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Commissioners continue review of subdivision regulation changes after objections from landowners and developers
Summary
The Board continued public hearings on comprehensive Subdivision Regulation changes — including proposed new standards on access, drainage, water/wastewater options and a proposed 10‑year limit on resubdividing — after public commenters objected to the resubdivision prohibition and requested alternative approaches.
Morgan County commissioners heard an extensive presentation May 28 on proposed revisions to the Subdivision Regulations (major and minor subdivisions) and then continued the hearing to June 17 after public comment.
Planning Director Nicole Hay outlined procedural and standards changes covering access and roads, storm drainage and exemptions, water and wastewater options, fire protection referral language, public dedications, public improvement agreements, and a return of a previously removed 10‑year prohibition on repeat resubdivisions via the minor subdivision procedure. The Planning Commission recommended reinstating a 10‑year limitation to reduce circumvention of the major subdivision process; staff also proposed other process clarifications.
Public commenters objected to the 10‑year restriction. Jay Greener (Buck Creek LandCO) said the limit could unfairly impose costs on current or future landowners, and asked for alternatives. Engineer Eric Wernsman suggested limiting the number of minor subdivisions per parcel (for example two) instead of a decade‑long prohibition. County counsel clarified that covenant and access maintenance questions are typically private matters but that the county could specify required content for covenants if it elects to require them.
After public comment and discussion, Commissioner Malone moved to continue the hearing (with public comment) to the June 17, 2025 meeting to allow staff to propose alternatives and to provide additional legal and stakeholder analysis; Commissioner Bernhardt seconded and the motion carried unanimously.
Next steps: Staff will prepare alternatives to the 10‑year proposal and additional clarifications about access maintenance/ improvements agreements and return with recommendations on June 17, 2025.
