NOTICE:  

Planning

NOTICE OF PASSAGE OF RESOLUTION OF INTENT TO AMEND THE CARBON COUNTY DEVELOPMENT REGULATIONS

The Carbon County Board of County Commissioners passed Resolution 2021-06, a Resolution of Intent to Amend the Carbon County Development Regulations, at their meeting of March 23, 2021. The decision followed a public hearing held on March 11, 2021.

The boundaries of the Development Regulations include all unincorporated areas of Carbon County. The proposed updated Regulations amend the existing system and process for review of certain land use proposals, including administrative review procedures for single-family residential developments and certain commercial developments, multi-family developments, and certain signage, as well as a conditional use process requiring a public hearing for industrial uses.

The Carbon County Commissioners will accept written protests to the proposed Development Regulations until May 3, 2021. Written protests should be addressed to the Carbon County Commissioners, PO Box 887, Red Lodge, MT 59019, and should reference the proposed amended Development Regulations.

The proposed amended Development Regulations are available for public inspection at the Carbon County Clerk and Recorders Office at the Carbon County Administration Building or on-line.

Questions can be directed to Forrest Mandeville, contract planner, at (406) 690-1933 or by email at Forrest@ForrestMandevilleConsulting.com


NOTICE OF PUBLIC HEARING

The Carbon County Planning Board will conduct a Public Hearing at 7:00 PM on May 18, 2021 in the Courtroom of the Carbon County Courthouse located at 102 N. Broadway in Red Lodge to receive comments and input concerning a variance request from setback requirements for a Group 1 Development Permit application, submitted by Michael Gebhardt, and to make a recommendation to the County Commission to approve, deny, or approve with conditions. The proposal is to place a single-family residential home on a 0.241 acre-property located in Roberts on South 3rd St. The legal description is Block 8, Lot 3 Amended, Carrigan and Duncan’s Addition to Roberts, Plat 1825, in Section 32, T 5S, R 21E, Carbon County, MT. The variance request is to allow a residence to be located approximately 8 feet from a side lot line, instead of the required 10 feet, and a 10 foot front setback, instead of the required 30 feet, in order to accommodate a garage.

The Planning Board will consider all public comments, written or spoken at the public hearing.  Written comments may also be submitted to the Carbon County Planning Office, County Administrative Building, 17 West 11th Street, PO Box 466, Red Lodge, MT 59068. A copy of the application can be obtained a by contacting Forrest Mandeville, contract planner, at 406-690-1933 or forrest@forrestmandevilleconsulting.com


Documents

Planning Board Agendas

Planning Board Minutes

Subdivisions are regulated under the Montana Subdivision and Platting Act, Title 76, chapter 3, MCA., and under local Subdivision Regulations. Review of subdivisions is done locally by a part-time planner and a 10 member county planning board. The State Department of Environmental Quality (DEQ) reviews subdivisions under Title 76, Chapter 4, MCA.

Documents

WHAT IS A SUBDIVISION?
If you create one or more parcels under 160s in size for SALE, RENT, or LEASE then you are subdividing land and are subject to subdivision review.  State DEQ review is required on all parcels under 20 acres


ARE THERE ANY EXCEPTIONS TO THIS DEFINITION?
Yes, there are some property splits that are exempt from review, such as the family conveyance and agricultural exemptions. There are some restrictions on the use of exemptions. Some exemptions are still subject to DEQ review.


HOW DO I GO ABOUT SUBDIVIDING PROPERTY I CARBON COUNTY?
First, set up an informal meeting with the local subdivision administrator or planning director to discuss your plans. Bring a sketch map of the project, and have a legal description handy.
Second, contact a certified land surveyor to prepare a survey.

Third, depending on the complexity of the project, it is recommended that you contact a professional engineer familiar with preparing Subdivision applications.

Generally, there are two (2) steps, one being local subdivision review and the other being DEQ sanitary review. DEQ review is required on all lots or tracts less than 20 acres in size. Local subdivision review is required on all lots or tracts less than 160 acres in size.


ARE THERE DIFFERENT TYPES SUBDIVISIONS?
Yes, Minor subdivisions have 5 or fewer lots. Major subdivisions have 6 or more lots.


HOW ARE SUBDIVISION APPLICATION REVIEWED?
Depending on the type of the subdivision, complete applications are reviewed by the planning office and the Carbon County Planning Board. Recommendations are made to the County Commissioners who has final authority to approve, conditionally approve, or deny the application.

Subdivisions are reviewed for compliance with:

  1. The adopted County Growth Policy;
  2. Local Subdivision Regulations;
  3. The Montana Subdivision and Platting Act

WHAT REGULATIONS APPLY TO SUBDIVIDING PROPERTY?
Generally, there are two (2) separate regulations:

  1. Local Subdivision review by local planning boards, planning departments, and elected officials;
  2. Sanitary review by the Montana Department of Environmental Quality.

HOW LONG DOES IT TAKE TO GET A SUBDIVISION APPROVED?
This depends on the type of subdivision, but generally speaking, you should count on several months, especially for Sanitary Review, by the Montana DEQ.


DO I NEED TO HIRE A SURVEYOR?
Yes, subdivisions must be surveyed.


HOW MUCH ARE REVIEW FEES?
This depends on the type and size of the subdivision. Check with the planning office for a fee schedule. State DEQ sanitary review also depends on the type and size of the subdivision but generally the cost is about $250.00 per lot.Check with the planning office or DEQ for their fee schedule.


DO I HAVE TO BUILD A ROAD?
You must provide LEGAL and PHYSICAL access to each subdivision lot. Legal access would consist of an easement, right-of-way, or direct access to a public road. Physical access is the actual road which must be constructed to minimum county standards.