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County Zoning Ban Deserves the Boot

By Chronicle editorial board

For the past 13 years Gallatin County has had on its books a ban on the creation of zoning districts by county commissioners. There is, however, one small problem with the ban - it's not legal under state law. Current county officials have recognized that they cannot simply ignore the potential confusion of a ban which has no force of law, and have indicated they will do away with the ordinance at the Dec. 2 commission meeting.


 Zoning has been a hot-button issue county-wide as rural landowners, in particular, are concerned about government interference with land use and value. In fact, a dozen or so people attended a preliminary hearing last week in which they voiced concerns over the potential impact of repealing the ban and their fear over the actions of future commissions. But the truth is that this commission has already violated its self-imposed ban by creating an emergency zoning district in the Bozeman Pass in July of last year to halt coal-bed methane development. The commissioners have the power to zone, like it or not.

County commissioners are trying to be sensitive to concerns over zoning, even though the need for planning and zoning is often painfully obvious, as it is in Four Corners. This County Commission has often stated it will not impose zoning on those who do not want it. Commissioners have also agreed to change the county growth policy to reflect that no zoning districts will be created without citizen petition, a "grassroots" policy as described by Commissioner Bill Murdock. In addition, commissioners are about to take a look at alternative forms of regulating, including the transfer of density rights, a method which adds to land value while preserving open space.

Growth will be a problem in the Gallatin Valley for many years to come. Zoning is but one tool, albeit an important one, to control sprawl and incompatible use, as in the case of the Bozeman Pass area. To pretend a ban is in place does a disservice to the public and creates an opportunity for legal shenanigans at an inopportune moment.

Let's hope the commission follows through and repeals the ban on Dec. 2.

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