Missoula County: Clearing the air on county development decisions

Missoula County Board of Commissioners

We often hear from residents concerned about certain kinds of developments, like new houses or businesses, proposed for their area. We want to take the opportunity to clarify what authority and decision space Missoula County has over land use decisions.

First, it’s important to make clear that state law generally limits counties’ authority over what people do with their own private property. This is especially true in areas that are unzoned. Any decision space for counties typically involves ensuring developments meet state and local regulations.

Major development proposals, such as subdivisions, go through a robust process and are subject to approval by the county commissioners. Other projects, such as those simply requiring building and other permits, are subject only to staff administrative review and do not go before the commissioners. Recent examples of these types of projects include the proposed truck stop in Frenchtown and dollar store in Seeley Lake. These projects are subject to this administrative review and will not go to the commissioners for a decision. This is state law.

What both of these processes have in common is the County’s role is to make sure the proposed development follows local and state regulations, such as zoning, floodplain, building standards and health codes. If a development checks all the regulatory boxes, the County cannot legally deny it, even if it’s unpopular with residents. Doing so would risk costly lawsuits the County would have to defend with taxpayer money.

If residents want a say in what kind of development happens in their communities – where residential development happens vs. commercial, for example – the best way to do that is to work with the County to develop a land use plan that’s then enforced through zoning.

Missoula County currently has zoning for the Missoula urban area outside city limits, but it doesn’t cover areas such as Frenchtown, Lolo or Seeley. We are on the cusp of initiating the first countywide update to the land use plan that would cover these areas. Planning staff have started conversations with community councils about planning for growth. While this will not impact current development proposals, getting involved in this process is one way you can have a say in how your community grows in the future. Information about community councils is online at missoula.co/communitycouncils.

Keep in mind though that even zoning has its limits. If an area is zoned for commercial and a developer proposes a commercial business be located there, the County cannot deny it simply because a specific business is unpopular with residents. It’s still worthwhile to consider zoning, as it would, for example, give residents a say in whether commercial development can occur near a growing residential neighborhood. Zoning can also address the design of developments, which is often an issue and can be resolved through methods such as screening, landscaping and signage.

We appreciate the opportunity to share this information. Feel free to reach out to bcc@missoulacounty.us with questions about this or other aspects of county government.

– Missoula County Commissioners Juanita Vero, Josh Slotnick and Dave Strohmaier