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Commission approves Pintlar Peaks amended plat after debate over road safety and engineering sign-offs
Summary
The Anaconda-Deer Lodge County Commission approved an amended plat for Pintlar Peaks Subdivision but tabled a related access resolution and a draft MOU after debate over geotechnical work, water-rights conflict risk and county liability; staff will work with property owners on stronger engineer sign-off language before final recording.
The Anaconda-Deer Lodge County Commission on Tuesday approved an amended plat for the Pintlar Peaks Subdivision while directing staff to strengthen required engineering sign-offs and related agreements after an extended debate about road stability and potential impacts to water rights.
Planning Director Carl Hamming told the Commission the amended plat and boundary relocation are meant to resolve a liability associated with an unstable, existing road. Commissioner Ed Beaudette disagreed with moving forward without completed geotechnical and engineering studies, saying the county risks significant liability and noting potential conflicts with irrigation ditch and water-right claims. "Poor planning on your part does not create an urgency on my part," Beaudette said, urging the Commission not to approve the change without more engineering and legal certainty.
Property owner Shane Willems told the Commission he has invested several years to get the agreement in place and said he will not pay for engineering work until the amended plat is permitted: "I’m not going to start spending money on the engineering process when there’s still a chance that someone can back out of this deal." CEO Bill Everett said the situation represents an inherited problem and emphasized urgency to reduce the immediate safety risks posed by the existing road.
County Attorney Morgan Smith and Carl Hamming explained the legal and procedural limits under Chapter 16 of the county subdivision ordinance and state statute, and recommended using a memorandum of understanding or a revised resolution to ensure engineer certification and county staff sign-off before final actions such as road acceptance or recording. Hamming said the draft resolution can include a requirement for "completion of new road construction to county road standards with certification by an engineer and ADLC staff." Morgan Smith suggested the MOU could better detail final approvals and be executed before the amended plat is recorded.
On a motion by Commissioner Steve Gates, seconded by Commissioner Mike Beausoleil, the Commission approved the amended plat with the additions discussed by staff; the vote was 5-0. The Commission also tabled Resolution No. 26-16 (recognizing changed access) and the Pintlar Peaks boundary relocation MOU to allow staff and property owners to draft stronger language that explicitly requires engineering certification and county sign-offs prior to final recording.
Next steps include drafting a more detailed MOU or revised resolution incorporating engineer certification and ADLC staff approval; staff said the amended plat approval enables the boundary process to move forward while the MOU language is finalized. The Commission did not set a specific date for final MOU approval.
