Fergus County approves South McDonald Creek subdivision with condition to prove utility access; cistern requirement removed

Fergus County commissioners voted Aug. 11 to approve the South McDonald Creek subdivision with two changes to the planning board’s recommendations: they removed a requirement for cisterns on each lot (Condition 18) and added a requirement that the applicant demonstrate legal access to utilities under Condition 5, or return to the commission with documentation supporting a hardship.

Commissioner (Speaker 7), who moved the motion, said the approval would adopt the planning board’s recommendations “with the exception to delete condition number 18 regarding the cistern and to add the verbiage to number 5 unless a letter from the power companies state that access to their electrical power has been denied.” The motion was amended to clarify that if the applicant cannot prove utility access the commission will reconsider the request at a later meeting or the applicant may pursue a variance with evidence of hardship.

County staff and commissioners emphasized that Condition 5 — which requires access and utility easements to be shown on the final plat — and Condition 11 — which requires that approaches be installed before final plat approval — remain in force. The chair stressed that the commission would expect concrete documentation of any claimed hardship: “If you can come up with an easement, then it's good. If you don't, then we don't final plat,” the chair said.

Maxine Scott, who identified herself as the property owner and developer, reported that she had spoken with a Fergus Electric representative who estimated power could be brought from a pole to the east (about a mile away) or from a transformer on a neighboring property. Scott said she believed arrangements were “resolvable” and that she would provide the county with evidence of accessible power.

The motion passed after amendment and a roll call call for approval; commissioners voted in favor and the subdivision was approved with the amended conditions. The decision leaves the county’s baseline requirements intact while allowing applicants to demonstrate that connecting utilities is impracticable before any variance is considered.