Frequently Asked Questions
The questions buyers actually ask, answered straight. If yours is not here, reach out directly.
The Lots
Are all five Phase 1 lots the same?
No. Net acreage ranges from 5.82 to 9.82. Lots 2 and 3 have the Pleasant Valley Canal running through them. Lot 4 is the largest lot and sits at the cul-de-sac end of Pleasant Drive, which gives it the most house-siting flexibility in Phase 1. Lots 2 and 3 reach their parcels via a dedicated second bridge near the cul-de-sac (on Easement A) that no other lot uses. See the comparison table on the Lots page for per-lot specifics.
Why is Lot 1 priced differently from Lots 2 and 3?
Two reasons. Lot 1 has a smaller Approved Building Area (7,700 SF of impervious surface vs. 10,000 SF on the others), and its DEQ-approved septic is an advanced Level 2 (nitrogen-reducing) system rather than the conventional design used on the other lots. Same Beartooth Front view as the rest of the subdivision. The recorded DEQ approval (E.Q. #24-1245) and the lot's diligence packet have the full specifics, and your agent can walk you through them. Pricing for Lot 1 is coming soon.
What does the Approved Building Area actually cover?
It is the maximum impervious surface allowed on the lot: the house footprint, outbuildings, driveway, parking areas, patios, anything water cannot pass through. Natural terrain, gardens, and lawn are not counted. The 10,000 SF cap on Lots 2 through 5 accommodates a substantial home plus a driveway and outbuildings, and the 7,700 SF cap on Lot 1 still fits a sizable home with a garage and outbuildings; buyers planning a larger footprint simply size the impervious budget to the lot.
Do the lots include canal water rights?
No. The Pleasant Valley Canal crosses Lots 2 and 3, but the subdivision does not convey any irrigation rights with any lot. The canal is a visual and ecological feature, not a usable water supply. Each lot's domestic water comes from its individual well (see below).
Infrastructure and Build
Is the DNRC NOI a water right?
No. A Notice of Intent to Appropriate Groundwater (NOI) is state authorization to drill a domestic well and develop a water right (MCA 85-2-102(32)(b)). The right is perfected when the buyer drills the well, puts water to beneficial domestic use, and files Form 602 with the DNRC by February 9, 2031. Under Montana's 2026 regulations, new NOIs are very difficult to obtain, which makes each one a valuable included asset.
How deep are wells here, and what is the expected yield?
Test wells on the property reached water in the Fort Union Formation at 130 to 150 feet, shallower than the pre-drill estimate. Formal yield testing is underway to confirm sustainable yield.
What type of septic system does each lot use?
Each lot has a specific DEQ-approved design on file. Lots 2, 3, and 4 use conventional absorption-trench drainfields. Lot 5 uses a shallow-capped drainfield (required by soil conditions). Lot 1 uses a Level 2 advanced treatment unit, a higher-end nitrogen-reducing system that requires an ongoing O&M contract. Per-lot details are in the Quick Facts table on each lot page.
Is power already installed?
Yes. Beartooth Electric Cooperative (BEC) primary infrastructure is installed to the subdivision and paid for. When you build, you contact BEC directly for transformer placement and meter installation. This avoids the $45,000 to $65,000 cost of an off-grid solar and battery system.
Is the subdivision approved and recorded?
Yes. Carbon County Commission approved the final plat in October 2025, and it was recorded as Plat No. 2557 on November 3, 2025. Lot boundaries are surveyed. Building envelopes are approved. From closing you go straight to a standard Carbon County building permit for your home (no rezoning or subdivision step in between).
How does access work with the two bridges?
Two engineered bridges serve the subdivision. The entrance bridge is off East Bench Road and carries Pleasant Drive into the subdivision; every lot crosses it. Near the cul-de-sac, a second bridge on Easement A crosses over to Lots 2 and 3. Only those two lots use the second bridge, and only for the final driveway stretch to their parcels. Both bridges are built and paid for.
Covenants and Governance
Is there a homeowners association?
No. No homeowners association, no dues, and no design-review board. The recorded design standards (natural materials, earth-tone palette, dark-sky lighting, minimum dwelling size) are enforceable directly by any owner, so the bench stays cohesive without a board policing it, and a defined road-maintenance structure covers the shared private road. The Declarant reserves the right to form an owners' association in the future if owners want one. The recorded covenants (Carbon County Doc No. 407864, June 2026) are available for download on any lot page.
What are the exterior building and design standards?
Exteriors use natural wood, engineered wood, fiber cement, natural or manufactured stone, stucco, brick, or log, in earth tones or muted natural hues. Architectural metal with a factory finish is allowed. Vinyl siding, unfinished concrete block, and exposed untreated corrugated metal are prohibited as primary cladding. Continuous perimeter foundation required (no homes on blocks or piers). Exterior work completed within 24 months of the building permit. Exterior lighting must be shielded and downward-directed for dark-sky preservation.
Can I build a guest house?
The covenants permit one guest house per lot, up to 1,200 square feet of interior living area, subject to the lot's Approved Building Area (impervious surface cap). Whether one fits depends on how much of the cap is left after siting the primary home, driveway, outbuildings, and patios, so on a smaller lot like Lot 1 (7,700 SF cap), budget carefully. The DEQ subdivision approval (E.Q. #24-1245) conditions each lot for one single-family dwelling, and each lot's septic was approved and sized for that design, so an occupiable guest house with its own kitchen and bath increases the design wastewater flow and will need county health review and, in most cases, a DEQ amendment before it can be permitted. Plan for it as possible with approvals, not as a turnkey second residence.
Can I keep horses or livestock?
Yes on lots of five or more acres. All five South subdivision lots qualify. Standard Carbon County health, zoning, and nuisance rules apply. Commercial feedlots, kennels, and boarding operations are not permitted.
Can I subdivide my lot later?
No. The covenants prohibit any further division of any lot, whether by plat, boundary line adjustment, family transfer exemption, or any other mechanism. Density stays at the five recorded lots. The restriction binds every future owner, runs a 30-year term that automatically renews in 10-year periods, and can be loosened only by a recorded vote of the owners of at least two-thirds of the lots.
Location and Lifestyle
How far is East Bench Overlook from downtown Red Lodge?
Eight minutes by car.
How far are the airports?
Billings Logan International Airport (BIL) is 65 miles, about an hour by car, and is served by several major carriers with direct flights to multiple national hubs (routes vary by season and airline). Bozeman Yellowstone International Airport (BZN) is 160 miles, about two and a half hours, and typically offers broader nonstop service.
How close is Yellowstone?
65 miles to Yellowstone's Northeast Entrance via the Beartooth Highway. The highway is seasonal, typically open from Memorial Day weekend through mid-October, and peaks at Beartooth Pass at 10,947 feet.
What about skiing?
Red Lodge Mountain is about 15 minutes from the property: six chairlifts, 1,635 skiable acres, 2,400 feet of vertical, 70 named runs, and an average 250 inches of annual snowfall.
Timing and Phase 2
Can I buy now and build later?
Yes. Covenants do not require construction to start by any specific date. The one hard deadline is the well completion deadline of February 9, 2031: under the DNRC NOI you have to put water to beneficial domestic use by then. Once you've drilled the well and filed Form 602, there is no additional clock on when you break ground on the house.
When will Phase 2 (Graham Subdivision North) be available?
Expected 2027. Phase 2 is a second phase to the north, extending along the east bench, currently in engineering and not yet platted. Email info@eastbenchoverlook.com to register interest and get early notice when lots open.
Still have questions?
Reach out to the developer or a listing agent. We respond within a day.
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