Custer County planning commissioners recommend denial of one STR application, approve another with conditions

Custer County Planning Commission members voted on several short-term rental applications during their meeting; they recommended that county commissioners deny one application after neighbors raised concerns about water rights, trespass and community character, and recommended approval of a second application with a condition to mark property boundaries.

The commission voted 4-3 to recommend that county commissioners not approve the short-term rental application filed as Birch Creek Home Inc. (Mountain Meadows Ranch), citing neighbor objections and on-the-record concerns about water access, shared easements and potential impacts to ranching operations. Commissioner Daryl said, “I’m very concerned about the water…the ditches, to go in and clean them to do whatever,” and described how changes to ditch access could create problems for adjoining ranching operations.

The motion to recommend denial followed multiple written objections and public comments submitted by people who described the property as within 300 yards of existing residences and expressed worries about traffic, noise, trespass and fire risk. Rita Wilson, representing three families who provided a joint letter, said, “So we just wanna keep our community as is,” during public comment.

By contrast, the commission recommended approval of a separate STR application (applicant recorded in the meeting file) subject to a condition that property boundaries be clearly marked on site. That motion passed with a recorded set of affirmative votes during the roll call (commissioners recorded on the record as voting yes). Supporters of that application said the property manager lives nearby and can respond to issues; one public commenter, Andrew Seller, described the applicant Justin Horton as “an excellent citizen of this county,” and urged the commission to approve the application.

Commission staff and the commission discussed technical compliance issues for several applications. Staff noted recorded differences between county records and a photo submitted showing a septic tank labeled “1250 gallon,” and recommended that one approval be limited to three bedrooms rather than four unless the applicant could supply verified permitting records. Staff also told commissioners they had identified at least one application in which an unpermitted accessory building (described in the meeting as a “bunkhouse”) placed the applicant out of compliance with county resolution requirements; commissioners explicitly cited lack of compliance as the basis for recommending denial in that case.

The commission’s recommendations are advisory; county commissioners will receive the planning commission’s recommendations and may either adopt or overturn them. Staff told applicants they will be notified of the date when the county commissioners consider the planning commission’s recommendations; the meeting record shows staff saying, “we will let you know when that’s scheduled.”

Votes at a glance

- Birch Creek Home Inc. (Mountain Meadows Ranch) STR — Planning Commission recommendation: DO NOT APPROVE; vote: 4 in favor of recommending denial, 3 opposed. Reason cited on the record: neighbor objections and noncompliance concerns (water/easement/septic/accessory structure).

- (Other applicant) STR — Planning Commission recommendation: APPROVE with condition that property boundaries be marked; recorded affirmative roll-call votes on the motion (commissioners recorded as voting yes on the record).

What happens next

The planning commission’s recommendations will be forwarded to the Custer County Board of Commissioners for final action. Staff will notify applicants of the commissioners’ hearing date and any additional technical requirements (septic inspection, verified permits) that must be met before a final determination.