denied a final plat request by Jason Hildebrand and Jody Castillo that would have dedicated roads and utility easements in Section 7 and the north half of Section 18, near Lake McConaughey.

Zoning Administrator Cody Fenwick presented the application, saying the proposal "will establish roads and utility easements for future development" and noting that 19 property owners within 300 feet had been notified and that the county planning commission had recommended approval on Sept. 4.

Why it matters: Neighbors and nearby property owners told the commission they fear the newly graded routes will worsen erosion, do not provide safe emergency turnarounds and were in some places created without permits. Several speakers said the area’s natural drainage would be disturbed and that road work already done on private land had been inconsistent with county standards.

The most extended public comment came from a resident identified in the record as Susan Smith, who traced the dispute to unpermitted work and said a previously platted route had been abandoned in favor of a new grading track. "When Mr. Hildebrandt initially started this, he, just went in with a road grader and threw a bunch of roads in there with no permit," Smith said. She told the board the existing two‑track access dead‑ends near a power‑line right of way and that emergency vehicles would have difficulty turning around or reaching construction sites.

Lance Harter, representing Project Legacy, said the parcels’ proximity to section lines and steep slopes increased the risk of erosion and urged better planning: "I do have concern with, potential for erosion along the fence line," he said.

Commission discussion focused on several recurring concerns raised during public comment: the lack of a preliminary plat or coordinated infrastructure plan; the presence of cut slopes and unfinished two‑track routes that residents described as already eroding; the need for drainage studies and culverts; and uncertainty about where new domestic wells and septic systems might be placed in relation to existing wells.

Action: Commissioner Anderson moved to deny the final plat; Commissioner Irvin seconded. The motion passed by roll call vote: Schroeder — yes; Irvin — yes; Anderson — yes; Crandall — yes. The board recorded the denial as its formal action. The planning commission’s prior recommendation for approval remained part of the file; the board’s denial means the applicant will have to rework the proposal if it wishes to proceed.

The record: Zoning staff noted the proposal’s legal description and that the draft plat was prepared by Dickinson Land Surveyors and that 19 notices had been mailed. Several residents asked the board to require reclamation of unauthorized road cuts already visible on the land and to withhold any approvals until more detailed stormwater and site studies are submitted.

Next steps: The board directed staff to prepare the formal denial resolution for the record. Commissioners and staff discussed the possibility of returning the application with conditions if the applicant can demonstrate engineered drainage controls, a safe emergency turnaround and clarification of access rights. No formal re‑submittal timetable was set.

Local context: The parcels are on the south side of Lake McConaughey, an area where subdivision activity has been frequent; nearby homeowners and long‑time landowners said they feel planning and infrastructure coordination has not kept pace with new lot sales. The planning commission had heard opposition at its Sept. 4 meeting but recommended approval before the county board took up the final plat.

For residents and landowners who spoke, the decision reflects near‑term concerns about erosion control, road safety and the sequencing of infrastructure work; for the applicant, a denial preserves the option to revise the plat or pursue alternate permitting steps.