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Commissioners approve Hirschberger boundary-relocation exemption for two parcels north of Highway 285
Summary
Broadwater County commissioners approved a boundary-relocation exemption for Clifford and Rhoda Hirschberger that shifts acreage between two existing parcels north of Montana Highway 285; DEQ review for the smaller parcel will be required because it will fall below the 20-acre threshold.
Broadwater County commissioners on a voice vote approved a boundary-relocation exemption request from Clifford and Rhoda Hirschberger that moves acreage between two existing parcels located off Antler Lane via River Road, in portions of Sections 8 and 9, Township 5 North, Range 2 East, about 1.25 miles north of Montana Highway 285.
The county’s community development and planning director, Nicole Brown, read a staff report into the record outlining the proposal and applicable law. Under the proposal, amended tract F would increase from 116.21 acres to 130.67 acres and amended tract D would decrease from 20 acres to 5.54 acres. Brown said the relocation is intended to allow a smaller, more manageable homesite "for a widow," while the Hirschbergers retain and expand their agricultural acreage.
Brown told commissioners the exemption request cites Montana Code provisions that allow boundary relocations outside platted subdivisions and referenced sanitation rules that apply to parcels under 20 acres. She said the affidavit with the exemption indicates Department of Environmental Quality (DEQ) approval has already been obtained and that the county’s environmental health officer will issue the on-site wastewater treatment permit prior to system installation. The parcels use exempt wells permitted by the Department of Natural Resources and Conservation, Brown said.
Commissioners asked whether the widow is a family member; Brown replied she was "not certain of that." One commissioner observed the request was straightforward. After no public comment, a motion to approve the exemption passed by voice vote; no roll-call tally was provided in the meeting record.
The staff report noted the smaller parcel will become subject to DEQ review because it will be less than 20 acres following the relocation. Access to the parcels is from Antler Lane, a private road; River Road is a county road but the homesites will use the private access, and no county approach permits are required, Brown said.
The action does not create new lots, according to the staff report, and the county concluded the proposed relocation has "minimal potential to have adverse impacts on public health and safety" because only one new structure is being proposed.
The commissioners acted with time to spare before the statutory deadline Brown cited: the county needed to act by July 2, she said.
