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Sheridan County adopts written findings backing denial of MDU powerline permits after court remand
Summary
After a court remand, the board adopted written findings that supported its September 16, 2025 denial of Montana Dakota Utilities' applications to place a powerline in county road rights-of-way; three motions addressing safety, viewshed and burden passed with split votes.
The Sheridan County Board of County Commissioners on April 7 adopted written findings explaining why it denied two Montana Dakota Utilities (MDU) license applications to install a powerline within county road rights-of-way, a step directed by a court remand requiring the board to clarify how it applied statutory criteria.
Deputy County Attorney Clint Beaver told the board the court's order required explicit findings for the county record before the matter is returned to the court. Commissioner Mike Arzy moved three separate findings motions. On safety Arzy stated: "That there are several pedestrians who use this county road intersection daily for exercise purposes. There are also several motorists who also use this intersection daily. The visual distraction from the larger poles and more overhead lines, as well as distraction from an additional overhead corridor will decrease public safety and cause for inconveniencing not only the pedestrians, but also, bicycles and motorized vehicles." That motion passed 4–1 (Siddle opposed).
The second motion addressing viewshed—"That the inconvenience of these larger overhead lines and larger poles used to suspend the lines will also distract at the point of crossing from the viewshed of both motorized and pedestrian public causing an inconvenience"—also passed 4–1 (Siddle opposed). A third motion focused on burden, with Arzy saying in part: "That in light of this County Commission's going out of its way to provide for public input in a meeting form, MDU has not commented or rebuttal on how they plan to eliminate issues that are presented to it." That motion passed with Arzy, Jennings, Siddle and Wright voting in favor and Chair Haswell opposed.
The board’s actions formalize the reasons for the prior denial for the county record as required by the remand. Deputy County Attorney Clint Beaver indicated the adoption will be scheduled in the minutes for prompt submission to the court.
