Tools for Smart Growth in Montana
Why is Open
Space and Agricultural Land Important? The
benefits of preserving open space and agricultural lands range from protecting
the environment to preserving the culture and lifestyle of the rural west. Open space and working agricultural lands provide
habitat for wildlife, help to protect air and water quality, prevent flooding,
provide scenic views, maintain the rural character of communities, and act
as a physical barrier to rural sprawl, which threatens working agricultural
lands across Montana. Furthermore,
these lands can provide places for recreational activities such as hiking,
biking, and fishing. Maintaining viable
agricultural operations preserves rural lifestyles and contributes to local
economies. Tools for protecting open
space and agricultural lands include both regulatory and incentive-based approaches
such as zoning, purchase of development rights, and transfer of development
rights.
What are Montana Counties Doing to
Protect Open Space and Agricultural Land? In
Montana, both regulatory and incentive-based approaches have been used to
effectively preserve land. Efforts here
have been focused on agricultural preservation, rather than strict open space
protection. Agricultural lands in
Montana often form the transition or buffer between public lands, such as
National Parks, Forest Service, and BLM lands, and more developed
landscapes. Thus, these private
agricultural lands are critical habitat for ungulate winter range, migration
corridors, etc. Efforts to preserve
agricultural lands in Montana have focused on purchase of development rights
(through conservation easements) and agricultural zoning.
Gallatin County Open Lands Board
In
Gallatin County, a 10 million dollar bond was levied to fund an open space
acquisition program that focuses on agricultural preservation. The goal of the program is to keep agricultural producers
on the land and provide an opportunity for economic development within the
agricultural community. The funds are allocated by the Open
Lands Board, a volunteer group of citizens, the majority of whom are ranchers,
to willing landowners
based on a scoring system with criteria including parcel size, surrounding land
uses, agricultural value, natural resource value, and how long the land has
been owned by the family.
Powell
County Development Regulations
In
Powell County, the development regulations divide the county into 4
“Agricultural Districts” and a series of “Rural Centers”. Each of these districts has minimum lot sizes
and allowable uses, creating what is essentially county wide zoning. Agricultural District 3, in the North end of
the County, was established out of concerns from the community over the rate at
which family farms were being turned over into second homes. This District has minimum lot sizes of 160
acres. The rural centers are areas of existing higher density
development in unincorporated towns that have designated growth boundaries, and
are permitted to have development at densities of 1 unit per acre. The Rural Centers allow for more dense
development in areas where some infrastructure is already in place and will
allow for growth in the County without compromising the productive agricultural
lands.
Jefferson
County Milligan Canyon/Boulder Valley Zoning District
In
Jefferson County, the Milligan Canyon/Boulder Valley Zoning District is a
citizen-initiated zoning district that was established as a means to protect
agricultural lands from subdivision.
Within its jurisdiction is establishes permitted uses and a strict 640
acre minimum lot size, with exceptions for limited commercial development. The Zoning district has been effective in
stopping all non-agricultural development.
The land
owners in the zoning district are willing to accept the potential for a
decrease in their land values and believe, in the long term, zoning will
actually increase land values as open agricultural lands become less common in
the region.
Routt County (CO) Subdivision
Exemptions
Routt County’s Subdivision Regulations include exemptions for Land Protection Subdivisions (LPS) and Open Land Subdivisions (OLS).
Larimer
County (CO) Rural Land Use Process
Mesa
County (CO) TDR and Community Separator Program
Zoning is the most effective tool for protecting large areas of farming and ranching necessary to maintain a viable agricultural community. Incentives, like PDR, is combination with large lot zoning can provide permanent protection and provide a financial benefit to working farmers and ranchers to help them stay on the land.
Why are Wetlands,
Waterways, and Riparian Areas Important? Wetlands, Waterways, and Riparian Areas
provide benefits to the economy, environment, and people including fish and
wildlife habitat, improved water quality, flood prevention, scenic beauty,
and recreational opportunities . Protection of the resources can be accomplished
with a variety of tools. Purchase or
transfer of development rights can be used to protect specific parcels that
border critical wetlands or waterways. However, this method is limited in its scope
and cannot be applied over large landscapes.
Other methods include setbacks or buffer zones within zoning or subdivision
regulations and incentives to encourage development away from critical resources.
What are Montana Counties Doing to
Protect Wetlands, Waterways, and Riparian Areas? Rivers and streams play an important role in
Montana’s cultural identity. From the
Lewis and Clark Trail to some of the Nation’s best trout fishing, rivers have
always played an important role in Montana, providing transportation,
recreation, tourism and other benefits to people and economies. However, protections for water resources in
Montana are still in their infancy. Any
protection at the local level is a rarity.
The efforts that have been made focus around floodplain and riparian
area protections. Ravalli County currently prohibits any
development in floodplains and Missoula County has the most comprehensive
floodplain ordinance in the state, which will be discussed in the Preventing
Natural Hazards Section, below.
The Chouteau County Development Regulation protects
approximately 70 miles of river frontage by establishing construction
setbacks. The regulation requires
setbacks of 3 miles from the high water mark of the Missouri River between Coal
Banks Landing Recreation Area and the eastern County line for any development
that is visible from any point between the high water marks of the river. Between the Fort Benton City planning area
and the Coal Banks Landing Recreation Area, structures must be set back 400
feet from the high water mark, all lots fronting the river must have at least
400 feet of river frontage, residential densities may not exceed 1 unit per 8
acres, any individual development or subdivision may not exceed 20 units, and
mobile homes may not be more than 5 years old at time of placement on the lot. Agricultural land owners are exempted from
all of these regulations.
While an interim river setback ordinance is currently in
litigation over a procedural issue, Big Horn County is writing a permanent
regulation that, if the current draft is adopted, will provide the most
comprehensive protection for waterways and riparian areas in the State. The draft (June 11, 2003) Zoning Regulations
for River Setbacks would require a 300 foot construction setback along 9
watercourses within the County. In areas
where the floodplain extends beyond 300 feet, the setback will be extended to
100 feet beyond the floodplain.
Additionally, the regulation requires a 50 foot strip of natural,
native, and undisturbed vegetation along the edge of the watercourse. Any construction occurring within 750 feet of
a regulated watercourse must complete a review process with the County. Development within the setbacks is currently
being regulated under the interim setback ordinance, which has been effectively
implemented to date with few exceptions (e.g. variances, illegal building).
The Powell County Development Regulations include a
Floodplain Overlay District with the following use restrictions. Along the Blackfoot River, all new
construction is prohibited within 75 feet of the river and its floodplain. The regulation also prohibits all
residential, commercial, and industrial structures within the floodplains of
the Clark Fork and Little Blackfoot Rivers.
Accessory agricultural structures are exempted from both of these
requirements.
San
Miguel County (CO) Watershed Protection Areas
Larimer
County (CO) Wetland Ordinance
Fort Collins (CO)
River Conservation Zone
Silverthorne
(CO) Waterbody, Wetland, Riparian Protection
Regulations
What Can Be Learned from these Examples
About Protecting Wetlands, Waterways, and Riparian Areas?
Regulatory setbacks are the
most effective way of providing the uniform protection necessary for the health
of waterways and riparian areas.
However, waterway protections are severely limited by county and city
boundaries unless they cross city and county boundaries as part of a regional
or statewide approach. Setbacks have the
added benefit of providing protection to homeowners and others in areas that
were improperly left out of floodplain mapping or from especially high floods.
Why is it
Important to Protect Wildlife and Wildlife Habitat? Montana is home to some of the last remaining
wild populations of species such as bison, grizzly bear, and lynx. Other species such as elk, big horn sheep, pronghorn
antelope, wolf, mountain lion, and wolverine have their largest populations
in the contiguous United States here in Montana. However, habitat loss and fragmentation currently
threaten the long term health of many species in Montana. Protection of vital habitat and migration routes
for wildlife species, particularly for those requiring large home ranges,
such as the grizzly bear and wolf, is critical to the long-term survival of
these species in Montana and the lower 48 states.
What are Montana Counties Doing to
Protect Wildlife and Wildlife Habitat? Currently, local governments in Montana are
doing very little to safeguard wildlife.
In this research effort, we could find only one example in which
wildlife protection had been codified at the local level. Wildlife are not only important from an
ecological perspective in Montana, they also provide many of the aesthetic and
cultural components that support local economies by attracting businesses and
tourism.
Powell
County Development Regulations
The Powell County Development regulations designate an
Important Wildlife Area Overlay District.
The district is defined by mapped areas on file with the County and
restricts residential densities for new development to one unit per 80 acres.
Infill development in existing residential areas is excluded from the
regulation. The planner has maps on file
of winter ranges of several species for the County, and stated that the
wildlife overlay is based on the map of elk winter ranges.
Middle Cottonwood
and Hebgen Lake Zoning Districts
These Gallatin County zoning districts use incentives,
such as transfer of development rights and density bonuses, to create better
development patterns and protect wildlife habitat and migration corridors. The Middle Cottonwood district provides
incentives to transfer density out of mule deer winter range. The Hebgen Lake district gives density
bonuses when sensitive lands, including wetlands, riparian areas, and wildlife
migration corridors, are preserved as open space.
Teton County (WY) Natural Resources Overlay
District
Teton County’s
Natural Resource Overlay District protects wildlife habitat in Teton County for
elk, mule deer, moose, bald eagles, trumpeter swans, and cutthroat trout. All proposed developments that are located
within the Natural Resources Overlay District are required to carry out an
environmental analysis including a habitat inventory and a development impact
assessment. Development is prohibited in
elk, moose, and mule deer migration routes and winter ranges as well as within
150 feet of cutthroat trout spawning areas unless the developer can demonstrate
that the development will not negatively affect the species in question. Furthermore, development is completely
prohibited within 300 feet of trumpeter swan nests and 400 meters of bald eagle
nests and within winter habitats for either species.
The
Fort Collins Natural Habitats and Features ordinance provides broad protection
to designated natural habitats and features including aquatic, wetland,
grassland, shrubland and forest areas as well as
potential habitats for rare and endangered species and other selected
wildlife. These areas are delineated on
the Natural Habitats and Features Inventory Map and are protected through a
series of buffer zones and development restrictions.
In
Colorado, counties
are granted express authority to regulate land uses that may endanger wildlife species or
habitat. Furthermore, the Department of Natural Resources is
assigned to work in
conjunction with appropriate local governments to designate and administer “areas
containing or having significant impact on natural resources…in a manner that
will allow man to function in harmony with, rather than be destructive to,
these resources”, with special consideration given to protection of areas
“essential for wildlife habitat”.
Finally, development in these areas must be “conducted in a manner which
will minimize damage to those resources for future use”.
Two Colorado counties that have done a good job of
implementing these regulations are Summit County and Larimer County. The Summit
County Wildlife Protection District relies on Wildlife Habitat maps prepared by
the Colorado Division of Wildlife and refers all development proposals for
properties in the district to the Division of Wildlife for review. The District
Wildlife Manager then makes a recommendation to the Planning Commission
regarding the proposed development. The Larimer
County Wildlife ordinance requires review of all proposed development projects
to determine if the project will impact wildlife or wildlife habitat. The ordinance then calls for a back and forth
process between the Planning Director and the Division of Wildlife to review
the proposal for potential impacts to wildlife and habitat. If impacts exist, the development is subject
to a series of development restrictions.
What Can Be Learned from these Examples About Protecting Wildlife and Wildlife Habitat?
In order to protect wildlife habitat and corridors from being fragmented by unplanned growth, local governments should work with the Dept. of Fish, Wildlife, and Parks, American Wildlands, and others to map habitat and corridors in their jurisdictions and adopting regulations to restrict development in these areas including buffers between new development.
Why is Groundwater Protection Important? Groundwater fills our wells and public drinking
water systems, it irrigates our crops, and feeds
our rivers and streams. Abundant, clean,
unpolluted groundwater is essential to life itself. However, in many of the populace counties in
Montana, groundwater supplies have either being drawn down or are being polluted
by the growing number of septic systems ringing our towns. To ensure the future of this resource, we need
to safeguard both quantity and quality of our groundwater supply.
The development regulation includes a groundwater recharge
overlay district, in which residential densities are restricted to one unit per
20 acres. The district has been mapped and is on file in the County planning
office.
The North Hills CGWA is located just north of
Helena. It was implemented by the State
DNRC after a citizen petition for a permanent control on groundwater
withdrawal. Citizens in the North Hills
area wanted the protections to limit new development in the area because they
were already experiencing problems with wells drying up.
Sypes Canyon Controlled
Groundwater Area
The Sypes Canyon CGWA
was initiated for reasons similar to the North Hills area. Again, wells were drying up and new
developments were proposed that citizens felt could further jeopardize existing
water supplies. One large subdivision in
the district was denied by the Gallatin County Commissioners because the
developer could not demonstate that the new wells
would not result in decreasing water levels in neighboring wells.
This ordinance identifies areas as drinking water source
protection zones and groundwater recharge areas. Discharge of regulated substances is
restricted within designated areas and all development plans must conform to
strict standards and be approved by a registered geologist as not having a
negative impact on drinking water supplies.
Spokane
County Aquifer Protection Area
The Spokane-Rathdrum
Aquifer is the sole source of drinking water for over 350,000 people in Spokane
County. Residents within the Aquifer Protection
Area must pay an annual fee for water withdrawal and sewage disposal (if they
use a private septic system). These
funds are used to subsidize extension of public sewer lines to unsewered areas.
This makes the cost of connecting to the public sewer system more
affordable to outlying landowners and eliminates sources of groundwater
contamination, protecting drinking water supplies throughout the County.
What Can Be Learned from these Examples
About Protecting Groundwater?
If counties
want to safeguard their groundwater supplies they should proactively identify
and map important groundwater recharge areas as well as areas where supplies
have already been impacted and restrict development of both septic systems and
wells in those areas. It is also important
that cities and counties work together to ensure that most new growth is
located in areas where it will be and can be served by public sewer and water
systems.
Why is Natural Hazard Prevention Important? Natural
hazards such as wildfire and flood threaten both life and property. These risks are heightened when development
occurs in areas prone to these hazards. When
developments are located in hazard areas that are distant from services such
as fire and ambulance, serious risks can be created. Counties often do not have the resources to
meet the needs for protection of these types of development. Taxpayers have ended up subsidizing the protection
of homes and structures located in the urban-wildland
interface or in floodplains, to the tune of tens of millions of dollars over
the last decade just for Montana. Locating
development away from these hazards is often the only way to prevent the high
level of risk for property and life.
What are Montana Counties Doing to Prevent Natural Hazards?