Commission continues review of subdivision exemption application amid debate over family-transfer affidavit

The Broadwater County Commission continued consideration of proposed subdivision exemption procedures and the application form at its Feb. 25 meeting after extended public comment and staff discussion.

Nicole Brown, Broadwater County community development director, opened the item as a continuation of Feb. 11 and said no staff-initiated amendments had been made since the previous meeting. She notified the board that a public hearing on subdivision regulation amendments is scheduled for March 25 at 10:05 a.m. and said there is no statutory deadline forcing immediate adoption.

Chuck Hahn, during public comment, urged the county to prepare separate applications for different exemption types — family transfer, agricultural, mortgage and boundary relocations — and to publish the precise questions applicants must answer before the county adopts the form. He referenced changes from the 2025 Legislature and said the family-transfer affidavit now requires documented written evidence; in the transcript he referenced the statute as "76 3 2 0 7." Hahn said the commission should design forms to surface written documentation rather than relying on verbal testimony.

Brown responded that staff would prefer to receive Hahn’s suggested changes in writing so the county can capture specifics for possible edits. County staff and a commissioner cautioned that Montana Code Annotated (MCA) limits what counties may review for family-transfer exemptions and warned that denying a transfer improperly could expose the county to litigation. Commissioners agreed to continue the conversation and keep the item on future agendas rather than taking immediate action.

What’s next: The county will hold a public hearing on March 25 for subdivision regulation amendments; staff asked commenters to submit written recommendations in advance to inform any changes to the application form.