Commission approves Old Town Bridge floodplain permit and several boundary-relief requests

Broadwater County commissioners on July 30 approved a set of planning and permitting items that included a floodplain permit for the Old Town Bridge replacement and four land-use actions: boundary relocation exemptions for McNeil and Flanagan properties, and the Logan Minor Subdivision preliminary plat.

Nicole Brown, the county’s community development and planning director, presented the Old Town Bridge floodplain permit application and said the project has been coordinated with Gallatin County, where most work occurs and where permitting had already been approved. Brown said the permit was posted in MT43 news and mailed to adjacent landowners; the written public comment period ended the day before the meeting and no written comments were received. Brown reported a pre-construction meeting with Battle Ridge Builders, which is bringing equipment on-site and preparing to remove the old bridge.

Commissioners unanimously approved the floodplain permit by voice vote.

Brown then presented the McNeil boundary relocation exemption. Owner Allen McNeil seeks to relocate a boundary between two parcels he owns so that a garage will sit entirely on the smaller Tract A; one parcel is about 350 acres and the other 1.32 acres (the smaller is Tract A). County staff noted that because Tract A is under 20 acres it will remain subject to Montana Department of Environmental Quality review for sanitation. The county attorney provided a legal opinion supporting use of the boundary-relocation exemption. Commissioners moved, seconded and approved the exemption.

Next, Brown presented the Flanagan boundary relocation exemption for parcels in the Silos Acres area. The relocation involves lots already under 4 acres and the planning staff said covenants that call for minimum 4-acre parcels do not change the county’s legal review; the county does not enforce private covenants. The commission approved the relocation exemption by voice vote.

Finally, commissioners approved the Logan Minor Subdivision preliminary plat with recommended conditions. Brown summarized the principal conditions required before final plat approval: compliance with all applicable state and county standards; DEQ approval for sewage and water plans; submission of electronic plat files; USPS approval of mailbox locations and provision of off-street mail delivery if required; a fire protection plan prepared with the rural fire district; a noxious weed management and revegetation plan approved by the county weed district; identification of areas with slopes greater than 25% as no-build zones on the final plat; notation of restrictive covenants and a right-to-farm declaration; installation or guarantee of improvements (stormwater, weed management, fire protection, approaches, mail facilities, utilities) prior to final plat approval; and proof that taxes and assessments are current and that the applicant holds lawful title.

The Logan parcel is 11.16 acres; staff reported a preliminary map shows substantial areas with slopes greater than 15% that the planning board recommended be designated as no-build zones on the final plat. Commissioners approved the preliminary plat by voice vote.