Broadwater County planning board recommends approval of Fairview Minor Subdivision near Townsend

The Broadwater County Planning Board on July 1 recommended that county commissioners approve the Fairview Minor Subdivision, a proposal to create one residential lot from a 16.28-acre parcel about 11 miles northeast of Townsend.

The staff report presented by community development staff Nicole said the application, filed May 7, 2025, requests preliminary plat approval for “one single-family dwelling” on land currently under an agricultural covenant. Nicole told the board that staff “recommends approval of the proposed Fairview Minor Subdivision preliminary plat subject to the conditions of approval based on the recommended findings of fact included in the staff report.”

Board members and applicants discussed several outstanding technical and procedural items that must be completed before final plat approval. The subdividers are Rick and Connor Knapp of Gig Harbor, Washington; their representative, Christy Heinemann of Townsend, answered questions at the microphone during the meeting.

Why it matters: the subdivision lifts an agricultural-only covenant and would allow a dwelling and associated infrastructure on land currently used for agriculture. County approval is contingent on several mitigation measures intended to limit impacts on agriculture, water resources, wildlife and public safety.

Key facts and conditions - Site and proposal: one residential lot from a 16.28-acre parcel; access from Duck Creek Road; location described as Section 12, Township 6 North, Range 2 East, Broadwater County. The application fee of $1,000 was paid. - Water and wastewater: the site has an existing well; the proposal calls for an individual on-site water well and an individual wastewater treatment system (septic). Department of Environmental Quality (DEQ) review and approval of well and wastewater locations is required and must be recorded with the final plat (condition 2). - Stormwater: the DEQ materials describe a small engineered retention feature; the board amended the staff report language to say “most” rather than “all” post-development runoff will be retained. A DEQ review of stormwater details is required prior to final plat approval. - Fire protection and access: the lot lies in the Broadwater Rural Fire District and the Duck Creek volunteer fire station is the nearest facility. A fire protection plan, to be prepared with concurrence of the Broadwater Rural Fire District, is required before final plat approval (condition 5). - Natural resources and noxious weeds: a Broadwater County Noxious Weed District-approved weed management and revegetation plan is required before soil disturbance, and the final plat must note restrictive covenants including weed management obligations (conditions 6 and 8). Areas with slopes exceeding 25 percent must be identified as no-build zones on the final plat. - Utilities and mail: electric service is anticipated from Northwestern Energy; any mail delivery plan must be reviewed by the Townsend Post Office and documented prior to final plat (condition 4). An approach permit from Public Works is required for driveway access.

Questions and unresolved items discussed - DEQ documentation and sequencing: board members queried whether DEQ had already issued approvals for the well and portions of the septic system and whether those approvals must be reissued or recorded as a Certificate of Subdivision Approval (COSA) tied to the final plat. Staff explained DEQ and county review are separate processes: DEQ reviews subsurface systems (setbacks, isolation zones), while the county reviews land use and subdivision compliance. Condition 2 requires plans for sewage treatment and water supply be submitted to DEQ and the letter of approval be filed with the final plat. - Timing and evidentiary status: staff said a DEQ approval document is in the application materials but the county will require the definitive DEQ approval letter to be filed with the final plat; the county sanitarian (Megan Bullock) will determine whether the existing DEQ paperwork satisfies county permitting requirements for issuing an on-site wastewater treatment system permit. - Stormwater retention sizing: staff and a surveyor confirmed DEQ materials show a retention volume of 351 cubic feet in a small retention feature depicted on the plan. The board changed the staff report wording so the text does not imply every post-development runoff event will be fully detained. - Slope thresholds: the board clarified that the staff report’s reference to slopes north/south was confusing; staff agreed to reword. Members also discussed that a detailed topographic survey is required where slopes exceed 15 percent, and that county rules identify slopes greater than 25 percent as potential no-build areas.

Board action and next steps - Motion: the board voted to recommend approval to the Broadwater County commissioners of the Fairview Minor Subdivision preliminary plat, subject to the listed conditions in the staff report (conditions 1–11). The motion was seconded and passed by voice vote; the recorded vote was a unanimous voice “aye” with no individual roll-call recorded in the transcript. - Implementation steps: before final plat approval the subdivider must (among other items) obtain and file DEQ approval for water and wastewater, submit the final plat prepared by a registered Montana land surveyor, record the restrictive covenant and provide evidence that required improvements (stormwater, mail facilities, utility access, and any fire-protection work or guarantees) are installed or guaranteed.

The planning board noted the application will go to the county commissioners on their July 16 agenda and that additional technical clarifications (DEQ record status, well isolation easements, and final stormwater details) will be resolved before the final plat is presented. The board set the next planning board meeting for July 8 to consider another minor subdivision and to continue regulation work.