County to consider emergency zoning for gravel pits

Commissioners submitted about five legal questions to Gallatin County Attorney Marty Lambert last month to find out the legal issues surrounding the request, County Commissioner Bill Murdock said. The questions largely revolved around “grandfather” clauses and zoning issues.

“The burden is on the people who are petitioning this,” he said. “They have to demonstrate and convince us that this is an emergency. It’s not our job to go out and ascertain that — it’s theirs.”

Lambert has not produced a final document, but hopes to have one written by Wednesday, he said.

The rules of emergency zoning are outlined in state law and are very specific, County Commissioner Steve White said. State law mandates that the burden is on residents to define what constitutes an emergency.

The interim zoning designation, if approved, would last for one year and could be renewed for another year, White said. It cannot exceed two years.

“That’s the deal with emergency interim zoning,” he said. “It’s a temporary zone that’s been put in place for an emergency but it can’t be put in place forever. It’s a short-term deal.”

County officials have adopted the measure twice in the past — once to address coal bed methane exploration on Bozeman Pass and again in the face water issues facing the Springhill area, White said.

The issue facing commissioners Thursday is a gravel pit expansion in Gallatin Gateway and two proposed new mining operations along Highline Road.

The meeting begins at 1:30 p.m. in the community room of the Gallatin County Courthouse, 311 W. Main St. in Bozeman. Residents can watch the proceedings on cable television or listen to streaming audio on the county Web site at www.gallatin.mt.gov.