County Planner Clarifies Role on Subdivision Covenants and ADU Approvals

August 16, 2025 | Broadwater County, Montana

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County Planner Clarifies Role on Subdivision Covenants and ADU Approvals

This article was created by AI using a video recording of the meeting. It summarizes the key points discussed, but for full details and context, please refer to the video of the full meeting. Link to Full Meeting

In a recent meeting held on August 15, 2025, the Broadwater County Commission addressed critical issues surrounding property covenants and the approval process for accessory dwelling units (ADUs). The discussions highlighted the complexities of local governance in relation to private property agreements and the county's role in enforcing or amending these covenants.

A key point raised during the meeting was the distinction between the county's responsibilities and the authority of property covenants. It was clarified that while covenants are legally binding agreements among subdivision residents, the county does not have the power to amend or enforce these rules. This means that if a subdivision's covenants prohibit certain constructions, such as ADUs, the county cannot intervene to allow such developments. Instead, the responsibility lies with the landowners to address any covenant issues before seeking county approval for construction.

The planner emphasized that the county's role is limited to reviewing applications for compliance with existing regulations, not covenants. This distinction is crucial for residents who may wish to deviate from established covenants, as any disputes would need to be resolved among the residents themselves, potentially leading to civil litigation without county involvement.

The discussion also touched on the procedural steps required for homeowners wishing to build ADUs. It was noted that any request for an ADU must first navigate the subdivision's covenants. If the covenants allow for such developments, the application would then proceed to the county for further review. However, if the covenants explicitly prohibit ADUs, homeowners would need to amend those covenants before the county could consider their request.

This meeting underscored the importance of understanding the relationship between local governance and private property agreements. As housing needs evolve, the clarity of these processes will be vital for residents looking to expand their living spaces while adhering to community standards. The commission's discussions reflect ongoing challenges in balancing individual property rights with collective community agreements, a dynamic that will continue to shape development in Broadwater County.

Converted from 2025 August 15 Commission Meeting meeting on August 16, 2025
Link to Full Meeting

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