County Commissioners Sift Through Family Land Transfers, Subdivisions
 | Author:
Nancy Marks
Nancy Marks: MT43 News Secretary and News Editor |
County Commissioners Sift Through Family Land Transfers, Subdivisions
MT 43 News Staff Reporter
At their regular meeting on January 10 County Commissioners sifted through five applications for either family land transfers or planned subdivision applications.
Commissioner chairman Darrel Folkvord pointed out during the proceedings that the immediate family land transfer law was originally set up to allow farmers and ranchers to transfer land to their children so the land could continue as agricultural land. “Now we see a pattern of subdivision development that is not covered by law,” he said.
Community Development and Planning Director Nichole Brown presented the Everett Family Transfer Exemption to two daughters in the Arcadia minor subdivision which was platted in 1980. The subdivision is located off Valley Drive northwest of Townsend. The family transfer was approved.
Brown also presented the Swenson Family Transfer Exemption of land off Jack Farm Road east of Townsend. It was approved. Folkvord pointed out that the gifted land cannot be sold for at least two years following the transfer.
Dan and Steve Upton, owners of the Able Minor Subdivision located off Valley Drive and Antelope Road northwest of Townsend, questioned some of the commission’s conditions in their request for approval. The owners questioned whether they must build a road to satisfy access requirements for one of the four lots. The commissioners maintain one lot is landlocked so they must have access before the subdivision can be approved. “It is an undue burden on us to have to build a road into that lot. The burden should be on whoever buys the lot,” Steve Upton remarked.
A second condition the developers questioned was their responsibility for road maintenance on Antelope Road. Folkvord explained the law requires developers to pay for upkeep on the road based on how many average daily trips will be added to the county road. “Cars traveling from your subdivision will impact the people who already live there and use the road, so a percentage of upkeep must be paid by the new subdivision,” he said.
The developers and the commission agreed a road plan must be certified by a professional engineer. Commissioners tabled the request for a preliminary plat approval.
Mary Heinemann, developer of the Juniper Ridge Minor Subdivision asked for preliminary approval of an 87-acre parcel of land to be divided into two parcels. The proposed subdivision is located 7 miles east of Townsend off Montana State Highway 12 East. Commissioners tabled the request due to questions concerning the steep terrain in the subdivision.
Commissioners tabled preliminary approval of the Smith Minor Subdivision, an 80-acre parcel located on Highway 284 east of Townsend. The planned four 20-acre lots are owned by developer Smith Land Company of Washington State. Ed Shindoll, Townsend City Fire Chief and Planning Board member voiced his thoughts about turning the agricultural land into family homes. “It is painful to see this prime farm ground be subdivided,” he said.
Commissioner Folkvord also commented on the board’s intentions:” We try to do our best to protect our prime farmlands but must go by the regulations in the law,” he said.
County Planner Brown pointed out that since the county has no agricultural land use zoning, the commissioners’ hands are tied.
