Lincoln County denies family-transfer split for 4.48-acre Yodor parcel, cites need for subdivision review

At its Jan. 14 meeting, Lincoln County commissioners voted to deny the use of a family-transfer exemption for a proposed split of a 4.482-acre parcel in the West Kootenai area (the Yodor request). Planning staff advised the board that reusing the family-transfer exemption on parcels previously created by exemption can create an unchecked pattern of development and that the Montana Subdivision and Platting Act (MSPA) criteria support denial.

Planning staff presented background: the parcel was originally created using a family-transfer exemption in July 2008. The applicant — represented by Davis Surveying — asked to split the parcel into two lots to allow construction of equipment storage and a shop. Staff recommended denial and said the applicants may instead pursue the formal subdivision review process if they wish to create two lots.

The applicant’s representative argued the parcel is largely undeveloped and described the proposed uses as modest, but county staff and the sanitarian noted concerns about lack of utility and sanitation assurances for exempt divisions. The county noted past instances where exempt divisions led to sanitation and fuels-reduction problems and said subdivision review would ensure DEQ and county sanitation requirements are met.

After discussion and a public comment check with no speakers in the room, the commissioners denied the family-transfer exemption, directing that any future split should follow subdivision review and sanitation permitting processes.

The denial is intended to preserve standard review safeguards (site utilities, septic/well feasibility, access and fuels mitigation) rather than permanently bar a division; the applicants may pursue subdivision approval to achieve the split.