Broadwater County discusses formal process for DEQ letters to support accessory dwelling units

Broadwater County commissioners and planning staff discussed a proposed process to provide Department of Environmental Quality (DEQ) letters of approval for accessory dwelling units, commonly called ADUs, within subdivisions. Commissioners said the county will pursue a formal permitting authorization form and draft regulations and set a goal to vote on the measures by Oct. 1, though they cautioned that date is not firm.

The discussion centered on creating an objective, consistent process so county staff can respond to DEQ requests for a county position on proposed ADUs without becoming involved in enforcing private subdivision covenants. Commissioners and staff said covenants remain private agreements among property owners and enforcement is a civil matter; the county’s role, they said, is limited to documenting landowner acknowledgments and confirming basic site conditions for DEQ.

Planning staff described two draft documents: (1) a permitting authorization form that would record landowner and parcel information and require an owner acknowledgment that the proposed ADU complies with any private covenants, and (2) a set of draft ADU regulations based on Montana Senate Bill 532 and the comparable municipal statute, MCA 76-2-345. The draft form would include a $250 application fee,…