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Broadwater County narrows water-supply requirement for subdivisions; approves Counts one‑lot subdivision with variances
Summary
County commissioners on May 7 approved an amendment to the countysubdivision regulations limiting a required water supply to "majors only," and granted three variances and preliminary plat approval for the Counts Hay and Cattle one‑lot minor subdivision after the applicant amended a driveway variance to use Big Country Drive.
Townsend, Mont.
Broadwater County commissioners on May 7 approved a change to the countysubdivision regulations that narrows a water‑supply requirement to major subdivisions only, and then granted variances and preliminary approval for a one‑lot minor subdivision filed by Tessa and Ryan Counts.
Nicole Brown, Broadwater County community development director and planner, proposed amending Section 5(q) of the countysubdivision regulations to add the three words "for majors only" to the paragraph on fire protection water supply. Brown said the change would leave the requirement for a fire protection plan in place for all subdivisions but limit the specific water‑supply requirement to major subdivisions. "A fire plan will be created with the fire protection authority, FPA, with jurisdiction for the area in which the subdivision is located," Brown said, adding that the amendment inserts the phrase "for majors only" for the water source requirement and referenced "Section 76‑3‑5011, MCA."
Why it matters: Commissioners and staff said the water‑supply requirement in the September 2024 regulations could be cost‑prohibitive for minor subdivisions or single‑lot splits. Commissioners described the change as an effort to keep regulations practical for small developments while retaining fire planning oversight.
What the meeting covered: After a brief public hearing with no public speakers, the board voted to adopt the amendment to Section 5(q) by voice vote. Commissioners discussed that Broadwater County has two fire protection authorities (the 3 Forks Volunteer Fire District for areas south of Highway 101 and the Broadwater County Rural Fire District for areas north of Highway 101) and noted the fire districts are subject‑matter experts on mitigation and equipment. Commissioners also noted that local fire regulations (the 3 Forks Volunteer Fire Districtregulations) recently prohibit residential sprinkler systems, which informed their skepticism about sprinklers as an alternate mitigation.
Counts Hay and Cattle Minor Subdivision: The board then took up the Counts Hay and Cattle Minor Subdivision, a proposed one‑lot minor subdivision submitted by Tessa and Ryan Counts. Brown summarized the timeline for the application, including pauses the applicant requested and the governing‑body decision deadline, which the planner said is May 14, 2025. She also said Radcliffe Trail and Big Country Drive provide access and that Radcliffe Trail is not a county road beyond a certain point.
Three variance requests were before the commissioners: 1) a variance to allow the lot to be bisected by a public street/alley/road (previously acted on and granted); 2) a variance to allow shared driveway access for multiple residences (originally proposed to use Radcliffe Trail); and 3) a variance from the subdivision fire protection water‑supply requirement.
During the meeting the Counts amended variance request #2 in the record: applicant Tessa Counts asked that the variance be changed to permit "a shared driveway off of Big Country Drive" and specified it would be "2 shared driveways off of 6 Big Country Drive for our families' use only." The amendment was entered into the record and commissioners agreed the handwritten amendment and minutes would be sufficient documentation for the record.
The board approved the fire‑protection variance (variance #3) and later approved the amended variance #2 allowing the shared driveways off Big Country Drive. After resolving the variances, the board approved the preliminary plat for the Counts Hay and Cattle Minor Subdivision with conditions. Commissioners noted the subdivision must still comply with regulations in effect at the time of decision but said the recently adopted amendment clarifies future expectations for similar minor subdivisions.
Process notes and next steps: Brown told the board the county is likely to undertake further amendments once the statemodel subdivision regulations are finalized following the 2025 legislative session; she asked commissioners and members of the public to submit comments for potential edits. Brown also said she will present a clean copy of the Counts decision for signatures and coordinate filing. The board recorded no roll‑call vote; actions were approved by voice vote.
