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Broadwater County holds extended discussion on proposed subdivision fee schedule; hydrologic review fee draws attention
Summary
County staff presented a proposed amendment to Broadwater Countys subdivision fee schedule, including a new county-contracted hydrologic analysis review fee ($4,000 minimum) required after a district court ruling. Commissioners took the proposal under discussion and scheduled further review.
Broadwater County commissioners spent significant time on Jan. 15 discussing a proposed update to the county subdivision fee schedule, including new fees tied to court-mandated hydrologic reviews.
Nicole Brown, Broadwater County community development director and planner, presented proposed changes to preliminary, amended and final-plat fees and outlined a new county-contracted hydrologic analysis review fee with a $4,000 minimum. "This fee is $4,000 minimum," Brown said, describing the countys contract with Great West Engineering to review hydrologic assessments submitted with subdivision environmental assessments.
Why it matters: A February 14 district court ruling requires a hydrologic analysis on subdivisions that include an environmental assessment (majors and subsequent minors). County staff said the Great West Engineering review ensures the county receives an independent analysis when staff lack in-house hydrology expertise; if the review costs exceed $4,000, the additional amount would be billed to the subdivider.
Key issues discussed: - Applicability: Brown said hydrologic reviews apply to majors and subsequent minors that include environmental assessments; first minor subdivisions (for example, lifting an agricultural covenant) typically do not require an environmental assessment and therefore would not trigger the hydrologic-review fee. - Cost burden: Commissioners and staff discussed protecting taxpayers by billing development-specific review costs directly to the subdivider. - Fire protection review fee: Brown proposed a $150 county fire protection review fee to compensate fire authorities for plan review; Deputy County Attorney Caitlin Minor emphasized that local fire chiefs provide input but that final approval of fire protection plans rests with the commission. - Phasing and material vs. immaterial alterations: Brown proposed phasing fees and questioned whether material-alteration fees were necessary for final plats; she gave an example of a title change to a subdivision (Price Hills to The Village at Elk Ridge) as an immaterial change.
Next steps: Commissioners took the proposal under further review; Brown said the proposed schedule has been posted on the Broadwater County website and that the board will continue discussion at the Jan. 29 meeting and potentially on Feb. 5. Brown said she will provide revised verbiage to clarify the hydrologic-review language by the next meeting.
No formal vote was taken on Jan. 15.
