Tools for Smart Growth in Montana

Open Space and Agricultural Land Preservation

Wetland, Waterway, and Riparian Protection

Wildlife Protection

Ground Water Protection

Natural Hazard Prevention

Promoting Compact Communities


Open Space and Agricultural Land Preservation

 

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.

What are Counties in other Western States Doing to Protect Open Space and Agricultural Land?

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

 

What Can Be Learned from these Examples About Protecting Open Space and Agricultural Land?

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.

 

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Wetland, Waterway, and Riparian Protection

 

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.

Chouteau County Development Regulation

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.

Big Horn County River Setbacks

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).

Powell County Development Regulations

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.

What are Counties in other Western States Doing to Protect?

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.

 

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Wildlife Protection

 

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.

What are Counties in other Western States Doing to Protect Wildlife and Wildlife Habitat?

 

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. 

Fort Collins (CO) Natural Habitats and Features Ordinance

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.

 

Wildlife Protection in Colorado

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.

 

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Groundwater Protection

 

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.

What are Montana Counties Doing to Protect Groundwater?  Montana counties are doing little beyond implementing the minimum standards required by State law to protect ground water quality.  While water availability is becoming a big concern for new development in some areas of the state, we found no regulations requiring procurement of water rights for new development.  We found only one example of local level protections for groundwater, in the form of a groundwater recharge zone.  At the state level, the department of Natural Resources and Conservation has responded to concerns of citizens over decreasing water levels in wells by creating temporary controlled groundwater areas.  These areas will be studied for ground water availability and a determination will be made as to whether future development and withdrawal from the groundwater would negatively impact existing wells.  One subdivision proposal has been stymied in a CGWA over concerns that it would deplete groundwater and dry up neighboring wells.

Powell County Development Regulation

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.

North Hills Controlled Groundwater Area

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.

What are Local Governments in Other Western States Doing to Protect Groundwater?

Sandy City (UT) Drinking Water Source Protection Ordinance

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.

 

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Natural Hazard Prevention

 

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?