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County attorney: DEQ does not require separate county approval for ADU assessments in subdivisions
Summary
Broadwater County officials concluded that Department of Environmental Quality (DEQ) assessments for accessory dwelling units (ADUs) within subdivisions do not require a separate county approval beyond subdivision findings of fact and public comment; staff will forward findings to DEQ when asked.
Broadwater County officials concluded during a routine agenda item that the Montana Department of Environmental Quality (DEQ) does not require an independent county approval to perform ADU-related assessments for properties within subdivisions.
Deputy county attorney Haransh Singh said his review of the DEQ regulation cited during earlier inquiries showed DEQ needs copies of the subdivision’s preliminary plat approval, the findings of fact and any public comment collected during the subdivision review process — materials already in the county file — but not a separate county approval action. “There’s no need for the county to be providing any additional approval,” Singh said.
Nicole Brown, Broadwater County community development director and planner, told commissioners the sanitarian contracted to the county (Megan) is the local reviewer and that DEQ often contracts with the same sanitarian; county staff agreed the practical path is for Megan to forward the existing findings of fact and order to DEQ when requested. Brown said she had met with commissioners individually and that the group had developed an internal understanding of what DEQ needs.
Commissioners emphasized that private covenants governing subdivisions are separate from county or DEQ authority. County staff and counsel said covenants are civil matters between property owners and “the county is not involved” in enforcing or interpreting covenants. Officials noted an owner can receive a septic approval letter from DEQ but still be restricted by covenants; resolving covenant disputes would be a private civil action.
There was no motion to adopt new county rules. Instead, staff described an operational direction: when DEQ requests county comment or an approval letter for ADU assessments, county staff will provide the recorded findings of fact and related subdivision materials already in the file. No formal application process for ADUs was mandated; commissioners said creating a local application process remains possible but is not required.
No public comment on the item was recorded.
