Bill would need 100 percent landowners support for zoning districts

By WALT WILLIAMS, Chronicle Staff Writer

HELENA - A proposed bill could end the practice of citizen-initiated zoning districts such as the ones used in Big Sky and Bridger Canyon.

Currently, state law allows 60 percent of property owners in an area to petition county commissioners to create a planning and zoning district.

Senate Bill 343 would change that figure to 100 percent, meaning if only one property owner opposes it, he or she could stop the process dead in its tracks.

"If (it) is going to be a voluntary zoning district, it should be voluntary for all," Sen. Rick Laible, R-Victor, told the Senate Local Government Committee Thursday.

To illustrate the need for SB 343, Laible gave an example of a rancher in his district who found himself surrounded by "new people" to Montana.

The new property owners initiated a zoning district that ultimately was formed. Under the new district, no farm was allowed to employ more than three employees, including family members.

"He had to let one of his sons go," Laible said.

There are 14 citizen-initiated zoning districts in Gallatin County, county Planning Director Jennifer Madgic said in an interview Wednesday. Those include Big Sky, Bridger Canyon and Spring Hill.

"(The bill) is a fairly substantial alteration and something that would really jeopardize the chances of these zones being formed," she said.

Under existing state law, citizen petitions are one of three ways a new zoning district can be formed. Districts can also be initiated by the county or by a municipality.

SB 343 only affects citizen petitions.

Don Hargrove, a lobbyist for Gallatin County, pointed out that lawmakers themselves rarely agree on any one issue.

Raiding the state's coal trust for funds, for example, requires the approval of 75 percent of lawmakers. And, at this point, it doesn't look like that will happen, he said.

"I think this will destroy a very good tool," he said.

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