NOTICE: Carbon County Development Permit On-line Application and Process Guide  

SB 442 Override Letter - April 6

August 4, 2016


August 4, 2016

Commissioners John Grewell and John Prinkki were present.

8:30 Pledge of Allegiance

8:35 Jerry Kirchhoff from AirMedCare Network met with Commissioners to introduce himself and the company.

In response to the letter from the Montana Board of Investments, Treasurer Jane Swanson-Webb informed Commissioners that none of the information on the County’s Short Term Investment Pool (STIP) account had changed; an updated resolution was not necessary at this time.

DES Coord. / GIS Mgr. Tom Kohley met with Commissioners to review fire activity in the last week. The Department of Natural Resources and Conservation (DNRC) has been involved in the mutual aid response to the 12-acre Elbow Cr. Fire. The human caused fire on Selms Road is out. Yesterday afternoon the East Pryor Road Fire (AKA “88 Fire”) reignited. Rural Fire Chief Melvin Hoferer requested assistance from the County in paying for meals purchased for fire fighters and road crews responding to the East Pryor Road fire. Commissioners discussed under what parameters the county would provide meals to mutual aid fires. Commissioner Grewell thought may be better to consider paying for meals on a case by case basis so that it is not an expectation; the other Commissioners agreed.

8:50 Civil Deputy County Attorney Jacque Papez joined the meeting.

Tom also discussed Fire Restrictions and criteria for stage 1 and 2 fire restrictions. He does not believe county conditions meet stage 2 criteria.

9:05 County Attorney Alex Nixon and Deputy County Attorney Jacque Papez met with Commissioners, the meeting was closed to discuss a personnel issue.

9:20 meeting reopened.

9:30 Contract Planner, Monica Plecker met with Commissioners to discuss the Pryor Mountain View Subdivision. Steve Morgan, Jordan Ornquist, and Ron Kappor were present. As a subsequent subdivision it was required to go through major subdivision review.  The Planning Board recommended the subdivision for preliminary plat approval with the following conditions:

  1. Filing of the final plat shall be subject to final review and approval of the well and septic provisions by the Montana Department of Environmental Quality.
  2. A notation shall be provided on the final plat that legal and physical access is provided per 76-3-608(3)(d) MCA.


  1. The final plat shall be prepared and reviewed in compliance with Section IV-C of the County Subdivision Regulations as applicable.
  2. The road providing access shall be built in accordance with the Carbon County Subdivision Regulations prior to final plat approval. A professional PE or the County Road Superintendent shall inspect the road to ensure it has been constructed to such standards.
  3. A weed management plan and weed bond shall be in place prior to final plat approval.
  4. All easements shall be shown and dimensioned on the final plat including easements shown in the Title Report as numbers 29, 30 and 31.

The Planning Board also approved the requested variance to waive the water supply requirements for fire protection as the variance was supported by the Bridger Fire Chief via letter.

Commissioner Grewell moved approval of the Preliminary Plat for the Pryor Mountain Subdivision with conditions and variance as recommended by the Planning Board; Commissioner Prinkki seconded; motion carried.

Ron Kappor asked why the alternative fire fee was required by the County. Monica explained that it was one option to meet the statutory language related to adequate fire protection in subdivision regulations. Monica noted that the Planning Board will be revising the County Subdivision Regulations starting this fall and will be paying special attention to the fire protection provisions.

Monica discussed the Subdivision Regulations Amendments related to expedited plats for one lot subdivisions. Monica noted the majority of one lot subdivisions are created to lift agricultural restrictions. At the Planning Board’s public hearing no public comment was received. The amendments would allow a one lot minor subdivision to skip the preliminary plat approval process through Planning Board and go straight to the Commissioners for approval. The criteria for the expedited review are:

  1. The division of land is for 1 lot subdivision that meets the definition of a first minor subdivision from a tract of record;
  2. Legal and Physical access to all lots is provided;
  3. No land in the subdivision will be dedicated to the public use for parks and playgrounds;
  4. The plat has been approved by DEQ or county environmental health when approval is required. When a subdivision requires sanitary restrictions to be lifted the DEQ approval must be submitted with the final plat;
  5. No public improvements are required.

Commissioner Grewell moved to approve amendments to Subdivision Regulations to provide for expedited one lot subdivision reviews; Commissioner Prinkki seconded; motion carried.

10:00 Monica discussed proposed revisions to the fee schedule for the newly adopted Development Regulations. Development permits now have a tiered structure and planning is recommending fees as follows: Group 1 $35; Group 2 $150; Group 3 conditional use $850. Commissioner Grewell moved to accept fee changes as recommended; Commissioner Prinkki seconded; motion carried.

10:20 Commissioner Grewell moved approval of District Court Fines and Fees Receipts Summary for July 2016; Commissioner Prinkki seconded

Commissioner Grewell moved approval of Treasurer Cash Report for July, 2016; Commissioner Prinkki seconded; motion carried.

Commissioner Grewell moved approval of July, 2016 claims; Commissioner Prinkki seconded motion carried.

Judy Christensen requested to increase the elections postage budget by $1000.

Commissioner Prinkki noted that has not heard back from City of Red Lodge regarding Cemetery District.

12:00 Adjourned



Respectfully submitted: Angela Newell, Administrative Assistant