When administrative efficiency is prioritized over private property owners’ commitment to conserving land, resources and quality of life, Montana is placed in a tenuous position to forever lose the beauty, open land and lifestyles many of us moved here or stayed here to enjoy. This is the situation we, as affected Montanans, are facing now.
Decisions made in Helena this legislative session will give county officials the power to override the majority of property owners in a district for the sole purpose of simplifying governance. This will allow the termination of existing citizen-initiated Part 1 Zoning Districts and Part 2 Zoning Districts that were created years ago in favor of cookie-cutter countywide or state-enacted zoning that effectively disavows the things that make each region and Montana special. This begs the question: Is the governing objective to trade this uniqueness for the country mean of urban sprawl?
As early as the 1970s and 1990s landowners voluntarily placed restrictions on their own property as a method to regulate how areas of land are used. The zoning districts formed were the result of successful collaboration with county commission and staff to manage growth responsibly and preserve the features that make a particular area unique. These zones are time-tested in efficacy and their net benefit to the public far outweighs any incremental administrative cost.
The foresight of these landowners reflects the intimate knowledge, will, and resolve of the people living in these distinct zones who are best acquainted with what should be preserved, protected and managed. These benefit not just residents, but the community at large as well as tourists who enjoy open vistas, access to local agricultural, wildlife habitat, unique geological and hydrological features, lower development densities and less congested roads to bike, walk or ride horses. Other zoned districts accommodate alpine and cross-country sports facilities and orderly residential development with proper infrastructure. Each zone is unique but provides predictability that protects property values and respects private property rights.
House Bill 614 would enable county officials to terminate Part 1 and 2 Zoning Districts after providing notice and holding a public hearing if the county has opted into the Montana Land Use Planning Act or if a larger zoning district is established that includes the land within the Zoning District proposed to be terminated. This bill promotes top-down zoning that disregards the citizens that had the foresight to set plans in motion years ago to provide for orderly development and conservation. Involved in crafting this house bill was the Gallatin County planning director, who simultaneously over the past year encouraged public input at Envision Gallatin, Future Land Use Map, and County Zoning Reform meetings where the majority of attendees strongly supported Part 1 and Part 2 Zoning Districts.
County commissions unilaterally terminating zoning doesn’t reflect the broader zoned community’s interest. For example, the Springhill Community in Gallatin County required 60% support for a Part 1 Zone. Why would anyone give control to a small group of county commissioners, none of whom live in the affected areas, as reflective of the will of the people?
House Bill 614 prioritizes administrative efficiency over the will of the people. The act of self-encumbering a personal property through a zoning initiative is the ultimate demonstration of conviction in protecting so many of the things that make this state the last best place. It should be celebrated, not subject to termination by a process requiring far less representation than originally required to ratify a Part 1 zone.
As Montana looks to the future as a unique place worthy of preservation, lawmakers should think creatively outside the box with citizen participation. For decades, Part 1 and 2 Zones have accomplished county and state growth management goals, while unzoned areas lack growth guidelines and are open to hodgepodge development. Focusing on unzoned areas would improve quality of life, preserve agricultural and ranching heritage, conserve natural habitat and outdoor recreation, and support practical civil infrastructure and economic development.
Barbara Brewster, Chum Howe, Bill Jordan, Bill Ryan are residents of the Springhill Part 1 Zoning District in Gallatin County
