Development key issue in Bozeman Pass zoning dispute

By NICK GEVOCK, Chronicle Staff Writer

The potential for coalbed methane gas drilling may have jump-started interest in zoning the Bozeman Pass area, but two years later growth is the stumbling block to creating a zoning district.

At least that was apparent Tuesday evening when a standing-room only crowd of more than 100 people packed the Gallatin County Courthouse for a hearing before county commissioners. Two groups presented competing proposals for zoning districts with identical regulations on gas drilling, but a widely different restriction on development.

"People like living in the rural area and want to protect what they have," said Nona Chambers, a member of the original "Bozeman Pass" district steering committee.

Advocates of the original zoning district, which would restrict development far more than the second "Old Bozeman Trail" proposal, far outnumbered opponents. The original zoning district would limit development to one house on every 80 acres, with a possible bonus density of two additional homes if they're clustered together.

But that proposal has irked some landowners. They say it smacks of homeowners on small parcels wanting to protect their views at the expense of others' property values.

"I don't feel that somebody can tell me what to do with my land," said Darlene McMillen.

Landowners in the area have been locked for months now in a battle over zoning. The efforts arose in 2002, after the J.M. Huber Corp. proposed to drill test wells for coalbed methane in the area.

Advocates of the original proposal cited a familiar list of reasons to clamp down on development. They said the area's abundant wildlife, clean water and open space would be ruined if the area gets too built up.

But a handful of opponents argued the Bozeman Pass group went too far with its proposal.

The Commission adopted a temporary zoning district that banned drilling. But that expired in August, and after two years of work, the original group was unable to gather the required 60 percent of landowner signatures to create a district.

So that group has come before commissioners asking them to use their authority to create a top-down district.

But opponent Quincy Orhai warned the crowd that top-down districts can't regulate gas drilling. That proves the original group is really trying to thwart development.

"You can kiss goodbye coalbed methane development regulation," he said. "Is that really what you folks want?"

However, that might not be set in stone, said Dick Dolan of the Greater Yellowstone Coalition, and an attorney. He cited a case in which the Montana Supreme Court ruled top-down districts can in fact regulate mineral development.

"They just can't completely do away with (drilling)," Dolan said.

After more than 30 people spoke, Commissioner Bill Murdock said he was still riding the fence on the density question, but he supports creating some type of zoning district. The Commission will take up the matter within weeks to make a decision.

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