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Broadwater County amends subdivision rules to require on-site water supply for fire control only for ‘majors’
Summary
The Broadwater County Commission voted May 7 to amend the county's September 2024 subdivision regulations to limit the requirement for a water supply adequate for fire control to major subdivisions only; commissioners said the change responds to cost and practicality concerns for minor subdivisions.
The Broadwater County Commission on May 7 approved an amendment to the county's September 2024 subdivision regulations to require a fire-protection water supply only for "majors only," rather than for every subdivision.
Community development director Nicole Brown told the commission the amendment would add the words "for majors only" to Section 5(q) of the Broadwater County subdivision regulations to limit the water-supply requirement for fire control to major subdivisions. Brown said the change is meant to keep a required water source with sufficient volume "for effective fire control" from making small, minor subdivisions cost-prohibitive.
The amendment was introduced during a public hearing after Brown explained notice and posting requirements and cited Montana law and the county regulations in making her recommendation. Brown referenced the applicable state rule in the hearing record as "Section 76 3 5 0 1 1 I MCA" and repeatedly noted the fire protection plan requirement would still remain in effect for all subdivisions.
Commissioners said the regulation as written in September 2024 was well-intentioned but impractical when applied to one-lot and small minor subdivisions. Several commissioners voiced support for limiting the water-supply requirement to majors only, citing cost and enforcement difficulties for sprinkler or other alternatives on small residential projects. Brown also noted the county's planning board includes the Broadwater County Rural Fire District chief as a member and called the fire districts the subject-matter experts.
Brown said the county and planning board will continue reviewing the regulations and that more amendments are anticipated after the 2025 Montana legislative session produces model language for counties. She asked members of the public to send proposed edits or comments to staff for inclusion in future drafting.
The commission moved, seconded and approved the amendment by voice vote. The action adds the phrase "for majors only" to the water-supply provision in Section 5(q) regarding fire protection in the county's subdivision regulations.
Commissioners and staff said they intend to follow up with the planning board to refine language and to confirm the county stays within the scope of applicable state law and fire-authority roles.
