reese creek zoning district regulations and map - Gallatin County ...

REESE CREEK ZONING DISTRICT 

REGULATIONS AND MAP 

Adopted June 21, 2006

TABLE OF CONTENTS 

PAGE 

TABLE OF CONTENTS 1 

1.00 GENERAL PROVISIONS 2 

1.01 Title, Creation and Adoption 2 

1.02 Application of District Regulations 4 

1.03 Intent and Purpose 6 

1.04 Invalidation and Severability 8 

2.00 ZONING DISTRICT PROVISIONS 9 

2.01 Rural Residential District (RR-40) 9 

2.02 Agricultural and Rural Residential District (AR-80) 12 

2.03 Rural Residential and Wildlife Corridor District (RW-160) 16 

2.04 Neighborhood Business (NB) 20 

2.05 Public Lands (PL) 23 

3.00 GENERAL BUILDING AND DEVELOPMENT STANDARDS 24 

3.01 General Building and Development Standards 24 

4.00 SPECIAL PROVISIONS 35 

4.01 Additional Development Rights for Cluster Subdivision Provision 35 

4.02 Transfer of Development Rights Option 40 

5.00 ADMINISTRATIVE PROVISIONS 41 

5.01 Administration 41 

5.02 Non-Conforming Lots, Uses and Structures 43 

5.03 Land Use Permits 47 

5.04 Conditional Use Permits (CUP) 48 

5.05 Natural Resources Conditional Use Permit 50 

5.06 Variances 55 

5.07 Amendments 56 

5.08 Appeals Process 57 

5.09 Complaints and Enforcement 58 

6.00 DEFINITIONS AND GLOSSARY 60 

7.00 MAP 86 

8.00 APPENDIX 87 

A Fire Protection Guidelines 87 

B Ordinance to Control Community Decay 94 

C Proposed TDR and Replacement Section 4.02 100 

Reese Creek Zoning District Regulations and Map 1 

F:\PLAN\ZONING DISTRICTS Regulations\RC.Reese Creek\R.C.REGS.07 BOA Consol\RC.Final.Regs.2007 BOA consolidation.doc

1.00 GENERAL PROVISIONS 

1.01 Title, Creation and Adoption 

1.01.1 These Regulations shall be known as the Reese Creek Zoning District Regulations. It is 

adopted for the Reese Creek Zoning District, which was adopted on June 21, 2006. 

1.01.2 These Regulations are adopted pursuant to Montana Code Annotated (MCA) §76-2-201 

et. seq., in accordance with the Gallatin County Growth Policy (Growth Policy). 

1.01.3 Copies of these Regulations and Zoning Map are on file for public inspection with the 

Office of the Gallatin County Clerk and Recorder and the Gallatin County Planning 

Department (Planning Department). 



ADOPTION 

The Board of County Commission of Gallatin County adopted the Reese Creek Zoning 

District Regulations on June 21, 2006. 

GALLATIN COUNTY COMMISSION 

_______________________ 

John Vincent, Chair 

_______________________ 

William A. Murdock, Member 

_______________________ 

Joe Skinner, Member 

ATTEST: 

_______________________ 

Shelley Vance, Gallatin County Clerk and Recorder 



1.02 Application of District Regulations 

1.02.1 Application. The requirements established by these Regulations are minimum 

regulations and apply uniformly to each class or kind of structure or land throughout the 

District. Regulation provisions shall be held to the minimum that protects and promotes 

the public health, safety and general welfare of the District. 

These Regulations includes a grandfather clause in accordance with MCA §76-2-208, 

which allows existing non-conforming lots, structures, uses of land, and other 

characteristics which would otherwise be restricted or regulated under the terms of these 

Regulations, to continue as non-conforming. Non-conforming uses cannot be enlarged 

upon, expanded or extended, nor used as grounds for adding other structures or uses 

prohibited in the same District. Property owners of legally existing non-conforming 

structures may apply for a Conditional Use Permit (CUP, Section 5.04) to change, alter, 

enlarge, or expand the non-conforming uses pursuant to Section 5.02. 

1.02.2 Zoning Regulation Conformance. All new construction is potentially subject to the 

provisions of these Regulations. Property owners are responsible for ensuring all 

activity within District boundaries conforms to these Regulations. 

1.02.3 Exception. Under certain circumstances, the Zoning Enforcement Agent may exempt 

public utility pipelines, wells, or structures necessary for provision of services required 

for public health and safety, from provisions of these Regulations. 

1.02.4 Vesting. An application made within the District is subject to the regulations in effect at 

that time. 

1.02.5 Contradictions. If the requirements of these Regulations conflict with the requirements 

of any other lawfully adopted rules, regulations or covenants, the most restrictive (or 

higher standard) shall govern. 

1.02.6 Interpretations. The Zoning Enforcement Agent, Code Compliance Specialist, Gallatin 

County Planning Board (Planning Board) and the Board of County Commission of 

Gallatin County (County Commission) can make official interpretations of the Reese 

Creek Zoning District zoning regulations, boundaries, and map. If questions arise 

concerning the appropriate classification of a particular use, or if the specific use is not 

listed, the County Commission shall determine the appropriate classification of that use. 

In interpreting a use classification, the County Commission shall consider the matter in 

an office meeting and determine that the use: 

1. Is compatible with the uses permitted in the District. 

2. Is similar to one or more uses permitted in the District. 

3. Will not adversely affect property in the neighborhood or the District. 

4. Will not abrogate the intent of the Growth Policy or these Regulations. 



1.02.7 Natural Resources. These Regulations do not prevent the complete use, development, or 

recovery of any mineral (including an operation that mines sand and gravel or mixes 

concrete or batches asphalt), forest, or agricultural resource (MCA §76-2-209). 



1.03 Intent and Purpose 

1.03.1 These Regulations have been made in accordance with the Growth Policy for the 

purpose of promoting the public health, safety, and general welfare. Additionally, in 

accordance with MCA §76-2-203, these Regulations are designed to: 

1. Lessen congestion on the roads. 

2. Secure safety from fire, panic, and other dangers. 

3. Provide adequate air and light. 

4. Prevent overcrowding of land. 

5. Avoid undue concentration of population. 

6. Facilitate the adequate provision of transportation, water, sewerage, schools, 

parks, and other public requirements. 

7. Give reasonable consideration to the character of the District and its peculiar 

suitability for particular uses with a view to conserving the value of buildings and 

encouraging the most appropriate use of land. 

1.03.2 Additional purposes of these Regulations derived from Reese Creek property owners 

attending public visioning meetings in 2004, include the following: 

1. Be proactive rather than reactive. 

2. Preserve private property values and rights, including the ability to divide and sell 

private properties. 

3. Recognize and provide protection for the unique concerns, requirements and 

advantages of supporting agriculture in our community. 

4. Prevent overcrowding and undue population density. 

5. Conserve and protect wildlife habitat. 

6. Ensure high water quality and quantity standard. 

7. Preserve scenic resources, views and provide adequate open space. 

8. Prevent the spread of noxious weeds. 

9. Address commercial development and its attendant traffic, noise, waste 

production, light emission and water resource consumption. 

10. Preserve scenic night skies by controlling the use of exterior lights. 

11. Maintain community diversity by planning for a variety of lot sizes. 



12. Encourage careful consideration of lot size restrictions, cluster development, 

TDR's and other planning and zoning tools as a primary method of achieving the 

above stated purposes. 

13. Acknowledgement that agricultural operation may be a nuisance. Much of the 

property within the Reese Creek Zoning District is used for agricultural 

production (as defined in MCA §76-2-902). Owners, residents and other users of 

adjacent property may be subjected to inconvenience, discomfort, and the 

possibility of injury to property and health arising from normal and accepted 

agricultural practices and operations, including but not limited to noise, odors, 

dust, smoke, the operation of machinery of any kind, including aircraft, the 

storage and disposal of manure, the application of fertilizers, soil amendments, 

herbicides and pesticides. 



1.04 Invalidation and Severability 

1.04.1 If any section, subsection, subdivision, sentence, clause, paragraph, or phrase of these 

Regulations, or any attachments hereto, is for any reason held to be unconstitutional or 

void, such decision shall not affect the validity of the remaining portions of these 

Regulations to render the same operative and reasonably effective for carrying out the 

main purpose and intention of these Regulations. 



2.00 ZONING DISTRICT PROVISIONS 

2.01 Rural Residential District, One Dwelling per 40 Acres (RR-40) 

2.01.1 Intent. The intent of this District is to: 

Preserve scenic resources, views and provide adequate open space. 

Conserve and protect agricultural lands and agricultural livelihood. 

Conserve and protect wildlife habitat. 

Ensure high water quality and quantity standard. 

Preserve the rural residential character. 

Allow for development compatible to agriculture and rural residential uses. 

Promote public health, safety and general welfare. 

2.01.2 Tracts of Record. All legal tracts of land on record with the Office of the Clerk and 

Recorder at adoption of these Regulations, regardless of size, are entitled to all the uses 

by right (principal uses) and conditional uses of the RR-40 District designation with an 

approved Conditional Use Permit (CUP). 

2.01.3 Uses By Right/ Principal Uses 

1. Agriculture 

2. Dwelling (Single-Family) 

3. Accessory Dwelling 

4. Accessory Structure 

5. Excavation for Personal Use 

6. Home Occupation 

7. Greenhouse, up to 1500 square feet (building footprint) 

8. Equestrian Facilities, Personal 

9. Power Plant, Personal 

2.01.4 Conditional Uses (upon obtaining a Conditional Use Permit according to provisions of 

Section 5.04) 

1. Bed and Breakfast 

2. Day Care Home (Family) 

3. Greenhouse, larger than 1500 square feet (building footprint) 

4. Home Based Business 

5. Auto Repair, Minor (a business operation) 

6. Places of Worship 

7. Non-agriculture structures over 32 feet and not within a naturally wooded area 

8. Power Plant, Commercial, (Wind, Solar, and Hydro Energy Generation) 

9. Accessory structures (other than caretaker residence, guesthouse, or employee 

housing for authorized agriculture operations) over 2400 square feet (building 

footprint). 

10. Alterations to the exterior of a Bed & Breakfast for the purpose of increasing the 

number of guestrooms up to the regulation limit. 



11. Expansion or enlargement of an existing legal non-conforming structure. 

12. Essential Services (Type I and Type II) 

2.01.5 Natural Resources Conditional Uses (upon obtaining a Natural Resources CUP 

according to the provisions of Section 5.05 

1. Natural resource development and mining uses 

2.01.6 Development Density for Principal Uses 

1. Each parcel recorded at adoption of these Regulations has one (1) development right 

for an allowable principal use (such as one (1) dwelling per parcel). 

2. The minimum lot size is 40 acres that may be created by subdivision. 

3. Parcels five (5) acres or smaller are limited to two (2) accessory structures. Parcels 

larger than five (5) acres may have up to three (3) accessory structures. A detached 

accessory dwelling is an accessory structure. 

2.01.7 Use of Subdivision Exemptions (MCA §76-3-207 

1. Pursuant to MCA §76-3-207(1) (c), division of land made by the property owner(s) 

for the exclusive use of agricultural purposes shall be exempt from the minimum 

parcel size requirements. The use of an agricultural exemption shall not be allowed 

if the original parcel, after the division of the agricultural parcel, does not comply 

with zoning requirements. 

2. Pursuant to MCA §76-3-207(1)(a), a division of land made outside of platted 

subdivisions for the purpose of relocating common boundaries between adjoining 

properties shall be exempt from the minimum parcel size requirement if there is no 

resulting change in any and all of the parcels. (Example: A north/south common 

boundary can be changed to an east/west orientation by relocating the common 

boundary without a net change to the original parcels sizes.) 

2.01.8 Required Setbacks 

1. Property Lines 25 feet 

2. Springhill Road 50 feet 

3. Rocky Mountain Road 50 feet 

4. Gee Norman Road 50 feet 

5. Reese Creek Road 50 feet 

6. Bear Creek Road 50 feet 

7. Creeks (named and unnamed); 

rivers; ditches; channels; 



canals; and springs 50 feet from the annual mean high water mark 

8. Wetlands 50 feet 

2.01.9 Maximum Height of Dwellings and Structures 

1. Maximum 32 feet, unless number 2 below applies. 

2. Maximum 35 feet for a structure within a naturally wooded area in which existing 

trees in and around the building site are equal to the height of the proposed 

structure. 



2.02 Agricultural and Rural Residential District, One Dwelling per 80 

Acres (AR-80) 











by right (principal uses) and conditional uses of the AR-80 District designation with an 


2.02.3 Development Rights 

All parcels within the District have one (1) development right as a matter of right, which 

is referred to as the principal development right. Parcels 80 acres or more qualify for 

one (1) additional development right. Parcels within 10 percent of 80 acres (72 to 79 

acres) that were recorded at adoption of these Regulations qualify for one (1) additional 

development right. An additional development right may only be used pursuant to the 

Cluster Subdivision Provision (Section 4.01) or pursuant to the Transfer of Development 

Rights Provision (TDR) of Section 4.02. 

The approval of a cluster subdivision pursuant to Section 4.01 of these Regulations shall 

prevent any additional conditional uses from being permitted on any and all of the tracts 

of record created pursuant to the cluster subdivision. Approval of a cluster subdivision 

shall not prevent additional uses by right/principal uses from being permitted on any 

tract of record approved pursuant to a cluster subdivision. 











10. Outfitter 



2.02.5 Conditional Uses (upon obtaining a Conditional Use Permit according to provisions of 

Section 5.04) 







7. Guest Ranch 

8. Equestrian Facility, Commercial 


10. Power Plant, Commercial (Wind, Solar, and Hydro Energy Generation) 



footprint). 




14. Shooting Preserve (Upland Birds) 


2.02.6 Natural Resources Conditional Uses (upon obtaining a Natural Resources CUP 

according to Section 5.05) 



1. Each parcel (regardless of size) recorded at adoption of these Regulations has one 

(1) development right to be used according to the principal uses allowed in the 

District. 

2. The development density is 1:40. 

3. Each 80-acre parcel has one (1) development right (principal development right) and 

one (1) additional development right that may only be used onsite if the criteria 

pursuant to the Cluster Subdivision Provision (Section 4.01) are met. The principal 

development right and/ or the additional development right may be transferred to a 

designated receiving area within Gallatin County pursuant to the Transfer of 

Development Rights Provision (Section 4.02). The principal development right and 

the additional development right are equal to one (1) TDR each. 

4. At adoption of these Regulations, each recorded parcel within 10 percent of the 80acre 

minimum parcel size qualifies as an 80-acre parcel for development rights. 

Parcels that qualify include those between 72 to 79 acres. 



5. Parcels larger than 80 acres, one (1) additional development right is available for 

every increment of 40 acres or portions of an increment that is within 10 percent of 

40 acres (or 36 to 39 acres). 

6. At adoption of these Regulations, each recorded parcel that is developed with at least 

one single-family dwelling is considered to have used the principal development 

right. 

7. The minimum lot size that may be created after adoption of these Regulations is 80 

acres; a smaller lot size is possible if the subdivision is pursuant to the Cluster 

Subdivision Provision (Section 4.01). The cluster subdivision provision is limited to 

a maximum of 10 percent of the parcel, or eight (8) acres. 
















2.02.9 Required Setbacks 

















structure. 



2.03 Rural Residential and Wildlife Corridor District, One Dwelling per 

160 Acres (RW-160) 











by right (principal uses) and conditional uses of the RW-160 District designation with an 


2.03.3 Development Rights. 

All parcels within the District have one (1) development right as a matter of right, which 

is referred to as the principal development right. Parcels 160 acres or more qualify for 

three (3) additional development rights. Parcels within 10 percent of 160 acres (144 to 

159 acres) that were recorded at adoption of these Regulations qualify for three (3) 

additional development rights. Additional development rights may only be used 

pursuant to the Cluster Subdivision Provision (Section 4.01) or pursuant to the Transfer 

of Development Rights Provision (TDR) of Section 4.02. 

The approval of a cluster subdivision pursuant to Section 4.01 of these Regulations shall 

prevent any additional conditional uses from being permitted on any and all of the tracts 

of record created pursuant to the cluster subdivision. Approval of a cluster subdivision 

shall not prevent additional uses by right/principal uses from being permitted on any 

tract of record approved pursuant to a cluster subdivision. 











10. Outfitter 



2.03.5 Conditional Uses (upon obtaining a Conditional Use Permit according to the provisions 

of Section 5.04) 







7. Guest Ranch 

8. Equestrian Facility, Commercial 


10. Power Plant, Commercial (Wind, Solar, and Hydro Energy Generation) 



footprint). 




14. Shooting Preserve (Upland Birds) 


2.03.6 Natural Resources Conditional Uses (upon obtaining a Natural resources CUP according 

to Section 5.05) 



1. Each parcel (regardless of size) recorded at adoption of these Regulations has one 

(1) development right to be used according to the principal uses allowed in the 

District. 

2. The development density is 1:40. 

3. Each 160-acre parcel has one (1) development right (principal development right) 

and three (3) additional development rights that may only be used if the criteria 

pursuant to Cluster Subdivision Provision (Section 4.01) are met. The principal 

development right and the additional development rights may be transferred to a 

designated receiving area within Gallatin County pursuant to the Transfer of 

Development Rights Provision (TDR) of Section 4.02. The principal and additional 

development rights are equal to two (2) TDRs each, but only if transferred off the 

property within the sending area. A maximum of eight (8) development rights for 

transfer is possible if all development rights are removed from the 160-acre parcel 

within the sending area and transferred to a designated receiving area within Gallatin 

County. 



4. At adoption of these Regulations, each recorded parcel that is within 10 percent of 

the 160-acre minimum parcel size qualifies as a 160-acre parcel for development 

rights. Parcels that qualify include those between 144 to 159 acres. 

5. For parcels larger than 160 acres, one (1) additional development right is available 

for every increment of 40 acres or portions of an increment that is within 10 percent 

of 40-acre minimum (36 to 39 acres). 

6. Each parcel recorded at adoption of these Regulations that is developed with a 

single-family dwelling is considered to have used the principal development right. 

7. The minimum lot size that may be created after adoption of these Regulations is 160 

acres; a smaller lot size is possible if the subdivision is pursuant to the Cluster 

Subdivision Provision (Section 4.01). The cluster subdivision created pursuant to 

the Cluster Subdivision Provision is limited to a maximum of 15 percent of the 

parcel, or 24 acres for a 160-acre parcel. 
















2.03.9 Required Setbacks. 

















structure. 



2.04 Neighborhood Business District (NB) 

2.04.1 Intent. The intent of this District is to provide for small-scale retail and service activities 

for the convenience of the community residents, while still maintaining the rural 

residential character. 

2.04.2 Permitted Uses (upon obtaining a Conditional Use Permit according to the provisions of 

Section 5.04). 

A neighborhood business is limited to: 

1. Convenience or general merchandise store. 

2. An automobile gas station limited to a maximum of two (2) pumps and as part of a 

convenience or general store. 

3. A foodservice counter and/ or area (which may be within the structure or out side) as 

part of a convenience or general store. 

4. Veterinary Clinic. 

5. Child Day Care Center. 

2.04.3 Lot Area. The minimum lot area in this District shall be two (2) acres and a minimum 

lot width of 200 feet. 

2.04.4 Lot Location. The Neighborhood Business District shall be located on an arterial road 

that is maintained by Gallatin County or the Montana Department of Transportation. A 

District-lot may not include an irrigation ditch or a watercourse. 

2.04.5 Required Setbacks. 

1. Property line setback 50 feet 

2. Road setback 100 feet 

2.04.6 Structure Footprint. The minimum building footprint area for a structure is 800 square 

feet and the maximum building footprint area is 2,400 square feet. 

2.04.7 Lot Coverage. No more than 50 percent of the lot area shall be occupied by impervious 

surfaces. 

2.04.8 Building Height. Maximum building height in the District shall be 32 feet. 

2.04.9 Parking Plan. A Parking Plan shall be submitted with the Conditional Use Permit 

(CUP) application. The plan shall: 

1. Locate and describe the number of parking spaces that will accommodate the traffic 

that corresponds with the business use planned. 

2. Prohibit designated parking from within the required setback areas. 



3. Provide a minimum of two (2) handicap-access parking spaces. 

4. Provide pedestrian walkways. 

5. Provide designated vehicular and pedestrian access to the business. 

2.04.10 Screening. View-obscuring screening may be required between the business use and 

any adjacent residential district. The screening may consist of a combination of berms, 

landscaping, fences, and masonry walls. A Site Plan, drawn to scale shall be submitted 

with the Conditional Use Permit (CUP) application that includes the following: 

1. Parcel dimension. 

2. Existing and proposed grade of the site. 

3. Location and dimension of existing and proposed buildings, fences and walls. 

4. Location of storage area for solid waste and other service areas. 

5. Landscaping (existing and proposed). 

6. Sign type and location. 

7. Location and description of outdoor lighting. 

8. Location of snow and stormwater retention area. 

2.04.11 Standards. 

1. To qualify as a Neighborhood Business District, the lot shall be contiguous to an 

arterial road and can provide adequate access. 

2. The structure and business use shall be compatible with adjacent residential uses. 

3. Merchandise deliveries and solid waste collection shall be at the rear of the lot or at 

the rear of the structure. 

4. The building exterior-materials and appearance shall be compatible with the 

residential character of the District (RR-40, AR-80, RW-160) in which it is located; 

and exterior colors shall comply with standards of the applicable residential district. 

5. Effort shall be made to preserve existing natural vegetation and replacement of 

vegetation removed for site construction. 

6. The lot shall provide a trail easement for bike, horse, and/ or pedestrian access that is 

at least ten (10) feet wide and separate from adequate vehicular circulation and 

access. 

2.04.12 Criteria for Zone Amendment Review. 

1. The business use complies with the permitted uses (Section 2.04.2). 

2. Demonstrate compliance with standards pursuant to Section 2.04.11. 



3. Submittal of a Site Plan that: 

a. describes and locates the placement of uses on the lot; 

b. describes the activities and proposed mitigation for potential smoke, dust, 

airborne particles, glare, heat or noise; hours of operation; any potential fire 

mitigation; and traffic mitigation; 

c. complies with the parking requirements (Section 2.04.9); 

d. complies with the screening requirements (Section 2.04.10); and 

e. complies with any other applicable standards pursuant to General Building and 

Development Standards (Section 3.01). 

4. Demonstrate compliance with the Gallatin County Growth Policy. 

5. Agreement to install all required improvements prior to occupancy of the business 

and obtain a Certificate of Occupancy pursuant to Section 2.04.14. 

6. The Zone Amendment to allow the Neighborhood Business District is for the 

specified use approved and any change of use shall be reviewed and only permitted 

with an approved Conditional Use Permit (CUP) pursuant to Section 5.04. 

2.04.13 Review Procedures. An applicant requesting a Neighborhood Business District 

designation shall submit all requirements of this Section as part of the Zone Amendment 

procedure set forth in Section 5.07. 

2.04.14 Certificate of Occupancy. All improvements (including parking, trail, screening, 

landscaping, lighting, signage, etc.) shall be installed before occupancy of the 

structure(s) or use of the approved business and verified by the Zoning Enforcement 

Agent as a condition of the zone change approval. Upon confirmation that all required 

improvements are installed and satisfactory to the Zoning Enforcement Officer, the 

Zoning Enforcement Officer shall issue a Certificate of Occupancy. 



2.05 Public Lands District (PL) 

2.05.1 Intent. The intent of this District is to identify National Forest lands within the zoning 

boundary and acknowledge that forest industry management and urban-wildland 

interface management that includes: timber harvest, wildlife habitat preservation, public 

access recreation, and grazing on public lands, influences the quality of life and 

economy of the Reese Creek Community. It is the intent of this Section to preserve 

existing multiple uses on Gallatin National Forest lands and provide a public process in 

the event designated public lands are privatized. 

2.05.2 Development Rights. Public lands are not assigned any development rights. In the 

event that such lands are conveyed to a private entity, the District designation and 

development rights shall be determined by the County Commission pursuant to 

Amendments Section (Section 5.07) of these Regulations, and first consideration shall 

be given to the lowest-density district designation (Rural Residential and Wildlife 

Corridor RW-160) for all public-to-private land conveyances. 

2.05.3 Uses Allowed By Right/ Principal Uses. 

All uses pursuant to the Gallatin National Forest Plan for public lands and current 

administration policies. 



3.00 GENERAL BUILDING AND DEVELOPMENT STANDARDS 

3.01 General Building and Development Standards 

3.01.1 Intent. The purpose of this Section is to establish general building and development 

standards. These standards are intended and designed to assure compatibility of uses, 

protect the environment, preserve privacy, and preserve the character of the Reese 

Creek Community; and to enhance the health, safety and general welfare of the Reese 

Creek Zoning District residents. These standards supplement the specific District 

regulations set forth in these Regulations. 

3.01.2 Accessory Dwelling. An accessory dwelling shall be located on the same parcel as 

the principal dwelling (single-family dwelling). An accessory dwelling can either be 

attached or detached to the principal dwelling. An accessory dwelling is subordinate 

to the principal dwelling and includes an efficiency apartment, caretaker’s residence, 

agricultural employee housing and guesthouse. 

1. A minimum of two (2) onsite parking spaces shall be provided for an accessory 

dwelling unit. 

2. Nothing herein precludes the construction of the principal dwelling after the 

accessory dwelling provided all applicable regulations are met. 

3. An accessory dwelling may not be rented; qualified agricultural employee 

housing is exempt. 

3.01.3 Accessory Structures. With exception of structures for qualified agricultural uses, all 

accessory structures shall meet the following requirements: 

1. No accessory structure shall be erected in any required setback. 

2. No unfinished reflective siding shall be allowed. 

3. All accessory structures (other than caretaker residence, guesthouse, or employee 


footprint) shall require a conditional use permit. 

4. On parcels smaller than five (5) acres, only two (2) accessory structures shall be 

allowed. A maximum of three (3) accessory structures shall be allowed on 

parcels over five (5) acres. A detached accessory dwelling is an accessory 

structure. 

5. Accessory buildings less than 200 square feet (building footprint) do not require a 

land use permit and are not counted towards the accessory structure limit. 

3.01.4 Agriculture. As defined in MCA §76-2-903, agricultural activity includes activity that 

provides a standard annual income or that occurs on land classified as agricultural or 

forest land for taxation purposes. The condition or activity must occur in connection 

with the commercial production of farm products and includes, but is not limited to: 



the operation of machinery and irrigation pumps; odors; dust; movement of water for 

agricultural activities; ground and aerial application of seed, fertilizer, conditioners, 

and plant protection products; employment and use of labor; roadway movement of 

equipment and livestock; construction and maintenance of buildings, fences, roads, 

bridges, waterways; timber harvesting, thinning, and timber regeneration; burning and 

stubble and slash disposal, and plant nursery and commercial greenhouse activities. 

Commercial production of farm products includes the growing, raising, or marketing 

of plants or animals by the owners, owner’s agent, or lessee of the land that provides 

the income or that occurs on land that is classified as agricultural or forest land for 

taxation purposes such as: 

a) forages and sod crops; 

b) dairy and dairy products; 

c) poultry and poultry products; 

d) livestock, including breeding, feeding, and grazing of livestock and recreational 

equine use; 

e) fruits; 

f) vegetables; 

g) flowers; 

h) seeds; 

i) grasses; 

j) trees, including commercial timber; 

k) freshwater fish and fish products; 

l) apiaries; 

m) equine and other similar products; or 

n) any other product that incorporates the use of food, feed, fiber, or fur. 

3.01.5 Animal-Proof Refuse Containers. All refuse shall be stored in animal-proof 

containers or made unavailable to all domestic and wild animals. 

3.01.6 Automobile Repair, Minor (a business operation). For Districts that permit it and 

with an approved Conditional Use Permit (CUP) pursuant to Section 5.04, minor auto 

repair operations may be conducted in the residential districts subject to the following 

standards: 

1. All vehicles (stored and under repair) and all materials and solid waste related to 

the minor auto repair operation shall be located within structures or screened from 

adjacent property and public view. 

1. All vehicle repair work shall be conducted within an approved structure. 

2. Agricultural vehicles and farm equipment are exempt from standards 1 and 2 

above. A maximum of three (3) agricultural vehicles or pieces of farm equipment 

shall be on the site at any given time. 

3.01.7 Bed and Breakfast Inn. All Bed and Breakfast Inns shall be subject to the following 

standards: 

1. The proprietor shall reside in the Bed and Breakfast Inn. 



2. The number of bedrooms available for guests shall be five (5) or fewer. 

3. Food service shall be limited to overnight guests only, and shall be prepared from 

an onsite, central kitchen facility. 

4. The Bed and Breakfast Inn’s exterior appearance shall be compatible to 

residential dwellings in the same District. There shall be no alteration to the 

exterior of the Bed and Breakfast Inn that would detract from the residential 

character of the District. Any alteration of the of the structure’s exterior or 

expansion of the structure for the purpose of increasing the number of guestbedrooms 

(up to the maximum 5 bedroom limit) is permitted with an approved 

Conditional Use Permit (CUP) pursuant to Section 5.04. 

5. One (1) parking space per guest-bedroom shall be provided onsite in addition to 

the two (2) parking spaces required for a dwelling unit. 

3.01.8 Equestrian Facilities, personal. 

1. Income from training, boarding, and lessons shall be incidental to the principal 

use of the property. 

2. Does not allow commercial equestrian facilities as defined in these Regulations. 

3.01.9 Fences and Walls. 

1. All fencing shall be wire or natural materials, of natural colors, and shall not detract 

from the natural environment. 

2. Subdivisions (reviewed pursuant to the Gallatin County Subdivision Regulations 

and within the Reese Creek Zoning District) are responsible for the cost of new 

fencing or the cost to maintain an old fence on the subdivision boundaries with 

agricultural land. 

3.01.10 Greenhouse. A greenhouse that is an accessory structure within a residential district 

and not part of a qualified agriculture operation shall be limited to: 

1. Each greenhouse structure is limited to a maximum 1500 square feet (building 

footprint) without an approved Conditional Use Permit (CUP) pursuant to Section 

5.04. 

2. Parcels five (5) acres or smaller are limited to one (1) greenhouse. 

3.01.11 Guest Ranch. For Districts that permit it and with an approved Conditional Use 

Permit (CUP) pursuant to Section 5.04, a guest ranch shall also comply with the 

following standards: 

1. Requires a minimum 320-acre parcel. 



2. A guest ranch’s overnight accommodations may be a designated room within a 

structure, such as a central lodge, or a separate structure, such as a cabin. A guest 

ranch is limited to a maximum of eight (8) overnight accommodations. Parcels 

larger than 320 acres may increase the total overnight accommodations by one (1) 

for each increment of 40 acres over 320 acres. 

3. The location of all structures shall be limited to an area equal to a maximum of 10 

percent of the parcel. The structures shall be clustered to minimize the overall 

disturbance and/ or clearance of the landscape. The 10 percent area shall be 

contiguous and identified on the Site Plan required in the CUP process and within 

the 10 percent area designated building envelope(s) shall be identified. (Example: 

a 320-acre parcel is required to locate all structures within a 32-acre area and 

designate individual structure building envelopes.) 

4. A guest ranch is limited to one (1) main structure not to exceed 4000 square feet 

total for the kitchen, dining area, and other communal areas. The main structure 

may include overnight accommodations with the communal areas. Separate 

structures for individual guest ranch quarters (such as cabins) may be used to 

provide overnight accommodations. Overnight accommodation structures shall 

not exceed 1000 square feet per each unit. A guest ranch may have a combination 

of buildings to provide services and overnight accommodations not to exceed the 

limits specified in this Section (3.01.11). 

5. Individual guest ranch quarters (such as cabins) shall not contain a kitchen or 

cooking facilities. Central kitchen or cooking facilities are allowed. 

6. All guest ranch services and accommodations (lodging, dining, recreation) are 

limited to overnight guests. 

7. Guest ranch quarters (such as cabins) shall not be offered for rent or sale as 

dwelling units. 

8. A guest ranch may provide facilities to accommodate local customary recreational 

activities, which does not include the use of motorized vehicles and/ or activities. 

9. A guest ranch providing recreational activities shall provide for or have direct 

access to riding trails or other recreational facilities, to reduce off-site automobile 

travel. 

10. A Parking Plan that complies with Section 3.01.18 shall be included with the 

CUP application to assure adequate parking according to proposed use and 

capacity. A minimum of one (1) parking space per 200 square feet of building 

footprint is required. 

11. Outdoor lighting shall comply with Section 3.01.16. Location and identification 

of all outdoor lighting shall be included in the Parking Plan. 

12. All activity areas shall be designed to protect and ensure the general safety and 

welfare of participants, area residents, and wildlife. 



13. All guest ranch facilities shall comply with applicable state and local 

requirements (such as licensing, inspections, permits, etc.) pertaining to building, 

fire and safety codes. 

3.01.12 Home Based Business. A home based business shall meet the following standards: 

1. A home-based business shall be operated by a person residing within the dwelling. 

2. A home-based business is limited to three (3) employees that work on the 

premises and limited to types of activities such as contracting businesses; service 

businesses; offices; music, art, or other instruction; individual-artist studio and 

galleries. 

3. The home-based business shall not change the residential character of the lot. 

4. All vehicles, materials, and solid waste related to the home-based business shall 

be located within structures or screened from adjacent property view and public 

view. 

5. Disposal of all waste created by the home based business shall comply with 

Gallatin City-County Health Department, Environmental Health and Montana 

Department of Environmental Quality. 

6. No noise shall be created between the hours of 8 p.m. and 7 a.m. that is detectable 

to normal sensory perception at the property line. 

7. Generation of more than an average of ten (10) additional daily trips by any 

home-based business is prohibited. 

8. All parking shall be provided on site. 

9. All facilities shall comply with applicable state and local requirements (such as 

licensing, inspections, permits, etc.) pertaining to building, fire and safety codes. 

3.01.13 Home Occupation. A home occupation shall meet the following standards: 

1. A home occupation shall be operated by a person residing within the dwelling. 

2. No one residing off premises may be employed on the premises of a home 

occupation for work related to the home occupation. 

3. Disposal of all waste created by the home occupation shall comply with Gallatin 

City-County Health Department, Environmental Health and Montana Department 

of Environmental Quality. 

4. All parking shall be provided on site. 

3.01.14 Mobile, Modular, and Manufactured Homes. 

Mobile, modular, and manufactured homes qualify as single-family dwellings and 

shall comply with the applicable District designation (Section 2); and in order to 



achieve acceptable similarity in appearance and construction between conventional or 

site-built housing and mobile, modular, and manufactured homes, the following 

standards shall also apply: 

1. All Mobile, Modular, and Manufactured Homes: 

a. Dwellings shall be permanently connected to utility services in compliance 

with applicable codes. 

b. Dwellings shall have a permanent foundation compatible with conventionally 

built housing in surrounding area; or be physically anchored using 

manufacturers’ suggested standards and schematic (for system such as 

perimeter or runner footing and cable attachment), and appear compatible 

with conventionally built housing in the surrounding area. A block-support 

system is not acceptable permanent or anchored foundation. Confirmation of 

permanent foundation or manufacturers’ approved anchoring is required as 

part of the land use permit. 

c. Roofs shall have sloping lines with eaves, and shall be compatible with 

conventionally housing in surrounding area. 

d. Roofing material shall be of same fire resistant material required of 

conventional housing. 

e. The exterior covering material shall be similar and compatible to materials of 

housing in surrounding area. 

f. The exterior covering color (including roof) shall be similar and compatible to 

colors of housing in surrounding area. 

2. Mobile Homes. In addition to all of the above, the following standards apply: 

a. All mobile home dwellings must bear an insignia, which attests that the 

construction of the mobile home meets the Mobile Home Construction and 

Safety Standards of the US Department of Housing and Urban Development. 

b. Mobile home skirting must be provided around the entire perimeter of the 

dwelling. The skirting shall match the color and material of the exterior 

covering, and shall extend to the ground to conceal the underside of the 

mobile home and the permanent foundation. 

c. An abandoned, burned, or wrecked mobile home must be secured against 

entry and may remain on the lot for no more than 45 days in the abandoned, 

burned, or wrecked condition. 

3.01.15 Non-agricultural structures over 32 feet. 

1. Parcels less than 40 acres are limited to one (1) non-agricultural structure with a 

height that exceeds 32 feet, with an approved Conditional Use Permit (CUP). 

3.01.16 Outdoor Lighting. Outdoor lighting which is necessary for adequate safety, utility, and 

commerce is permitted provided it does not interfere with the privacy of others or the 

safety and enjoyment of property which is not intended to be illuminated; or cause the 

loss of the scenic view of the night sky; or does not produce glare. Permitted outdoor 

lighting shall meet the following conditions: 



1. Lighting fixtures shall be located, aimed, and shielded so that direct illumination is 

focused exclusively on the structure facade, landscape, or other intended site feature 

and away from adjoining properties and the public right-of-way. 

2. Lighting fixtures affixed to the exterior of a dwelling unit shall not exceed the height 

of the highest eave of the structure on which the light is located. 

3. Motion sensor activated lighting may only be triggered by movement on the 

property on which the light is located. 

4. Lighting fixtures mounted to a structure shall not extend more than four (4) feet 

above the highest part of the structure. 

5. Landscaping, walkway, driveway, sidewalk, bikeway lighting is limited to the path 

of travel area plus five (5) feet on either side of the path of travel. 

6. All-nonconforming outdoor light fixtures lawfully installed prior to and operable on 

the effective date of these Regulations are exempt from all lighting requirements. 

However, there shall be no change in use or lamp type, or any replacement (except 

the same type and output lamp replacement), or structure alterations made and if so, 

all changes shall comply with applicable regulations. 

7. Outdoor lighting not permitted in the Reese Creek Zoning District includes: 

a. Mercury vapor lamps. 

b. High-pressure sodium lamps. 

c. Blinking, flashing, moving, revolving, flickering, changing color, or chase 

lighting, except lighting for temporary seasonal displays, or lighting for public 

safety. 

d. Searchlights, floodlights, beacons or other similar high intensity lighting. 

e. Laser source lighting. 

f. Any upward oriented lighting. 

3.01.17 Outdoor Storage. Stored items shall be located within structures or screened from 

adjacent property view and public view. 

3.01.18 Parking. 

1. A minimum of two (2) on-site parking spaces shall be provided for every 

dwelling unit. 

2. For all non-residential uses that are required to provide parking shall include a 

minimum of one (1) disabled-accessible parking space in compliance with the 

American with Disabilities Act (ADA) dated, January 26, 1992, for every twelve 

(12) parking spaces provided. The disabled-accessible parking space(s) shall 

have an aisle five (5) feet wide; shall be located as near as practical to a primary 

entrance; and shall be marked reserved for disabled use showing the symbol of 

accessibility. If only one (1) disabled-accessible parking space is required, then it 

shall be designated and marked as “van accessible” and have an isle eight (8) feet 



wide. For every 1-8 disabled-accessible parking spaces provided, a minimum of 

one (1) shall be designated van accessible. 

3. Parking areas with fifteen (15) or more parking spaces shall include landscaping 

on a minimum of 10 percent of the parking area. 

4. Parking areas shall provide adequate space to be calculated at a minimum dimension 

of a 19’x 9’ (rectangle) for each required parking space. 

5. Places of worship and other similar places of public assembly shall provide at least 

one (1) passenger loading area on site. 

3.01.19 Power Plant, personal. 

1. Requires an approved Conditional Use Permit (CUP) pursuant to Section 5.04 for 

structures that exceed 32 feet in height. 

2. The process for generating power shall minimize and/ or mitigate the production of 

odors, smoke, dust, airborne particles, vibration, glare, heat or noise. Types of 

technology or processes that have the potential to generate excessive odors, 

smoke, dust, airborne particles, vibration, glare, heat or noise require a CUP 

pursuant to Section 5.04. 

3.01.20 Ridge and Ridgeline Development. Development of any ridge or ridgeline area 

shall blend with the natural terrain and vegetation in order to preserve and protect the 

scenic and rural character and environmental quality of the Reese Creek Zoning 

District in accordance with the following standards: 

1. Parcels created after the adoption of these Regulations shall meet the following 

standards as part of subdivision review: 

a. Building sites for all structures shall not detract from the scenic qualities or 

overall character of the District; and shall not obstruct views as viewed from 

public roads within the District. 

b. Building sites shall be down grade of the ridgeline. 

c. Structures and rooflines shall follow or mimic the contour of the ridge. 

d. Structures shall not break the silhouette of the ridge as viewed from public 

roads within the District. 

e. The exterior of all structures (including roofs) shall use muted and subdued 

earth-tone colors that blend in with the natural landscape. 

f. Retaining walls shall be terraced and made of materials that blend with 

existing natural landscape. 

g. Areas cleared and graded but not built upon, shall be revegetated to 

approximate the original density and type of vegetation (including trees) 

condition existing prior to the disturbance and shall be completed within 24 

months of the start of construction or disturbance. 

h. Appropriate sediment and erosion control measures shall be used throughout 

construction of site. 

i. Landscaping shall be added to screen structures in view from public roads. 



j. Slopes of 40 percent or greater shall be permanently preserved and prohibited 

from development. 

k. Site grading shall not alter existing prominent geological features or ridgeline 

silhouette. 

l. Driveways shall be designed to follow the contours of the terrain in order to 

minimize grading and to prevent erosion. 

m. Driveways of grades greater than 10 percent shall not exceed 100 feet in 

length. 

n. All driveways shall be a minimum of fourteen (14) feet wide for emergency 

vehicle accessibility; and driveways greater than 1000 feet in length shall 

provide a turn out every 1000 feet to allow passage by emergency vehicles. 

2. Parcels created prior to the adoption of these Regulations shall meet the following 

standards for development of ridges or ridgelines as part of Land Use Permit 

process pursuant to Section 5.03: 

a. Building sites are discouraged from ridges or detracting from ridgelines as 

viewed from public roads within the District, but are not prohibited from 

placing building sites on ridgelines. 

b. The exterior of all structures (including roofs) shall be muted and subdued 

earth-tone colors that blend in with the natural landscape. 

c. Areas cleared and graded but not built upon, shall be revegetated to 

approximate the original density and type of vegetation (including trees) 

condition existing prior to the disturbance and shall be completed within 24 

months of the start of construction or disturbance. 

d. Driveways shall be designed to follow the contours of the terrain in order to 

minimize grading and to prevent erosion. 

e. Driveways of grade 10 percent or greater shall not exceed 100 feet in length. 

f. Appropriate sediment and erosion control measures shall be used through out 

construction of site. 

g. Landscaping shall be added to screen structures in views from public roads. 

h. All driveways shall be a minimum of fourteen (14) feet wide for emergency 

vehicles accessibility; and driveways greater than 1000 feet in length shall 

provide a turn out every 1000 feet to allow passage for emergency vehicles. 

3.01.21 Signs. Blinking, flashing, moving, revolving, flickering, changing color, neon, 

banner, and billboard signs are not allowed in the District. Allowed signs shall meet 

the following conditions: 

1. Permitted signs shall be limited to a total surface area not exceeding twelve (12) 

square feet. 

2. Permitted signs shall be attached to or mounted on a freestanding pole(s) or post; 

or supported by a monument style pedestal. 

3. Permitted signs (and supporting structure) shall be limited to a maximum height 

of six (6) feet above grade. All signs exceeding six (6) feet in height shall be 



eviewed pursuant to the Conditional Use Permit (CUP) process pursuant to 

Section 5.04. 

4. One (1) portal sign is permitted to identify the property owner (with name and/ or 

address, brand, or similar) and shall be located on the premises and at the entrance 

to the property. 

5. A sign located on private property (not in the public right-of-way) to reduce speed 

as a caution for children, domestic animals, livestock, or wildlife is allowed. 

6. One (1) sign on premise is permitted for use with a Home Occupation or Home 

Based Business. Information on a sign for this use is limited to the name, 

occupation, and logo of the qualified home-based business or home occupation. 

3.01.22 Shooting Preserve (Upland Birds). 

1. All activity areas shall be designed to protect and ensure the general safety and 

welfare of participants, area residents, and non-targeted wildlife. 

2. All facilities shall comply with applicable state and local requirements (such as 


3.01.23 Wildfire Mitigation. 

TABLE A 

1. All new construction and replacement roofing on structures within the District 

shall use only Class A or B fire-rated roofing materials (Table A). 

2. Defensible space shall be created and maintained in accordance with the 

vegetation reduction and clearance guidelines of the Fire Protection Guidelines 

for Wildland Residential Interface Development (Appendix A). 

Fire Ratings of Roofing Materials: 

Class A fire rated roofing materials includes slate; rock shingle; concrete tile; and 

fiberglass based asphalt shingle and rolled roofing. 

Class B fire rated roofing materials includes aluminum shingle; aluminum or 

steel panels; and periodically treated wood shingle or shake, plus heat 

barrier. 

Class C fire rated roofing materials includes felt-tar based asphalt or rolled 

roofing; asphalt tar gravel; and periodically treated wood shake and 

wood shingle. 

Not Rated roofing material includes untreated wood shingle or shake. 



3.01.24 Utilities. Any new and/ or relocated utilities providing service to parcels or 

structures shall be placed underground. Refer to Section 5.06 for site constraints that 

may necessitate a variance. 

3.01.25 Worship, Places of. 

1. Requires a minimum two- (2) acre parcel and is limited to a maximum five- (5) 

acre parcel. 

2. Site is limited to one (1) structure with a maximum 3000 square-foot building 

footprint. 

3. The site may include one (1) accessory structure limited to 200 square feet. 

4. Building height limit shall not exceed 32 feet. 

5. A Site Plan that designates all outdoor lighting and signage is required in 

accordance with the Conditional Use Permit (CUP) process pursuant to Section 

5.04. 

6. The lot shall be contiguous to an arterial road and provide adequate access. 

7. Adequate parking shall be provided for use and capacity and demonstrated with a 

Parking Plan with the CUP submittal. 

8. The parking area may not be within the side property line setback. 

9. A minimum of one (1) parking space per 200 square feet of public assembly area is 

required; and two (2) parking spaces for each classroom. 

10. Permanent facilities for subordinate uses such as kitchen facilities, childcare 

services, education facilities, entertainment and events facilities, each require a 

separate review and use permit according to the CUP process. 

11. Any community use (other than public assembly for worship) of the indoor and/ or 

outdoor facilities shall be limited to daily uses that end at 11:00 p.m. 

12. All facilities shall comply with all applicable state and local requirements (such as 




4.0 SPECIAL PROVISIONS 

4.01 Additional Development Rights for Cluster Subdivision Provision 

4.01.1 Intent. The intent of this section is to provide for the use of additional development 

rights for the purpose of residential cluster subdivision intended to: 

Preserve unique and important natural features. 

Provide property owners of large tracts of land to preserve a majority of the land and 

have the option to develop a small portion. 

Provide for the continuation of agricultural operations. 

Protect the rural atmosphere. 

Properly plan and utilize land that may have areas unsuitable for development 

(wetlands, steep slope, wildlife habitat, streams, etc.) 

Encourage flexibility of design. 

Promote attractive and comprehensive site planning. 

Promote efficiency in the provision of public services, including roads. 

4.01.2 Definitions Specific to the Cluster Subdivision Provision. 

Cluster Subdivision. An acceptable clustered development designed to minimize the 

overall disturbance on the landscape, creating smaller lots which are grouped together 

on a site as opposed to scattered throughout a site, approved by a Conditional Use 

Permit (CUP) prior to subdivision review. 

Additional Development Rights. Development rights in addition to principal 

development rights, that may be used only for cluster subdivision and if all criteria are 

met. 

Qualified Parcel. Parcels recorded at the adoption of these Regulations that are within 

10 percent of the required parcel size for the district, qualify for additional development 

rights. In the AR-80 District the minimum parcel size a parcel may be to qualify for the 

additional development right is 80 acres or parcels recorded at adoption of these 

Regulations that are within 10 percent, which includes parcels between 72 to 79 acres. 

In the RW-160 District the minimum parcel size a parcel may be to qualify for the 

additional development rights is 160 or parcels recorded at adoption of these 

Regulations that are within 10 percent, which includes parcels between 144 to 159 acres. 

4.01.3 General Use of Additional Development Rights. 

1. Development Rights (principal and additional development rights) are determined 

by the recorded parcel size at adoption of these Regulations. 

2. Additional development rights only apply to parcels within the AR-80 and RW-160 

Districts. 



4.01.4 Authorized Development Rights Uses. 

1. RW-160 District. A 160-acre parcel within the RW-160 District has one (1) 

development right (principal right) that may be used according to the principal uses 

allowed in the District, and three (3) additional development rights which may only 

be used for onsite subdivision if the criteria for Cluster Subdivision Provision are 

met. 

An example of using a combination of development rights: A 160-acre parcel with a 

single-family dwelling (considered use of the principal development right) has three 

(3) additional development rights that may be used onsite to create a cluster 

subdivision pursuant to the criteria of Cluster Subdivision Provision (Section 4.01) 

and Conditional Use Permit (CUP) process of Section 5.04. Use of the Cluster 

Subdivision Provision and criteria applies to the creation of one (1), two (2), or three 

(3), additional lots using the additional development rights. If the 160-acre parcel is 

undeveloped, all four (4)-development rights (principal and additional) may be used 

to create a four- (4) lot cluster subdivision and open-space tract. 

2. The AR-80 District. An 80-acre parcel with a single-family dwelling (considered 

use of the principal development right) has one (1) additional development right that 

may be used onsite to create a one- (1) lot subdivision pursuant to the criteria of 

Cluster Subdivision Provision (Section 4.01) and Conditional Use Permit (CUP) 

process of Section 5.04. Use of the Cluster Subdivision Provision and criteria 

applies to the creation of one (1) lot using the additional development right. If the 

80-acre parcel is undeveloped, both development rights (principal and additional) 

may be used to create a two- (2) lot cluster subdivision and open-space tract. 

4.01.5 Criteria for Cluster Subdivision and Use of Development Rights. 

1. Minimum parcel size for participation of the Cluster Subdivision Provision is 80 

acres in the AR-80 District; and 160 acres in the RW-160 District. Parcels of record 

at the adoption of these Regulations within 10 percent of the minimum parcel size 

also qualify for use of the additional development right(s) for cluster subdivision (72 

to 79 acres in the RW-80 District; and 144- to 159 acres in the RW-160 District are 

qualified parcels). 

2. At adoption of these Regulations, parcels developed with a single-family dwelling 

are considered to have used the principal development right; additional development 

right(s) may apply. 

3. The maximum overall density using the Cluster Subdivision Provision is 1:40. 

4. Minimum lot size is subject to Montana Department of Environmental Quality and 

Gallatin City-County Health Department. 

5. Maximum lot sizes: 



a. Within the AR-80 District: The area for all lots created pursuant to the Cluster 

Subdivision Provision is limited to 10 percent of the original parcel. If one (1) 

additional development right is used then the maximum lot size for the clusterlot 

is eight (8) acres (for an 80-acre parcel); if two (2) or more development 

rights are used in accordance with the cluster criteria then the lot sizes may vary, 

but the cluster subdivision is limited to one ten-(10) acre parcel for development 

within the 10-percent area. 

b. Within the RW-160 District: The area for all cluster-lots created pursuant to 

the Cluster Subdivision Provision is limited to 15 percent of the original parcel. 

If one (1) additional development right is used then the maximum lot size for the 

cluster-lot is the area that equals 15 percent of the original parcel; if two (2) or 

more development rights are used in accordance with the cluster criteria then the 

lot sizes may vary, but the cluster subdivision is limited to one ten- (10) acre 

parcel for development within the 15-percent area. 

6. An open-space tract is created when all development rights are concentrated within a 

cluster subdivision on a maximum of 10 percent of a participating lot in the AR-80 

District or 15 percent of a participation lot in the RW-160 District. The resulting 

open-space tract will consist of 90 percent of the participating lot in the AR-80 

District and 85 percent of the participating lot in the RW-160 District. The 

designated open-space tract may be used for agricultural purposes but is prohibited 

from including dwellings or non-agricultural structures because all development 

rights have been applied to the cluster subdivision. Ownership of the open-space 

tract may be in common and managed by provisions in the Home Owner’s 

Association; privately owned; or a combination of both. 

7. Criteria from this list must be met to use development rights for cluster subdivision 

(items a and b below are mandatory and a minimum of four (4) others from c 

through i are required): 

a. New lots are in close proximity to public roads. (mandatory) 

b. New lots are contiguous as clustered. (mandatory) 

c. Building sites are located in an area least likely to interrupt or detract from 

wildlife corridors, wetlands and scenic vistas, as seen from public roads and 

neighboring properties. 

d. Building sites are located on the least fertile soils for agricultural uses, and in a 

manner, which maximizes the useable area remaining for such use. 

e. Building sites are along the edges of open fields adjacent to any woodland in 

order to reduce impact on agriculture; to provide summer shade and shelter from 

winter wind; and to enable new construction to be visibly absorbed by natural 

landscape features. 

f. Building sites are located with the least disturbances to the natural topography, 

landscape, vegetation, and agriculture. 

g. Building sites avoid exposed hillsides, ridgetop, and creekbanks. 

h. Building sites are in close proximity to roads and existing dwellings. 

i. New lots share driveway access. 



8. Parcels undeveloped may use the principal development right to create a lot that is 90 

percent of the original parcel in the AR-80 District or up to 85 percent of an original 

parcel in the RW-160 District and use the balance of the original parcel (either 10 

percent or 15 percent) to cluster the remaining development rights (additional 

development rights) pursuant to the Cluster Subdivision Provision. In addition to 

the criteria above, to create a lot that is 90 percent of an original parcel in the AR-80 

District or 85 percent of an original parcel in the RW-160 District, the following 

criteria shall be met. A minimum of four (4) from the criteria (a through g) below 

must be met: 

a. Building sites are located in an area least likely to interrupt or detract from 

wildlife corridors, wetlands and scenic vistas, as seen from public roads and 

neighboring properties. 

b. Building sites are located on the least fertile soils for agricultural uses, and in a 

manner, which maximizes the useable area remaining for such use. 

c. Building sites are along the edges of open fields adjacent to any woodland in 

order to reduce impact on agriculture; to provide summer shade and shelter from 

winter wind; and to enable new construction to be visibly absorbed by natural 

landscape features. 

d. Building sites are located with the least disturbances to the natural topography, 

landscape, vegetation, and agriculture. 

e. Building sites avoid exposed hillsides, ridgetop, and creekbanks. 

f. Building sites are in close proximity to roads and existing dwellings. 

g. New lots share driveway access. 

9. The following statement shall be recorded on the plat: Tracts created by approval of 

a cluster subdivision pursuant to Reese Creek Zoning Regulations, Section 4.01, are 

not permitted any further conditional uses as described in Section 2.02.3 and Section 

2.03.3. 

4.01.6 Review Procedures. A Conditional Use Permit (CUP) is required for use of the Cluster 

Subdivision Provision. All cluster subdivision proposals shall meet the requirements of 

this Section and be reviewed through the CUP process pursuant to Section 5.04 prior to 

application for subdivision review. A CUP granting the use of a cluster subdivision 

shall comply with the provisions of this Section and the provisions of Section 5.04. 

4.01.7 Application Requirements. The following material shall be submitted for Conditional 

Use Permit (CUP) review of cluster subdivision: 

1. Demonstrate compliance with cluster provisions and criteria of this Section. 

2. Provide a site plan or layout that identifies lot sizes, access, building sites, surface 

water, wooded area, and ridgelines. 

3. If an open-space tract is created, provide a plan for its use that includes irrigation 

uses. 



4. If an open-space tract is created, provide draft copies of proposed deed restrictions 

that specify use of and any remaining development rights; ensures the perpetuity of 

the open space designation; specifies any restricted uses. 

4.01.8 Approval. The County Commission shall approve a Conditional Use Permit (CUP) 

for the use of Cluster Subdivision Provision if it complies with the provisions, 

criteria, and requirements of this Section and the general CUP criteria of Section 5.04. 

4.01.9 Expiration. Subdivision of land is subject to review and separate application pursuant to 

the Gallatin County Subdivision Regulations. An approved Conditional Use Permit 

(CUP) permitting the use of the Cluster Subdivision Provision shall expire two (2) years 

from its approval date if a Preliminary Plat application for subdivision (that corresponds 

with the location, design, density, and number of lots of the approved CUP) has not been 

submitted to the County Planning Department. 



4.02 Transfer of Development Rights (TDR) Option 

4.02.1 County Transferable Development Rights Program. When these Regulations took 

effect Gallatin County had not created a Transferable Development Rights (TDR) 

program. The Reece Creek Advisory Committee proposed a TDR program. The 

proposed Reese Creek Zoning District TDR language is included in Appendix C of 

these Regulations. Appendix C provides a mechanism to create sending areas within 

a TDR program. Entitlements contained in Appendix C will not vest until Reese 

Creek Zoning District is part of a TDR program where the County Commission has 

established at least one County zoning district with receiving areas. 



5.00 ADMINISTRATIVE PROVISIONS 

5.01 Administration 

5.01.1 Intent. The intent of these Regulations is to regulate and promote orderly development. 

5.01.2 Zoning Enforcement Agent. The Zoning Enforcement Agent supervises and enforces 

the provisions of these Regulations pursuant to MCA §76-2-210. This consists of, but 

is not limited to, issuing land use permits, enforcing violations and reviewing 

applications for conditional use permits, variances, rezoning requests and 

amendments to these Regulations. 

5.01.3 Code Compliance Specialist. The Code Compliance Specialist ensures compliance 

with the provisions of these Regulations in conjunction with the Zoning Enforcement 

Agent. This consists of, but is not limited to, revoking land use permits, issuing cease 

and desist orders, requiring removal/ dismantling of structures, determining 

compliance with these Regulations, and issuing fines. All decisions made by the 

Code Compliance Specialist follow the same administrative and appeals procedures 

as that of the Zoning Enforcement Agent. 

5.01.4 Advisory Committee. The County Commission may create a non-remunerative 

advisory committee, of up to five (5) members, to make recommendations within the 

District. Members are freeholders in the District. Advisory Committee members are 

appointed for two- (2) year staggered terms. Initially, two (2) members are appointed 

for one- (1) year terms and three (3) members are appointed for two- (2) year terms. 

Advisory Committee recommendations are advisory only and are not binding upon 

the Commission. Advisory Committee meetings are open to the public and noticed 

accordingly. The Advisory Committee may also notify the Zoning Enforcement 

Agent of alleged violations within the District. 

5.01.5 Board of Adjustment. Pursuant to §76-2-221, MCA, the County Commission shall 

appoint a five-member Gallatin County Consolidated Board of Adjustment (“BOA”). 

The Gallatin County Consolidated BOA shall have jurisdiction over all matters within 

the Reese Creek Zoning District within the BOA’s powers. Those powers shall be: 

1. To hear and decide appeals where it is alleged there is error in any order, 

requirement, decision, or determination made by an administrative official in the 

enforcement of these Regulations. 

2. To hear and decide variances (special exceptions) to these Regulations that will not 

be contrary to the public interest and where, owing to special conditions, a literal 

enforcement of the provisions of these Regulations will result in an unnecessary 

hardship, and so that the spirit of these Regulations is observed and substantial 

justice done. 

(Amended: County Commission Resolution No. 2007-123) 



3. In exercising the above mentioned powers, the BOA may, reverse or affirm, wholly 

or partly, or modify the order, requirement, decision, or administrative determination 

made by the Planning Director appealed and may make such order, requirement, 

decision, or determination as ought to be made and to that end shall have all of the 

powers of the officer from whom the appeal is taken, (MCA §76-2-223). The 

concurring vote of three members of the BOA shall be necessary to grant a 

variance, reverse any order, requirement, decision, or determination of any such 

administrative official (MCA §76-2-224). 

5.01.6 County Planning Board. The 11-member Gallatin County Planning Board (Planning 

Board) consists of resident freeholders serving in an advisory capacity to the County 

Commission. The Planning Board’s role is to make recommendations on the revision of 

boundaries and the amendment of regulations (MCA §76-2-204 and MCA §76-2-205). 

5.01.7 County Commission. The County Commission reserves the right to, after public 

notice and hearing, deny, approve or conditionally approve all conditional use 

applications. 

5.01.8 Schedule of Fees. The County Commission sets fees for all applications; including but 

not limited to land use permits, zone changes, conditional use permits, and variances. 

The County Commission will not take action on an item until fees are paid in full. 

Fees are non-refundable. 



5.02 Non-Conforming Lots, Uses and Structures 

5.02.1 Intent. Within the districts established by these Regulations, there exist lots, structures, 

uses of land and structures, and characteristics of use, which were lawful before these 

Regulations were adopted or amended, but which would be prohibited, regulated or 

restricted under terms of these Regulations or future amendments. It is the intent of 

these Regulations that non-conformities shall not be enlarged upon, expanded or 

extended, nor used as grounds for adding other structures or uses prohibited elsewhere in 

the same District. 

Non-conforming uses are declared by these Regulations to be incompatible with 

permitted uses in the district involved. However, to avoid undue hardship, nothing in 

these Regulations shall be deemed to require a change in the plans, construction or 

designated use of any building on which actual construction lawfully began prior to the 

effective date of adoption or amendment to these Regulations and which actual building 

construction has been carried on diligently. Actual construction is hereby defined to 

include the placing of construction materials in permanent position and fastened in a 

permanent manner. Where excavation or demolition or removal of an existing building, 

such excavation or demolition or removal shall be deemed to be actual construction, 

provided that work shall be carried on diligently. 

5.02.2 Non-Conforming Parcels of Record. In any District, structures permitted in said district 

may be erected on any non-conforming parcel which was of record on the effective date 

of these Regulations. All other requirements and restrictions of the District apply to a 

parcel of record that does not meet parcel area requirements. 

A non-conforming parcel of land shall not be divided or changed in any way to reduce 

the area of the original parcel or increase its non-conformity. 

5.02.3 Non-Conforming Uses of Land. Where at the time of the adoption of these Regulations 

lawful use of land exists which would not be permitted by theses Regulations, the use 

may be continued so long as it remains otherwise lawful, provided: 

1. A legal non-conforming use shall not be enlarged or increased, or extended to 

occupy a greater area of land than was occupied at the effective date of adoption or 

amendment of these Regulations. 

2. A legal non-conforming use shall not be moved in whole or in part to any portion of 

the lot or parcel not occupied by such use at the effective date of adoption or 

amendment of these Regulations. 

3. If any such non-conforming use of land ceases for any reason for a period of more 

than 24 months, any subsequent use of such land shall conform to these Regulations 

classified by these Regulations for the District in which the land is located. If a 

seasonal use ceases for the use of two (2) consecutive seasons, then subsequent use 

of such land shall conform to these Regulations. 



4. Any non-conforming use of land superseded by a permitted use shall thereafter 

conform to these Regulations of the District in which it is located and the nonconforming 

use may not thereafter be resumed. 

5.02.4 Non-Conforming Structures. Where a lawful structure exists at the effective date of 

adoption or amendment of these Regulations that could not be built under the terms of 

these Regulations by reason of restriction on parcel, area, height, yards, its location on 

the parcel, or other requirements concerning the structure, such structure may be 

continued so long as it remains otherwise lawful, subject to the following provisions: 

1. A legal non-conforming structure shall not be altered or enlarged in any way, which 

increases its non-conformity however, any structure or portion thereof may be 

altered to decrease its non-conformity without approval from the County 

Commission. 

2. Should such non-conforming structure or non-conforming portion of a structure be 

destroyed by a catastrophic event, it may be reconstructed if it is rebuilt in 

substantially the same manner as it existed prior to destruction and does not require 

prior approval by the County Commission. Any use or structure which is not 

substantially the same as the original use or structure shall conform with the 

applicable provisions of these Regulations and applicable federal, state, and local 

building codes. 

3. Should such structure be moved for any reason for any distance whatever, it shall 

thereafter conform to these Regulations. 

4. Any legal non-conforming structure altered to conform to the regulations of the 

District in which it is located shall thereafter remain in conformance with these 

Regulations. 

5. Property owners of legally existing non-conforming structures may apply for a 

Conditional Use Permit (CUP) pursuant to Section 5.04 for approval to change, 

alter, enlarge, or expand a non-conforming structure prior to changes to the nonconforming 

structure. 

5.02.5 Non-Conforming Uses of Structures. If a lawful use of a structure, or of structures and 

premises exists at the effective date of adoption or amendment of these Regulations that 

would not be allowed in the District under the terms of these Regulations, the lawful use 

may be continued so long as it remains otherwise lawful provided that: 

1. An existing structure devoted to a legal non-conforming use shall not be enlarged, 

extended, constructed, or structurally altered. A non-conforming use of a structure 

may change to a permitted use. 

2. Any non-conforming use may be extended to any other part of a structure designed 

for such use, but no such use may be extended in any way to occupy land outside the 

structure. 



3. Any legal non-conforming use superseded by a permitted use shall thereafter 

conform to the regulations of the District in which it is located and the nonconforming 

use may not thereafter be resumed. 

4. If a non-conforming use of a structure ceases for a period of more than 24 months, 

except for seasonal uses, any subsequent use of such structure shall conform to the 

regulations of the District in which it is located. If a seasonal use ceases for the use 

of two (2) consecutive seasons, then subsequent use of land shall conform to 

regulations of the District in which it is located. 

5. If a non-conforming use is destroyed by catastrophic event, it may be reconstructed 

if it is rebuilt in substantially the same manner, as it existed prior to destruction. 

Reconstruction of a non-conforming use does not require prior approval of the 

County Commission. Any use that is not substantially the same as the original use 

shall conform with the applicable provision of these Regulations and applicable 

federal, state, and local building codes. 

5.02.6 Repairs and Maintenance. On any non-conforming structure or portion of the structure 

containing a non-conforming use, work may be done on ordinary repairs and fixtures, 

wiring, plumbing, or repair or replacement of non-load-bearing walls, to the extent not 

to exceed 15 percent of the replacement value of the building in any one (1) year, 

provided that such work does not increase the cubic content of the building. The 15 

percent does not apply to an interior or exterior remodel that does not increase the cubic 

content or increase the building footprint of the structure. Nothing in these Regulations 

shall be deemed to prevent the strengthening or restoring to a safe condition of any 

building or part thereof declared to be unsafe by any official charged with protecting the 

public safety, upon order of such official or other person qualified to make such a 

declaration. 

5.02.7 Determination of Status of Non-Conforming Land Uses and Structures. It shall be the 

responsibility of the Zoning Enforcement Agent and Code Compliance Specialist to 

determine the status of non-conforming land uses and structures. If the Zoning 

Enforcement Agent determines that a use or structure meets the applicable criteria in 

these Regulations and above, the use or structure shall be deemed an Approved Non- 

Conforming Land Use or Approved Non-Conforming Structure. The following 

procedures shall be followed to determine the status of non-conforming land uses and 

structures. 

1. The owner of record of the subject use or structure shall make an application for a 

determination of the status of a land use or structure. 

2. It shall be the burden of the applicant to prove entitlement to approved nonconforming 

status by furnishing the Zoning Enforcement Agent and Code 

Compliance Specialist with a preponderance of supporting information. Such 

information shall include, but not be limited to, septic or sewer hook-up permits, 

building permits, business licenses, knowledge of the past history of the site and 

dated photographs. 



3. The Zoning Enforcement Agent and Code Compliance Specialist shall determine on 

a case-by-case basis whether a land use or structure is an existing non-conforming 

use or existing non-conforming structure. 

4. Appeals of the Zoning Enforcement Agent and Code Compliance Specialist's 

decision may be made in accordance with the provisions of the Appeals Process, 

Section 5.08. 

5. The Zoning Enforcement Agent and/ or Code Compliance Specialist shall maintain 

a record of existing non-conforming uses and structures as such information 

becomes available. 



5.03 Land Use Permits 

5.03.1 Intent. Land Use Permits are required prior to construction of structures within the 

District, except those structures exempt by these Regulations. An approved Land Use 

Permit shows conformity with these Regulations. 

5.03.2 Process. Landowners shall submit Land Use Permit applications (with accompanying 

fee) to the Planning Department for new structures as defined by these Regulations. 

The Zoning Enforcement Agent inspects applications to determine if projects comply 

with provisions of these Regulations. 

5.03.3 Exempt Structures: Qualified accessory structures used exclusively for agricultural 

purposes are exempt from the Land Use Permit requirements and the maximum 

structure height standards; however all accessory structures shall comply with the 

setback requirements. 

5.03.4 Septic Permits. Landowners shall provide proof of septic or sewer permits with those 

projects, which contemplate new facilities or extension of existing facilities. 

5.03.5 Appeals. Appeals of Zoning Enforcement Agent decisions may be submitted under 

the Administrative Appeal Process. 

5.03.6 Expiration. Land Use Permits expire if building or work authorized by the permit has 

not commenced within twelve (12) months from the original permit date and if work 

authorized by the permit is not completed within twenty-four (24) months of the 

original permit issuance date. Landowners must obtain a new permit to re-commence 

work. 

5.03.7 Appeals. An appeals process is provided in Section 5.08. 



5.04 Conditional Use Permits 

5.04.1 Intent. A Conditional Use Permits (CUP) is required prior to operation of a use that 

is not a principal use, but allowed conditionally under these Regulations. 

5.04.2 Requirements. Structures or land within the District may not be used for any purpose 

unless such use is specifically listed as a principal use or conditional use in these 

Regulations. The County Commission may grant a conditional use when they find 

that: 

1. The use conforms to the objectives of the Gallatin County Growth Policy and the 

intent of these Regulations. 

2. The use will not adversely affect nearby properties or their occupants. 

3. The use meets density, and all other regulations of the District in which it is 

located, unless otherwise provided in these Regulations. 

4. A public hearing, after notice has been given, has been held. 

5.04.3 Conditional Approval. The County Commission may make the granting of a CUP 

subject to reasonable limitations or conditions as it may deem necessary to enhance 

the appearance of the property, to reduce any adverse effects on nearby property or 

residences, to preserve the character of the area or to make it more acceptable in other 

ways. The conditions may include but not be limited to the following: 

a. Landscaping and its maintenance. 

b. Regulation of height. 

c. Regulation of lighting. 

d. Regulation of odors, smoke, dust, airborne particles, vibration, glare, heat and 

noise. 

e. Regulation of placement of uses on the property. 

f. Regulation of signs. 

g. Regulation of the length of time such use may be permitted. 

h. Regulation of the nature and extent of the use. 

i. Regulation of time of activities that have off-site impacts. 

j. Regulation of vehicular ingress and egress. 

k. Requirement for dedication or improvements of rights-of-way. 

l. Requirements for restoration of property. 

m. Special setbacks, yards, open spaces, buffers, fences and walls. 

n. Appropriate fire mitigation. 

o. All public occupancy structures shall demonstrate compliance with applicable 

state and local fire, safety, and occupancy codes. 

p. Time schedule of proposed development. 

q. Impacts of increased traffic. 



5.04.4 Procedure. All CUP applications shall be submitted to the Planning Department on 

the required form with the accompanying fee. A hearing on the matter is scheduled 

before the County Commission and they shall either approve or deny the application 

based on the facts. The County Commission may impose reasonable conditions, as it 

may deem necessary to mitigate project impacts. Use cannot commence until all 

conditions have been met. 

5.04.5 Notice. Notice of the public hearing shall be published at least once fifteen (15) days 

prior to the hearing in a newspaper of general circulation. Adjacent property owners 

shall be noticed by certified mail. 

5.04.6 Issuance of Land Use Permits. No land use permit shall be issued other than in 

accordance with the conditions and terms of the conditional use permit. No land use 

permit shall be issued until time for appeal on a conditional use permit has elapsed, or 

if an appeal has been filed, the appeal has been decided. 

5.04.7 Revocation or Modification. The County Commission may revoke or modify a CUP 

under the following circumstances (under the procedure described above): 

1. If circumstances have changed substantially since original approval. 

2. Revocation or modification is necessary to protect the health, safety, or welfare of 

the area, or is necessary to preserve the integrity of existing use patterns in the 

area. 

3. The person holding the permit has not complied with the required conditions, or 

has not materially changed their position by detrimentally relying on said permit. 

5.04.8 Expiration/ Extensions. The County Commission may issue a CUP for a definite 

term. Extensions can be obtained through written application made thirty (30) days 

prior to expiration, with accompanying fee, and notification sent to adjacent property 

owners. An extension shall be granted if no objection is received. A public hearing 

will be held if objection is received. 



5.05 Natural Resources Conditional Use Permit 

5.05.1 Natural Resources Conditional Use Permit (CUP) Requirements. In addition to any 

applicable requirements in Section 5.04, any natural resource development or mining 

(such as exploration, development, and recovery operations relating to oil and gas, 

coal bed methane production including test wells, production wells, compressor 

stations, etc.; commercial quarries; surface and underground mining; and commercial 

logging or timber harvest) shall require review under the Natural Resources CUP 

process described in these Regulations. The County Commission may grant such 

permit only if it is found that: 

a. The use conforms to the objectives of the Gallatin County Growth Policy and the 

intent of these Regulations. 

b. The use will not adversely affect nearby properties, residents, groundwater, 

streams and wetlands. 

c. That non-renewable resource exploration and development occurs in a responsible 

manner. 

d. The use contributes and guarantees payment of an appropriate share of the costs 

for public services and facilities. 

e. That adequate financial security, as determined by the Gallatin County Attorney, 

has been provided to mitigate any such adverse effect. 

f. The use meets density, coverage, yard, height, and all other regulations of the 

District in which it is located, unless otherwise provided in these Regulations. 

g. The use meets all other applicable federal, sate, and local regulations. 

h. A public hearing, after notice has been given, has been held. 

5.05.2 Preliminary Application. Applicant shall submit a preliminary application, 

accompanied by the appropriate fee, to the Planning Department, including all 

required components as follows: 

1. Twelve (12) copies of a completed conditional use permit application form and an 

Initial Development Plan, prepared by the applicant or applicant’s agent. Said 

plan, which shall be the preparatory basis for the Environmental Impact Study, 

shall address all of the following: 

a. Cover letter describing project and submittal material. 

b. Copy of all associated mineral leases. 

c. Copy of all applicable orders from the Montana Board of Oil and Gas 

Conservation, and with associated stipulations. 

d. Name and location of all water wells, springs, and surface water within a 

one-and-half mile radius of proposed site. 

e. Detailed site inventory map and site development plan (1” = 50’), to 

include all existing and proposed structures, well pad location(s), rightsof-way, 

fencing, lighting, pipelines, pertinent surface features, areas of 

wildlife and wildlife habitat, and all development and mitigation measures 

associated with the application. Applicant shall submit color photos of 

well location and of area from proposed well to north, south, east, and 



west. 

f. Complete written description of project including but not limited to: 

proposed hours of operation; duration of project; operation of project, 

including staffing schedule(s) and estimated trips per day; traffic study 

and/ or other information as required by the Gallatin County Road and 

Bridge Superintendent; fire and disaster mitigation plan(s); etc. 

g. An approved Noxious Weed Control and Revegetation Plan through the 

Gallatin County Weed Control District. 

h. Plans for reclamation of all disturbances associated with the project(s). 

i. Any additional information as deemed necessary by the Planning 

Department during the Planning Department’s initial review. 

2. Name and address of all property owners within one-and-a-half mile radius of 

proposed project, including postage for certified mailto each address. 

5.05.3 Final Application. Applicant shall submit a Final Application to the Planning 

Department, accompanied by applicable fee. The Final Application shall include a 

completed conditional use permit application, a Final Development Plan, an 

Environmental Impact Statement (EIS), conducted by a third-party Montana State 

licensed professional engineer (PE) qualified to evaluate the project’s impacts, at the 

applicant’s expense; and all Performance Bonds and other securities and fees as 

indicated below. 

1. Applicant shall provide the Final Development Plan based on information 

provided in the EIS. The Final Development Plan shall: 

a. Provide evidence of the fee simple surface owner’s consent. 

b. Document plans to protect property values of surrounding properties. 

c. Document plans for fire protection and emergency response. 

d. Document adequate water quantity for the project. 

e. Demonstrate plans for protecting surface and ground water quality. 

f. Demonstrate plans for conservation of important fish, wildlife and plant 

habitat. 

g. Demonstrate plans for compliance with local, state and federal air quality 

regulations and/ or standards. 

h. Demonstrate plans for landscaping and its long-term maintenance so as to 

limit soil erosion and be in compliance with all local, state and federal soil 

management and conservation regulations and/ or standards. 

i. Demonstrate plans to comply with all applicable weed control regulations. 

j. Include a schedule of phased-in development to diffuse impacts over time. 

k. Demonstrate plans for compliance with MCA §85-2-205 and MCA §82-11- 

175, and any other applicable local, state and federal laws regarding disposal 

of all ground water involved with the project. 

l. Demonstrate plans for sufficient reclamation for any and all disturbances 

associated with the project(s). 



2. The EIS shall include: 

a. Appraisal of current property values for all properties within one-and-a-half 

miles of the boundaries of the proposal. 

b. An analysis of effects of proposed development on fire and emergency response 

systems. 

c. Thorough collection of fish, wildlife and plant inventories within the proposal’s 

boundaries. 

d. Collection of baseline data of existing surface and ground water quality and 

quantity. 

e. Collection of baseline data of existing air quality. 

f. Collection of baseline data of existing noise levels. 

g. An analysis by a qualified person or entity of the Final Development Plan’s 

specific measures to protect and conserve: 

(1) property values; 

(2) water quality and quantity; 

(3) agricultural and conservation usage; 

(4) plant and wildlife habitat; 

(5) air quality; and 

(6) noise levels. 

h. A monitoring schedule for effective third party monitoring, on at least a monthly 

basis, by a State of Montana licensed and bonded environmental engineer, of all 

development, as stated in the submitted Final Development Plan. The County 

Commission shall approve the monitoring schedule. The licensed and bonded, 

environmental engineer third party monitor shall be agreed upon by the County 

Commission and the applicant. The Monitoring Schedule shall contain al the 

requirements listed in Section 5.05.4. 

5.05.4 Monitoring Schedule. The Monitoring Schedule must provide a mechanism for 

prompt notification to any and all local, state, and federal agencies involved in any 

permit or certification required for the proposal. The purpose of such notification is 

to ensure adequate enforcement of existing local, state, and federal laws and 

regulations to protect private property and other rights of Montana citizens and 

Montana’s natural resources. The Monitoring Schedule shall require the applicant 

prepare and submit to the Planning Department a Monthly Monitoring Report. 

1. The Monthly Monitoring Report shall include a description of all data collected 

during the period, as well as data trends collected over time, detailed descriptions 

of any and all spills, leaks, contaminations, regardless of whether the spill, leak, 

or contamination is a violation of local, state, or federal laws or regulations. The 

Monthly Monitoring Report shall also include a detailed description of any 

violation of local, state, or federal laws or regulations and any corrective action 

taken. The Monthly Monitoring Report shall be a requirement of conditional 

approval and the failure to supply Monthly Monitoring Report(s) may be grounds 

for revocation of a Natural Resources CUP. 



5.05.5 Conditional Approval. Final Application for a Natural Resources CUP may be 

approved, conditionally approved or denied by the County Commission. If a Final 

Application is denied, the denial shall constitute a finding that the applicant has failed 

to sufficiently demonstrate that the conditions required for approval do exist. 

The County Commission shall make the granting of the Natural Resources CUP 

subject to reasonable limitations or conditions as it may deem necessary to protect the 

health, safety and welfare of the citizens of the County and District; to mitigate or 

avoid any and all adverse impacts on nearby property, residents, groundwater, 

streams and wetlands; to ensure that resource exploration and development occurs in 

a responsible manner and contributes and guarantees payment of an appropriate share 

of the costs for public services and facilities; and to make the proposed Natural 

Resource conditional use more compatible and consistent with the Reese Creek 

Zoning Regulations and the Gallatin County Growth Policy. Said conditions may 

include but not be limited to the following: 

a. Specific requirements for vehicular ingress and egress. 

b. Specific requirements of hours of operation. 

c. Specific requirements for the discharge of groundwater and surface water. 

d. A fee for discharged effluent, based upon one and one-half times the total estimated 

or actual costs of all environmental cleanup or mitigation performed by or for any 

public agency, in order to achieve compliance with these Regulations. 

e. Specific requirements for control of odors, smoke, dust, airborne particles, vibration, 

glare and noise emissions from point and non-point sources. 

f. Specific requirements for placement and height of structures required for the 

conditional use on the subject property. 

g. Specific requirements for dedication, improvements and/ or maintenance of rightsof-way. 

h. Limitation of length of time or term such conditional use may be permitted. 

i. Conditions for the approval may include changes to the Development Plan based 

upon information and data from the ElS and the public hearing(s) and the written 

comments from the public, so as to improve environmental and property protection. 

j. The County Commission shall impose conditions requiring the applicant to use best 

available low-impact technologies, such as aquifer recharge, clustered development, 

directional drilling, mufflers for compressor stations, discharge water desalination, 

infiltration or treatment, etc., to minimize impacts on underground water reserves, 

rivers and streams, and surface resources. 

k. The County Commission shall impose conditions requiring the applicant to 

guarantee complete reclamation of all disturbed areas. This guarantee shall be 

accomplished by requiring, in addition to the Monitoring Performance Bond, supra, 

an applicant for any mineral, oil and gas exploration or extraction, along with all 

contactors and subcontractors to post separate site-specific performance bonds for 

each tract of property affected by the proposed Natural Resources CUP. Said 

performance bonds shall be approved by the Gallatin County Attorney, payable to 

Gallatin County, and shall be equal to or greater than the current value of the 

property plus the potential cleanup cost of any resultant air, land or water pollution 

or degradation, as estimated by the required Development Plan and Environmental 



Impact Study. Failure to maintain adequate performance bonding shall be cause for 

revocation of the Natural Resources CUP. 

5.05.5 Expiration/ Extension. The County Commission may issue a Natural Resources CUP 

for a definite term. Extensions can be obtained through written application with 

accompanying fee made at least thirty (30) days prior to expiration. A public hearing 

will be held and adjacent property owners will be notified by certified mail. Notice of 

the public hearing shall be published at least fifteen (15) days prior to the hearing in a 

newspaper of general circulation. 



5.06 Variances 

5.06.1 Intent. It is the intent of this section to provide a process for relief from the occasional 

inequities created by the physical standards of these Regulations when such standards 

create a substantially unequal burden on a particular parcel of land in a fashion that 

would otherwise prevent the reasonable use of the property owing to physical 

circumstances unique to that parcel. In addition, the intent of this section is to 

prohibit the granting of variances that would be contrary to the public interest and 

endanger public health, safety and welfare. No variance shall be granted to allow the 

use or development of property for a purpose not authorized within the zone in which 

the proposed development would be located. 

5.06.2 Criteria. In granting a variance, the Board of Adjustment (BOA) shall issue findings 

setting forth factual evidence that the variance: 

1. Will observe the intent and purpose of these Regulations, including the Gallatin 

County Growth Policy, and do substantial justice. 

2. Will not be injurious to the public health, safety, and general welfare. 

3. Will not be contrary to and will serve the public interest. 

4. Is necessary, owing to conditions unique to the property, to avoid unnecessary 

hardship which would unavoidably result from the enforcement of the literal 

meaning of these Regulations: 

a. Hardship does not include difficulties arising from actions, or otherwise be 

self-imposed, by the applicant or previous predecessors in interest, or potential 

for greater financial returns; and 

b. Conditions unique to the property may include slope, presence of 

watercourses, after-the-fact imposition of additional regulations on previously 

lawful parcels, and governmental actions outside of the owner’s control. 

5. Is the minimum relief necessary to provide reasonable use of the property. 

5.06.3 Procedure. All variance applications shall be submitted to the Planning Department 

on the required form with the accompanying fee. A hearing on the matter is 

scheduled before the BOA, and the BOA shall either approve or deny the application 

based on the facts. The BOA may impose reasonable conditions, as it may deem 

necessary to mitigate project impacts. The concurring vote of three members of the 

BOA shall be necessary to decide in favor, wholly or partly, of any variance from 

these Regulations. 

5.06.4 Notice. Notice of the public hearing shall be published at least once fifteen (15) days 

prior to the hearing in a newspaper of general circulation. Adjacent property owners 

shall be noticed by certified mail. 



5.07 Amendments 

5.07.1 Intent. These Regulations and the boundaries of the zoning map may be amended or 

revised whenever the public health, safety and general welfare requires such 

amendment. Amendments shall follow the procedure prescribed by MCA §76-2-201 

et seq.), and these Regulations. 

5.07.2 Procedure. An amendment may be initiated by submittal of one of the following to 

the Planning Department: 

1. The petition of (1) or more landowners in the District. The petition shall be filed 

on the required application and accompanied by the required fee; or 

2. Resolution of intention of the County Commission; or 

3. Resolution of intention of the Planning Board. 

5.07.3 Planning Board. The Planning Board shall make recommendations on the revision of 

boundaries and the amendment of these Regulations to the County Commission. 

5.07.4 Hearing. The County Commission shall consider all proposed amendments at a public 

hearing. The County Commission may adopt the amendment in accordance with the 

procedure prescribed by MCA §76-2-205. 

5.07.5 Notice. Notice of the public hearing shall be published in a newspaper of general 

circulation pursuant to MCA §76-2-205. 



5.08 Appeals Process 

5.08.1 Intent. To provide legal remedy processes for those aggrieved by decisions made in 

compliance of these Regulations. 

5.08.2 Appeals to the Board of Adjustment (BOA). Pursuant to MCA §76-2-227, those 

aggrieved by Zoning Enforcement Agent’s and/ or Code Compliance Specialist’s 

decisions may submit written appeals specifying grounds thereof to the BOA. Appeals 

must be filed within thirty (30) days of the Zoning Enforcement Agent’s and/ or Code 

Compliance Specialist’s written decision, and be accompanied by the appropriate fee. 

An appeal stays all proceedings in furtherance of the action appealed from unless the 

Zoning Enforcement Agent and/ or Code Compliance Specialist determines that a 

stay could cause imminent peril to life or property. 

Upon receipt of a written appeal, a public hearing shall be scheduled before the BOA 

for its next available meeting date. Notice of the hearing shall be published once in a 

newspaper of general circulation at least twenty-five (25) days prior to the public 

hearing. The BOA will accept testimony at the hearing from persons interested in the 

appeal, the appellant and/ or their attorney, and the Zoning Enforcement Agent and/ 

or Code Compliance Specialist. 

5.08.3 Process and Notice. Upon receipt of the written appeal, a public hearing shall be 

scheduled before the BOA for its next available meeting date. Notice of the public 

hearing shall be published once in a newspaper of general circulation at least fifteen (15) 

days prior to the hearing. The BOA shall accept testimony at the hearing from persons 

interested in the appeal, the appellant and/ or their attorney, and the Zoning Enforcement 

Agent and/ or Code Compliance Specialist. 

5.08.4 Board of Adjustment Appeals to District Court. Pursuant to MCA §76-2-227, those 

aggrieved by the BOA’s decisions may present to the Eighteenth Judicial District Court 

a petition, dully verified, setting forth that such decision is illegal, in whole or in part, 

and specifying the grounds of the illegality. Such petition shall be presented to the court 

within thirty (30) days after filing the BOA’s minutes or decision in the Planning 

Department. 

5.08.5 Board of County Commission Appeals to District Court. Those aggrieved by a 

decision made by the County Commission may present to the Eighteenth Judicial 

District Court a petition, duly verified, setting forth that such decision is illegal, in whole 

or in part, and specifying the grounds of the illegality. Such petition shall be presented 

to the court within thirty (30) days of a decision made by a County Commission at a 

public hearing. 



5.09 Complaints and Enforcement 

5.09.1 Intent. It is the duty of the Planning Board, the County Commission, its officers, agents 

and employees to enforce the provisions of these Regulations. 

5.09.2 Complaints. Any person may file a signed, written complaint with the Zoning 

Enforcement Agent and/ or Code Compliance Specialist addressing a violation of 

these Regulations. The complaint shall fully describe the facts supporting the 

complaint. 

Upon receipt of a written, signed complaint, the Zoning Enforcement Agent and/ or the 

Code Compliance Specialist shall record and investigate the complaint, and determine if 

a violation exists. If the Zoning Enforcement Agent and/ or Code Compliance Specialist 

determine a violation exists, then they shall take the appropriate action to resolve the 

violation. The name of the person filing the complaint shall remain confidential until the 

violation is resolved and/ or there is a public hearing on the matter. 

5.09.3 Investigations. When investigating an alleged violation, the Zoning Enforcement 

Agent and/ or Code Compliance Specialist shall review these Regulations and other 

applicable public information regarding the alleged violation. The Zoning 

Enforcement Agent and/ or Code Compliance Specialist may perform an inspection 

of the alleged violation from a public road or from a neighboring property where 

permission has been granted for access. The Zoning Enforcement Agent and/ or 

Code Compliance Specialist may also notify the alleged violator and request access 

for an inspection. If access is denied, the investigator may seek an administrative 

warrant. Permission for access is assumed in the event an alleged violator has a 

pending permit application on file with the Planning Department. The investigator 

shall document the inspection with written notes and/ or photographs as appropriate. 

5.09.4 Administrative Remedies. Pursuant to MCA §76-2-210, and with reasonable cause, 

and in addition to those remedies provided by law, the Zoning Enforcement Agent 

and/ or Code Compliance Specialist may revoke any land use permit, issue cease and 

desist orders requiring cessation of any building, moving, alteration or use which is in 

violation of these Regulations, and/ or require mitigation and/ or corrective action, 

which may include dismantling or removal of non-compliant structures, to remedy the 

violation. 

5.09.5 Administrative Fine. In addition to the above, and upon a recommendation from the 

Zoning Enforcement Agent and/ or Code Compliance Specialist, the County 

Commission may after a public meeting, dully notice, assess violators fines of up to 

$500 per violation for noncompliance. Each day of violation may be considered a 

separate offense. When determining the amount and duration of the fine, the County 

Commission shall consider the nature, circumstances, extent and gravity of the 

violation, any prior history of such violations, the degree of culpability, and such 

other matters as justice may require. In addition, the violator may be required to pay 



administrative costs associated with the investigation. If the fine in not paid, it shall 

become a lien upon the property. 

5.09.6 Criminal Penalty. Pursuant to MCA §76-2-211, a violation of these Regulations, a 

permit issued under these Regulations, any condition imposed through the authority 

of these Regulations, or any variance granted through these Regulations shall 

constitute a misdemeanor. A violator may be imposed a fine up to a maximum of 

$500 per violation, or imprisoned in the county jail for a term not to exceed six (6) 

months or both. 

5.09.7 Injunction. After the exhaustion of administrative remedies, the County Attorney, in 

conjunction with the Zoning Enforcement Agent and/ or Code Compliance Specialist, 

may bring an action in the name of the County of Gallatin in the District Court to 

enjoin any violations of these Regulations. 

The owner or tenant of any building, structure, premises, or part thereof and any 

architect, builder, contractor, agent or other person/ entity who commits, participates 

in, assists or maintains such violation may be held accountable for a separate 

violation. 

5.09.8 Remedies, Cumulative. The remedies provided for herein shall be cumulative and not 

exclusive. 



6.00 DEFINITIONS 

6.01 Definitions and Glossary 

6.01.1 Intent. For the purposes of these Regulations certain words and terms used herein as 

defined. All words used in these Regulations shall be first defined as provided herein, 

and, if not defined herein, shall be defined in the Gallatin County Growth Policy and, if 

not defined therein, shall have their customary dictionary definitions. 

6.01.2 The Rules of Interpretation. The following rules of interpretation and definitions apply 

to the definitions for the Reese Creek Zoning District. The Rules of Interpretation 

include: (1) the present tense includes the future tense; and (2) all words in the plural 

number include the singular number unless the natural construction of the wording 

indicates otherwise; and (3) the word shall is always mandatory; and (4) the word 

person includes a firm, association, organization, partnership, trust, company or 

corporation as well as individual or individuals; and (5) the word used as applied to any 

land or structures, shall be construed to include the words intended, arranged, or 

designed to be used, or occupied. 

-A- 

Accessory Use. A subordinate use of land which is customarily incidental to the principal use 

of the land. 

Acre. A measure of land area containing 43,560 square feet. 

Agriculture. The use of the land for grazing and cropping to produce food, feed, and fiber 

commodities. Examples may include: cultivation and tillage of the soil; dairying and 

animal husbandry; growing and harvesting of agricultural and horticultural 

commodities; and the raising of livestock, bees or poultry. Not including any agriculture 

industry or business such as game farms, fur farms, animal hospitals, commercial dog 

kennels, horse stables, riding arenas, and animal feeding operations or similar uses. 

Agricultural Water User Facility. Facilities which include but are not limited to ditches, pipes, 

and other water conveying facilities, which provide water for irrigation and stock 

watering on agricultural lands. 

Agricultural Lands. Bona fide agricultural lands are those classified and assessed at a value that 

is exclusive of values attributed to urban influences or speculative purposes, MCA §15- 

7-201; and is land that is not devoted to a residential, commercial, or industrial use, 

MCA §15-7-202. 

Agricultural Structures, Exempt. All agricultural structures used exclusively for agricultural 

purposes on qualified agricultural lands. 



Aliquot. An equal division of a government section in quarters as described by the Manual for 

Survey of the Public Lands of the United States. 

Alteration. Change or rearrangement of the structural parts of existing facilities, or enlargement 

by extending the sides or increasing height or depth, or moving from one location to 

another. 

Apartment. A habitable room or suite of two or more habitable rooms meeting the requirements 

of the International Building Code, located in an apartment building or used for 

residential purposes. Efficiency units and studios qualify as an apartment. 

Approved Subdivision. A subdivision of land, which has received approval from MDEQ and 

has a Release of Sanitary Restriction (RSR) or Certificate of Subdivision Approval 

Statement filed in the Covenants and Restriction. 

Artist Studio, Individual. The use of premises by an artist, artisan, craftsperson engaged in the 

application, teaching, or performance of fine arts such as but not limited to dance, vocal 

or instrumental music, creative writing, painting, drawing, pottery, sculpture, video, still 

photography, foundry, welding, etc., including the sale of art produced on the premises. 

Automobile Gas Station. Any building, structure, or area of land used for retail sale of 

automobile fuels, oils, and accessories. May include sale of propane or kerosene as 

accessory uses. 

Automobile Repair, Minor. As a home-based business for the replacement of any part or repair 

of any vehicle; incidental body and fender work, minor painting and upholstering 

service to motorcycles, snowmobiles, and passenger automobiles and trucks not in 

excess of 7000 pounds gross weight. 

-B- 

Base Flood. A flood having a one percent chance of being equaled or exceeded in any given 

year. A base flood is the same as a 100-year flood. 

Base Flood Elevation. The elevation above sea level of the base flood in relation to National 

Geodetic Vertical Datum of 1929 unless otherwise specified in the flood hazard study. 

Basement. A portion of a structure located partially underground and having more than half its 

floor-to-ceiling height below the average grade of the adjoining ground. 

Bed and Breakfast Inn. A dwelling unit serving guests on a nightly basis, used as the primary 

residence of the owner; and serving meals to overnight guests only. 



Bedroom. Any room used for sleeping, with a closet, a door and an ingress/ egress window in 

conformance with the International Building Code (IBC). An unfinished basement shall 

be considered as an additional bedroom. 

Berm. A mound of earth used to shield, screen, and buffer undesirable views and to separate 

incompatible land uses. 

Board of Adjustment. A five-member board appointed by the County Commission to hear and 

decide variances and to hear administrate decision appeals within a zoning district 

created pursuant to MCA §76-3-201. 

Building Envelope. The three-dimensional volume on a lot lying between the front, side and 

rear yard setback lines and between ground level and the maximum allowable building 

height, constitutes the area available for potential building construction. 

Building Height. The vertical distance measured from the lowest point of elevation of the 

finished surface of the ground (including window wells, stairwells, or other similar 

features; excluding features such as usable patio areas) to the highest point on the roof 

or parapet wall. Where a building utilizes multiple roof styles or pitches, the highest 

point of each type of roof or parapet wall shall be in conformance with applicable 

height regulations as established for the respective roof pitches in each zoning 

district. Where the vertical difference between grade as defined in this section is 

greater than two feet between opposite elevations of the building, the height of the 

building may be increased by one foot for every one foot in grade difference up to a 

maximum of six additional feet. 

Business or Commerce. Engaging in the purchase, sale, barter or exchange of goods, wares, 

merchandise or services; the maintenance or operation of offices or recreational or 

amusement enterprises. 

-C- 

Caretaker. A person who is employed (compensation may be in the form of free housing) to 

watch over and perform routine maintenance of a ranch, home, or business. 

Caretaker’s Residence. Dwelling unit for the family of a person who takes care of the property 

of an owner who may be absent. Caretaker residences may be located within a singlefamily 

dwelling unit, above a garage, within or above an accessory building, or as a 

separate living unit on a parcel with an existing dwelling unit. 

Campground. Land which is used or intended to be used, let, or rented for temporary 

occupancy by campers traveling by automobile or otherwise, or for occupancy by tents 

or similar quarters. 



Certificate of Occupancy (C of O). A document issued by the Zoning Enforcement Agent 

allowing the occupancy or use of a building in compliance with all applicable zoning 

regulations. 

Certificate of Survey (COS). A drawing of a field survey prepared by a registered surveyor for 

the purpose of disclosing facts pertaining to boundary locations. 

Certificate of Occupancy. A certificate issued by the Zoning Enforcement Agent, which 

certifies that a structure is in accordance with the applicable zoning regulations and 

permits occupancy. 

Church. See Worship. 

Cluster Development. A development design technique that concentrates buildings on a part of 

the site to allow the remaining land to be used for recreation, common open spaces 

and/or preservation of environmentally sensitive features. 

Code Compliance Specialist. The duly authorized agent appointed by the County Commission, 

pursuant to MCA §7-2-210, who in conjunction with the Zoning Enforcement Agent 

ensures compliance with the provisions of these Regulations. 

Commission, Gallatin County. The elected Board of County Commissioners for Gallatin 

County, Montana and the governing body of Gallatin County planning and zoning. 

Community Character. The image of a community or area as defined by such factors as its built 

environment, natural features, open space elements, type of housing, architectural style, 

infrastructure, and the type and quality of public facilities and services. 

Compatible Land Uses. The characteristics of different uses, activities or by design which allow 

them to be located or adjacent to each other in harmony and without conflict. 

Compatibility allows development that maintains the character of existing development 

or land uses. 

Comprehensive Plan. A general plan which includes any document or portion of any document 

duly adopted by the governing body which is intended to guide growth and development 

in an area. The terms general plan, master plan, and comprehensive plan are 

interchangeable. (See Gallatin County Growth Policy). 

Conditional Use. A use which is allowed conditionally within a district granted it meets 

specified design standards and certain criteria. 

Conforming Use. Any use allowed by the regulations as a permitted use or conditional use. 

Conservation Easement. Property owner’s voluntary conveyance of a property right or partial 

legal interest in land to a unit of government or qualified private organization stipulating 



that the described land shall remain in perpetuity, or for a minimum 15-year term (MCA 

§76-6-202), in its natural and open state, precluding future or additional development 

subject to the terms of the agreement. 

Convenience Store. Any retail establishment offering for sale a limited line of groceries and 

household items intended for the convenience of the neighborhood. May include the 

sale of fuel and gasoline. 

Corral. A pen or enclosure for confining or capturing livestock. 

Covenant. A recorded agreement stating certain activities and/ or practices that are required or 

prohibited. Subdivision covenants are not enforced by the Gallatin County Planning 

department. 

Cut and Fill. The excavating of material in one place and depositing of it as fill in an adjacent 

place. 

-D- 

Day Care Center. A place in which supplemental care is provided for 13 or more nonresident 

persons on a regular basis and which is licensed by the State of Montana. 

Day Care Home, Family. A private residence in which supplemental care is provided to three to 

six nonresident persons (child or adult) from separate families on a regular basis and 

which is registered by the State of Montana. 

Dedication. The deliberate appropriation of land by an owner for any general and public use, 

reserving to the landowner no rights that are incompatible with the full exercise and 

enjoyment of the use to which the property has been devoted. 

Deed. A legal document conveying ownership of real property. 

Defensible Space. A designated area around a home or other structure the size of which is 

dependent on the vegetation, proximity of tree crowns, slope and distance to adjacent 

buildings. Within this area all weeds, dry grass, slash, flammable debris and 

flammable fuel is removed. This managed buffer surrounding buildings and 

structures, is designed to reduce the chances of a fire spreading to or from the 

buildings or structures. 

Density. The amount of residential development permitted on a given parcel of land. 

Density, Base. The maximum number of dwelling units permitted outright by a particular landuse 

classification. 



Density, Bonus. The granting of the allowance of additional density in a development in 

exchange for the provision by the developer of other desirable amentias from a public 

perspective such as open space. 

Density, Gross. A calculation that divides the total residential units by the total area to be 

developed, excluding nothing. 

Density, Net. A calculation that divides the total residential units by the total residential area to 

be developed (which is the total area to be developed excluding certain areas such as 

roads, easements, water area, lands with environmental constraints, and other uses). 

Developer. Any person, firm, or corporation, or any other entity involved in the physical 

development of any land. 

Development. Any manmade change to improve or alter real estate, including but not limited to 

subdivision of land, buildings, or other structures, mining, dredging, filling, grading, 

paving, excavating or drilling operations. 

Development Regulation. Any zoning, subdivision, site plan, official map, floodplain 

regulation, or other government regulation that affects the use and intensity of land 

development. 

Development Right. The right to develop property in accordance with applicable regulations. 

District. A part, zone, or geographical area within the county within which certain zoning or 

development regulations apply. 

District, Neighborhood Business. A small commercial area within a zoning district that 

provides limited retail goods and services for the nearby residential customers. 

Division of Land. The segregation of one or more parcels of land from a larger tract held in 

single or undivided ownership by transferring or contracting to transfer title to or 

possession of a portion of the tract or property by filing a certificate of survey or 

subdivision plat establishing the identity of the segregated parcels pursuant to MCA 

§76-3-101. The conveyance of a tract of record or an entire parcel of land that was 

created by a previous division of land is not a division of land. 

Drainage. A general term applied to the removal of surface or subsurface water from a given 

area either by gravity or by pumping. 

Drainage System. The surface and subsurface system for the removal of water from the land, 

including both the natural elements of streams, marshes, swales, and ponds, whether of 



an intermittent or continuous nature, and the manufactured elements which includes 

culverts, ditches, channels, retention facilities, and the stormwater sewer system. 

Dwelling. A structure or portion thereof providing permanent cooking, eating, sleeping and 

living facilities exclusively for human habitation. 

Dwelling, Accessory. A dwelling, subordinate to the principal dwelling, and which may be 

attached or detached from the principal dwelling, that provides separate and a complete 

living facilities which may further defined as a caretaker’s residence, agricultural 

employee housing, guest house, or efficiency apartment. 

Dwelling, Attached. A one-family dwelling attached to two or more one-family dwellings by 

common vertical walls. 

Dwelling, Detached. A dwelling that is not attached to any other dwelling by any means. 

Dwelling, Multi-Family. A structure or portion thereof used for occupancy by two or more 

families living independently of each other in two or more dwelling units. 

Dwelling, Single-Family. A residential building or portion thereof intended for occupancy by 

one or more persons with complete, permanent and independent living facilities for 

living, sleeping, cooking, and eating; may be referred to as the principal dwelling. 

-E- 

Easement. A grant of one or more of the property rights by the property owner to and/ or for 

use by the public, a corporation, or other person or entity. 

Egress. An exit. 

Elevation. (1) A vertical distance above or below a fixed reference level; (2) a fully 

dimensioned drawing of the front, rear, or side of a building showing features such as 

windows, doors, and relationship of grade to floor level. 

Employee Housing. (1) An accessory dwelling subordinate to the principal dwelling, restricted 

by covenant for use by persons and their families employed onsite for full-time 

agricultural employment; (2) A designated use to house employees within the zoning 

district where the unit it located. 

Encroachment. Any obstruction or illegal or unauthorized intrusion in a delineated floodplain, 

floodway, right-of-way, or on adjacent land. 

Enlargement. An increase in the size of an existing structure or use, including physical size of 

the property, structure, parking, and other improvements. 



Environmental Assessment. A statement of the effect of proposed development, and other 

major private or governmental actions, on the environment. 

Equestrian Facility, Commercial: Commercial facilities that may include barns, stables, 

arenas, corrals, and paddocks for equine (horse, donkey, and mule) operations 

including: horse ranches, boarding stables, riding schools, equine exhibition facilities 

and arenas accessory to the facility uses. 

Equestrian Facility, Personal: The use of structures and/ or land to keep equine (horse, 

donkey, and mule) primarily for breeding and boarding and which operation is an 

incidental use of the land and/ or structures. Does not include riding arenas where 

events open to the public are staged. 

Erosion. The process by which the soil and rock components of the earth’s crust are worn away 

and removed from one place to another by natural forces such as water, wind, ice and 

gravity. 

Essential Services (Type I). Water pumping stations; stormwater drainage facilities (including 

collection lines, retention/ detention ponds and drainage ways); sanitary sewer and 

stormwater sewer lift stations; public domestic water storage facilities; water fill stations 

for fire fighting equipment; local service telephone lines and cables; local electrical 

distribution lines and cables; local service cable television lines; local service electronic 

data transmission lines and cables; water and sanitary sewer distribution and collection 

lines; public and amateur radio antennae and towers. 

Essential Services (Type II). Pipelines to transport gas, oil and coal (interstate and intrastate); 

electric substations; electrical transmission lines (interstate and intrastate); public 

facilities (electric and gas); public treatment facilities (water, sanitary sewer and 

stormwater sewer); telephone satellite community dial offices; telephone exchanges and 

repeater stations, except those facilities which may be considered wireless facilities; 

other accessory facilities, equipment and structures; and police and fire stations. 

Excavation, Personal. The process of altering natural (grade) elevation by any activity by which 

natural materials are cut, dug, quarried, uncovered, or relocated for personal use on site. 

Does not include ordinary gardening, ground care, or agricultural purposes. 

Existing Use. The use of a lot or structure at the time of the adoption of a zoning regulation. 

-F- 

Family. See Household. 

Farm Produce Stand. A temporary structure on the premises for the sale of locally grown 

produce. 



Feed Lot. An animal enclosure where the land is not grazed or cropped annually, either a 

secondary or an accessory use to an agricultural operation or a primary use as in 

commercial feed lot. 

Fence. An artificially constructed barrier of any material or combination of materials erected to 

enclose, screen, or separate areas. 

FEMA. Federal Emergency Management Agency. 

Final Plat. The final drawing of a subdivision and dedication required by the Montana 

Subdivision and Platting Act to be prepared for filing with the Clerk and Recorder, and 

containing all elements and requirements set forth by the local governing body and the 

Montana Subdivision and Platting Act. 

Flood, 100 Year. A flood having a one-percent chance of being equaled or exceeded in any 

given year. A 100-year flood is the same as a base flood. 

Flood, 500 Year. A flood having a 0.2-percent chance of being equaled or exceeded in any 

given year. 

Flood Insurance Rate Map. The map on which FEMA has delineated both the special hazard 

areas and the risk premium zones. 

Flood Insurance Study. An examination, evaluation and determination of flood hazards and, if 

appropriate, corresponding water surface elevations, or an examination, evaluation and 

determination of mudslide (i.e., mudflow) and or flood-related erosion hazards. 

Floodplain, Regulatory. Areas subject to regulation, generally adjoining a stream, which would 

be covered by floodwater of a base flood except for designated shallow flooding areas 

that receive less than one foot of water per occurrence. The floodplain consists of a 

floodway and floodway fringe. 

Floodplain Regulation, Gallatin County. Regulations adopted in accordance with exercising the 

authority of the laws of the State of Montana to promote the public health, safety and 

general welfare; to minimize flood losses in the areas subject to flood hazards; to 

promote wise use of the floodplain; and to guide development of floodplain areas of the 

County outside the incorporated areas. 

Floodplain Maps, Official. The Flood Insurance Rate Maps and Flood Boundary Floodway 

Maps provided by FEMA (dated July 15, 1988 for incorporated areas and August 1, 

1984 for unincorporated) and incorporating and approved updates and revisions. 



Floodway. The channel of a stream and the adjacent overbank areas that must be reserved in 

order to discharge a base flood without cumulatively increasing the water surface 

elevation more than one-half foot. 

Floodway Fringe. The portion of the floodplain that is outside the limits of the floodway. 

Foundation, Permanent. Support footings and bearing walls constructed of masonry or 

concrete, meeting the standards of the International Building Code (IBC). 

Frontage. The side of the lot abutting on a street; the front lot line. 

-G- 

GCCHD (Gallatin City-County Health Department). The department responsible for the 

regulation and approval of water and septic permits throughout the Country. 

Garage, Private Customer and Employee. A structure that is accessory to a non-retail 

commercial or manufacturing establishment or use and is primarily for the parking and 

storage of vehicles operated by the customers, visitors, and employees of such building 

and that is not available to the general public. 

Garage, Private Residential. A structure that is accessory to a residential structure and that is 

designed or primarily used for the storage of vehicles owned and operated by the 

residents thereof. 

Glare. (1) The reflection of a harsh, bright light with an intensity great enough to reduce a 

viewer’s ability to see; and (2) the physical effect resulting from luminances or 

insufficiently shielded light sources in the field of view. 

Governing Body. The governing body of any governmental unit, such as Planning and Zoning 

Commission, Planning Board, and County Commission. 

Grade. (1) The lowest elevation of the land around a structure; (2) the percent of rise or decent 

of a sloping surface. 

Grade, Existing. The elevation of the ground surface in its natural state, prior to any man-made 

alterations such as grading, filling, or excavating. 

Greenhouse. A structure constructed of translucent material, which is devoted to the cultivation 

of plants, all or part of which are sold wholesale or retail. 

Ground Water. Any water beneath the land surface, bed of a stream, lake, or reservoir. 

Ground Water Area. An area enclosing a single, distinct body of ground water. 



Growth Policy, Gallatin County. The official document adopted by Gallatin County and used 

by the local government as a general guide for development and conservation decisions. 

It is not a regulation; rather, it is an official statement of public policy to guide growth 

and change in the unincorporated areas of Gallatin County. The required and optional 

elements of a growth policy are listed in MCA §76-1-601. 

Guest House. An attached or detached accessory structure used to house guests of the 

occupants of the principal structure, and which is never rented or offered for rent. 

Guest Ranch. Premises used for riding, hiking, or other outdoor recreational purposes wherein 

the said recreationists are provided with meals and overnight accommodations. 

-H- 

High Water. The highest level reached by a body of water. 

Hillside Land. Land that may be subject to specific regulations due to the slope and grade. 

Home Based Business. A legal activity carried out for gain by a resident and up to three 

employees, and conducted as a customary, incidental, and accessory use in the resident’s 

dwelling, accessory structures, and on the premises. 

Home Occupation. A legal activity carried out for gain by a resident and conducted as a 

customary, incidental, and accessory use in the resident’s dwelling. 

Household. (1) A person living alone; (2) any number of people related by blood, marriage, 

adoption, guardianship or other authorized custodial relationship; (3) two unrelated 

people and any children related to either of them; (4) not more than four unrelated 

people living together as a single nonprofit housekeeping unit and sharing common 

living, sleeping, cooking, and eating facilities. 

Hydrology. The science dealing with the properties, distribution, and circulation of water and 

snow. 

-I- 

Impervious Surface. Any material that prevents absorption of stormwater into the ground. 

Incidental. Subordinate and minor in significance and bearing a reasonable relationship with the 

primary use. 

Infrastructure. Facilities and services needed to sustain industry, residential, commercial, and 

all other land use activities. 



Ingress. Access or entry. 

Irrigation District. A subdivision of government, managed by a board of directors, that supplies 

water to irrigators within a specified region. 

Irrigation Ditch. A man-made channel, which can be manually or mechanically controlled, 

constructed for the purpose of carrying irrigation water to a needed area. 

-J- 

Junk. Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the 

process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or 

other use or disposition. 

Junkyard. Any area, lot, land, parcel, structure, or part thereof, used for storage, collection, 

processing, purchase, sale, salvage, or disposal of junk. 

-K- 

Kitchen. Any room or area principally uses, intended, or designed to be used for the storage 

and/ or preparation of food. The presence of a range, oven, refrigeration, sink, or any 

combination or the utility connections suitable for servicing a range, oven, refrigerator, 

or sink is considered a kitchen. 

-L- 

Land Use. A description of how land is occupied or utilized. 

Landmark. (1) Any site, structure, or natural feature that has visual, historic, or cultural 

significance; (2) a permanent marker, usually called a monument, designating property 

boundaries. 

Landscape. (1) An expanse of natural scenery; (2) lawns, trees, plants, and other natural 

materials, such as rock and wood chips, and decorative features, including sculpture, 

patterned walks, fountains, and pools. 

Landscape Plan. A component of a development plan which may show: proposed landscape 

species (such as number, spacing, size at time of planting, and planting details); 

proposals for protection and irrigation of existing vegetation during and after 

construction; proposed treatment of hard soft surfaces; proposed decorative features; 

grade changes; buffers and screening devices; and any other information that can 

reasonably be required in order that an informed decision can be made by the approving 

authority. 



Levee. A manmade embankment, usually earthen, designed and constructed in accordance with 

sound engineering practices to contain, control or divert the flow of water to provide 

protection from temporary flooding. 

Light Fixture, Outdoor. The fixture is an assembly that houses the lamp(s), and can include all 

or some of the following parts: a housing, a mounting bracket or pole socket, a lamp 

holder, a ballast, a reflector or mirror and/ or a refractor or lens. 

Light Pollution. Any adverse effect of man-made light. 

Lighting, Direct. Illumination resulting from light emitted directly from the light source. 

Lighting, Fully Shielded. (Also referred to as cutoff-type lighting) Any outdoor light fixture 

shielded in such a manner that all light emitted by the fixture (directly or indirectly) is 

projected below a horizontal plane running through the lowest point of the fixture where 

light is emitted. 

Lighting, Indirect. Direct light that has been reflected or has scattered off other surfaces. 

Lighting, Outdoor. The illumination of an outdoor area or object by a man-made device, 

permanently installed or portable, that produces light used for illumination, decoration, 

security, or advertisement. 

Lighting, Partially Shielded. Any light fixture shielded in such a manner that the bottom edge of 

the shield is below the plane of the center line of the lamp reducing light above the 

horizontal. 

Livestock for Agricultural Use: The keeping of domestic animals for personal use or for sale 

and profit as part of a bona fide agricultural operation. 

Local Services. All services provided by governmental bodies for the benefit of citizens. These 

services include, but are not limited to, police, fire, water, recreation, streets, parks, 

libraries, schools, and wastewater and solid waste collection and disposal. 

Lot. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise 

permitted by law, to be separately owned, used, developed, or built upon. 

Lot, Area. The total area within the lot lines of a lot, excluding any street rights-of-way. 

Lot, Coverage. A measurement of intensity of land use, expressed as a percentage of a lot’s 

total area that is impervious (i.e., does not absorb water). This portion includes, but is 

not limited to, the areas covered by buildings, structures, driveways, roads, and 

sidewalks. 

Lot Line. A line of record bounding a lot that divides one lot from another lot or from a public 

or private street or any other public space. 



Lot Line, Front. The lot line separating a lot from a street right-of-way. 

Lot Line, Rear. The lot line opposite and most distant from the front lot line. In the case of a 

triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the 

lot, parallel to and at a maximum distance from the front line. 

Lot Line, Side. Any lot line other than front or rear. 

Lot Line, Zero. The location of a structure on a lot in such a manner that one or more of the 

structure’s sides rests directly on a lot line. 

Lot Width. The horizontal distance between the side lines of a lot measured at right angles to its 

depth along a straight line parallel to the front lot line at the minimum required building 

setback line. 

Lot of Record. A lot which is part of a subdivision recorded in the office of the County Clerk 

and Recorder, or a lot described by metes and bounds, a copy of which has been 

recorded in the office of the County Clerk and Recorder. 

Lumen. A unit to measure the actual amount of visible light which is produced by a lamp as 

specified by the manufacturer. 

-M- 

Manufactured Home. A factory-built, single-family structure that is under the authority of 42 

USC Section 5401, the National Manufactured Home Construction and Safety Standards 

Act, built on a permanent chassis, and is used as a place for human habitation, but which 

is not constructed or equipped with a permanent hitch or other device allowing transport 

of the unit other than for the purpose of delivery to a permanent site, and which does not 

have wheels or axles permanently attached to its body or frame. This definition 

specifically does not include modular housing or recreational vehicle. 

Manufactured Home Park. A tract of land providing two or more home lots for lease or rent to 

the general public. 

Manufacturing, Light. Fabrication of and/ or assembly of goods from previously prepared 

materials. 

MCA (Montana Code Annotated). The collection of Montana statutes classified by subject. 

Mineral Resource Development (Mining). The extraction of minerals, including solids, such as 

coal and ore; liquids, such as crude petroleum; and gases, such as natural gases. 

Including any operation that mines sand and gravel or mixes concrete or batches asphalt. 



Mineral Rights. One of a number of distinct and separate rights associated with real property 

that gives the owner of rights certain specified privileges, such as to extract, sell, and 

receive royalties with respect to minerals. 

Mining. The extraction of minerals, including solids, such as coal and ore; liquids, such as 

crude petroleum; and gases, such as natural gases. Including any operation that mines 

sand and gravel or mixes concrete or batches asphalt. 

Mixed Use Development. The development of a tract of land or structure with a variety of 

complimentary and integrated uses, such as, but not limited to, residential, office, 

manufacturing, retail, public, or entertainment, in a compact urban form. 

Mobile Home. A transportable, manufactured structure, suitable for year-round single-family 

household occupancy and having water, electrical and sewage connections similar to 

those of conventional dwellings. This definition applies to only units constructed prior 

to Federal Manufacturing Housing Construction and Safety Standards Act of 1974, 

which became effective June 15, 1976. Compare with the definition of manufactured 

home. 

Modular Home. A dwelling unit meeting the standards of the International Building Code 

(IBC) which was mass produced in a factory, designed and constructed for 

transportation to a site for occupancy when connected to the required utilities and when 

permanently anchored to a permanent foundation, whether intended for a use as an 

independent, individual unit or in combination with other units to form a larger structure, 

and which does not have integral wheel, axles, or hitch. 

-N- 

Natural Environment. The physical conditions which exist within a given area, including land, 

water, mineral, flora, fauna, noise, light, and objects of historic or aesthetic significance. 

Naturally Woodland Area. An ecosystem characterized by naturally occurring dense tree cover. 

Neighborhood Business District. See District 

Non-Conforming Parcel. A parcel, the area, dimensions or location of which was lawful prior 

to the adoption, revision, or amendment of a zoning regulation but fails by reason of 

such adoption, revision or amendment to conform to the present requirements of the 

zoning regulation. 

Non-Conforming Sign. Any sign lawfully existing on the effective date of a regulation, or 

amendment thereto, that renders such a sign nonconforming because it does not conform 

to all the standards and regulations of the adopted or amended regulation. 



Non-Conforming Structure. A structure, the size, dimensions or location of which was lawful 

prior to the adoption, revision or amendment to a zoning regulation but fails by reason of 

such adoption, revision or amendment to conform to the present requirements of the 

zoning regulation. 

Non-Conforming Use. A use or activity that was lawful prior to the adoption, revision or 

amendment of a zoning regulation but fails by reason of such adoption, revision or 

amendment to conform to the present requirements of the zoning regulation. 

Non-motorized Trails. A maintained pathway designed for and used by equestrians, 

pedestrians, and cyclists using non-motorized bicycles. 

Nuisance. Anything that is indecent or offensive to the senses as defined by MCA §27-30-101. 

-O- 

Offices. Buildings or portions of structures in which commercial activities take place but where 

goods are not produced, sold, or repaired. These include but are not limited to general 

and professional offices, governmental offices; insurance offices; real estate offices; 

taxicab offices (but not taxi stands); travel agency or transportation ticket offices; 

telephone exchange; utility offices; radio broadcasting and similar uses. 

Open Space. Any parcel or area of land or water essentially unimproved and set aside, 

dedicated, designated, or reserved for public or private use or enjoyment or for the use 

and enjoyment or owners, occupants, or their guests of land adjoining or neighboring 

such open space. 

Open Space, Common. Land within or related to a development, not individually owned or 

dedicated for public use, that is designed and intended for the common use or enjoyment 

of the residents and their guests of the development and may include such 

complementary structures and improvements as are necessary and appropriate. 

Open Space, Green. An open space area not occupied by any structures or impervious surfaces. 

Open Space, Private. Common open space, the use of which is normally limited to the 

occupants of a single dwelling, structure, or property. 

Open Space, Public. Open space owned by a public agency and maintained by it for the use and 

enjoyment of the general public. 

Ordinary High Water Mark. The outermost line caused by water impressing on land and 

covering it for sufficient periods to cause physical characteristics that distinguish the 

area below the line from the area above it. Characteristics of the area below the line 

include, when appropriate, but are not limited to, deprivation of the soil of substantially 

all terrestrial vegetation and destruction of its agricultural vegetative value. A floodplain 



adjacent to surface waters is not considered to lie within the surface water’s high water 

marks. 

Outcrop. That part of a rock formation which is exposed at the earth’s surface. 

Outfitter. Any person licensed in Montana to advertise and provide service as an outfitter, 

guide, and professional guide for recreational activities directly related to the outfitting 

license. 

-P- 

Parcel. A contiguous lot or tract of land owned and recorded as a property of the same persons 

or controlled by a single entity. 

Parcel of Record. An individual parcel of land, irrespective of ownership, that can be identified 

by legal description, independent of any other parcel of land, using documents on file in 

the records of the County Clerk and Recorder’s office. 

Park. Any public or private area of land, with or without structures, for the purpose of passive 

and active recreational uses. 

Parking. Space reserved for the parking of motor vehicles. 

Parking, Off-Street. A temporary storage for a motor vehicle in a space located off any public 

right-of-way with room to exit either side of vehicle, and with adequate maneuvering 

space and access to public roads. 

Parking, On-Street. A temporary storage area for a motor vehicle that is located on a dedicated 

street right-of-way. 

Parking Area. An area, other than a street or alley designated for use, or used, for temporary 

parking of vehicles. 

Permitted Use. A use which is specifically listed as a permitted use for a district and which 

meets the intent of the district without additional conditions or special review and 

approval being required; also referred to as principal use. 

Person. Any legal entity, organization, or human being according to Montana law. 

Pervious Surface. Any material that permits full or partial absorption of stormwater into the 

previously unimproved land. 

Places of Worship. See Worship. 



Planning Board, Gallatin County. An 11 member, citizen’s advisory board. 

Planning Department, Gallatin County. The department responsible for the community 

development planning for the unincorporated area of the county. 

Planning Director, Gallatin County. The Director of the Gallatin County Planning Department 

and the person charged with the administration of the department according to the 

supervision of the Gallatin County Commissioners. 

Plat. A graphical representation of a subdivision showing the division of land into lots, parcels, 

blocks, streets, alleys, and other divisions and dedications and includes replats or 

amended plats. 

Power Plant, Commercial. An electrical power station facility using hydro, fossil fuel, wind, 

or solar energy as its fuel source, which is operated by a public utility or independent 

power producer and whose primary function is to provide electricity to the electrical 

distribution system or transmission grid. 

Power Plant, Personal. An electrical power generation facility using hydro, solar, wind, or 

geothermal energy as its fuel source, and whose primary function is to provide 

electricity to the landowner for uses on the site the facility is located. 

Primary Access. The major access to a subdivision. The major access generally carries the 

most traffic as determined by the traffic impact study. 

Principal Use. A use or structure which determines the predominate or major use of the lot 

on which it is located. The principal use shall be that use which establishes the 

character of the property relative to surrounding or adjacent properties. 

Property Owner. Any person, firm, corporation or other entity shown as being the legal 

owner of a tract, parcel, or lot in the records of the County Clerk and Recorder. 

Public Health and Safety. A condition of optimal well-being, free from danger or injury, for 

a community at large, not merely for an individual or small group of persons. 

Public Utility. A public utility shall include any enterprise providing heat, light, power, water, 

telegraph, telephone, railway and bus service, sewage service and audio, audio-visual 

and data-link communications. 

-R- 

Recreational Facility. Establishment, including accessory uses and structures that are customary 

to the recreational facility, that charge a fee for providing outdoor recreation that 

includes: golf courses, tennis courts, and swimming pools. 



Recreational Vehicle (RV). A vehicular-type portable structure without a permanent foundation 

that can be towed, hauled or driven and primarily designed as a temporary living 

accommodation for recreational, camping and travel use and including, but not limited 

to, travel trailers, truck campers, camping trailers and self-propelled motor homes. 

Recreational Vehicle Park. A place renting space to park individual camping trailers, pickup 

campers, motor homes, travel trailers, or automobiles for transient dwelling purposes. 

Residential. Non-commercial single- or multi-family dwellings; uses; or district designation. 

Retail. The rental or sale of tangible personal property for any purpose other than for resale. 

Retail, Large Scale. The rental or sale of tangible personal property for any purpose other than 

for resale where the total area utilized by a single tenant, exclusive of parking, occupies 

40,000 square feet or more. 

Retail, Small Scale. Establishments of 10,000 square feet or fewer of gross floor area engaged 

in the sale or rental of goods for consumer or household use. 

Ridge. The horizontal line formed by opposing sloping sides that run parallel. 

Ridge, Geological. A geological ridge features a relatively narrow and continuous elevational 

crest, or series of crests, for a distance. The ridge includes the top portion of a landform 

such as a hill or a mountain; and the ridge may be prominent due to the steep angle at 

which it rises. 

Ridgeline. A line connecting the highest points along a ridge. 

Right-of-way. (1) A strip of land acquired by reservation, dedication, forced dedication, 

prescription, or condemnation and intended to be occupied by a road, crosswalk, 

railroad, electric transmission lines, oil and gas pipeline, water line, sanitary stormwater 

sewer, and other similar uses: (2) generally, the right of one to pass over the property of 

another. 

Riparian Land. Land that is traversed or bounded by a natural watercourse or adjoining lands. 

Road, Arterial. A road having the primary function or moving traffic with emphasis on a high 

level of mobility for through-movement, and the secondary function of providing 

limited access to adjacent land. 

Roof. The outside top covering of a structure. 

Run with the Land. A covenant or restriction of the use of the land contained in a deed and 

binding on the present and all future owners of the property. 



Runoff. The portion of rainfall, melted snow, irrigation water, and any other liquids that flows 

across ground surface (and eventually is returned to streams). 

-S- 

Screening. A method of visually shielding or obscuring one abutting or nearby structure or use 

from another by fencing, walls, berms, or densely planted vegetation. 

Seasonal Use. A use dependent on or controlled by the season of the year. Seasonal uses 

operate continuously during a period of up to 90 days per year. 

Security Lighting. All outdoor lighting used for, but not limited to, illumination for walkways, 

roadways. Equipment yards, parking lots, and other outdoor security where general 

illumination for safety and security of the grounds is the primary concern. 

Sediment. Solid material, both mineral and organic that is in suspension, is being 

transported, or has been moved from its site of origin by air, water, or gravity as a 

product of erosion. 

Sedimentation. The process of depositing materials from a liquid, especially in bodies of water. 

Sensitive Lands. Includes all riparian corridors, wetlands, wildlife corridors and slopes over 30 

percent. 

Septic System. An underground system with a septic tank used for decomposition of domestic 

waste. 

Service Station. Any structure, land use, or other premises, or portion thereof, used for the retail 

dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including 

as an accessory use the sale and installation of lubricants, tires, batteries, and similar 

vehicle accessories. 

Setback. The distance from the property line to the nearest part of the applicable building, 

structure, or sign, measured perpendicularly to the property line. 

Setback Line. The line that is the required minimum distance from the street right-of-way or 

public access easement line or any other lot line that establishes the area within which 

structures must be placed. 

Shared Access. A fixed automotive and pedestrian access location from a street to two or more 

adjoining properties which have the right mutually and ability to use the access, and 

which have been established by an easement or other legally binding means. 

Shooting Preserve. An area where game is released for the purpose of providing hunting under 

special regulations set by the state. 



Sign. Any device, fixture, placard, or structure that uses form, graphic, illumination, symbol, or 

writing to advertise, announce the purpose of a person or entity or to communicate 

information of any kind to the public. 

Sign, Animated or Moving. Any sign or part of a sign that changes physical position or light 

intensity by any movement or rotation or that gives the visual impression of such 

movement or rotation. 

Sign, Awning, Canopy, or Marquee. A sign that is mounted, painted, or attached to an awning, 

canopy, or marquee that is otherwise permitted by regulation. 

Sign, Face. The area or display surface used for the message. 

Sign, Flashing. Any directly or indirectly illuminated sign that exhibits changing natural or 

artificial light or color effects by any means whatsoever. 

Sign, Freestanding. Any non-movable sign not affixed to a building. 

Sign, Off-premise or Billboard. A sign that directs attention to a business, commodity, service, 

or entertainment conducted, sold, or offered at a location other than the premises on 

which the sign is located. 

Sign, Pole. A sign that is mounted on a freestanding pole or other support. 

Sign, Portal. A small sign at the entrance of a property, which may contain words, symbols or 

brands, indicating the address or identity of the premises. 

Sign, Real Estate. A sign pertaining to the sale or lease of the premises, or a portion of the 

premises, on which the sign is located. 

Sign, Temporary. A sign or advertising display constructed of cloth, canvas, plywood, or other 

light material and designed or intended to be displayed for a short period of time. 

Sign, Wall. A sign fastened to or painted on the wall of a structure in such a manner that the 

wall becomes the supporting structure for, or forms the background surface of, the sign 

and that does not project more than twelve inches from the structure. 

Sign Area. The entire face of a sign, including the advertising surface and any framing, trim, or 

molding, but not including the supporting structure. 

Site Plan. The development plan for one or more lots which shows the existing and proposed 

conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, 

and waterways; landscaping and open spaces; walkways; means of ingress and egress; 

circulations; utility services; structures; signs and lighting; berms, buffers, and screening 

devices; surrounding development; and any other information that reasonably may be 

required in order that an informed decision can be made by the approving authority. 



Sketch Plan. A map at a scale suitable to locate the proposed development, showing the 

boundary lines of all adjacent properties and streets and other information necessary to 

determine the general location of the proposed development. 

Slide. The downhill mass movement of soil, rock, or snow resulting from failure of that 

material under stress. 

Slope. The inclination of the surface of the land from the horizontal, usually expressed in 

percent or degrees prior to development. 

Sprawl. Uncontrolled growth, usually of a low-density nature, in previously rural areas and 

some distance from existing development and infrastructure. 

Storage Facility. A space or place where goods, materials and/ or personal property are put for 

more than 24 hours. 

Street, Arterial. A street or road, moving relatively large volumes of traffic in two or four lanes, 

having the primary function of moving through traffic and the secondary function of 

providing access to adjacent land. 

Street, Arterial (Principal). Serves the major centers of activity, the highest traffic volume 

corridors, and the longest trip distances in an urbanized area. 

Street, Arterial (Minor). Interconnects with and augments the urban principal arterial system. 

It accommodates trips of moderate length and at a somewhat lower level of mobility 

than principal arterials, and it distributes travel to smaller geographic areas. 

Street, Collector. A street or road generally with two traffic lanes and two parking lanes serving 

the equally important functions of moving through traffic and providing access to 

adjacent land. 

Street, Local Street. A street or road with two traffic lanes and one or two parking lanes having 

a primary function of providing access to adjacent property and the secondary function 

of moving through traffic. 

Street, Public. A street or road for which the right-of-way has been dedicated to the public. 

Structure. A combination of materials to form a construction for use, occupancy, or 

ornamentation whether installed on, above, or below the surface of land or water. 

Structure, Accessory. A subordinate structure or portion of the principal structure, located on 

the same lot as the principal building, which is customarily incidental to the principal 

structure. When part of an accessory structure is connected to a part of the principal 



structure by a common wall, such accessory structure shall be counted as part of the 

principal structure. Individual public utility installations aboveground are considered 

accessory buildings. 

Structure, Main. The principal building for accommodating the primary use to which the 

premises are devoted. 

Structural Alteration. Any change in the shape or size of any portion of a building or of the 

supporting members of the building or structure such as walls, columns, beams, arches, 

girders, floor joist, or roof rafters. 

Subdivider. Any person, firm, corporation, or other entity who causes land to be subdivided or 

who proposes a subdivision of land. 

Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, 

or other division of land for sale, development, or lease, subject to the provisions of the 

Montana Subdivision and Platting Act. 

Subdivision, Major. Any subdivision not classified as a minor subdivision. 

Subdivision, Minor. A subdivision containing five or fewer parcels where proper access to all 

lots is provided and where no land in the subdivision will be dedicated to public for 

parks or playgrounds. 

Substantial Damage. Damage sustained by a structure where the cost of restoring the structure 

to its condition before damage would equal or exceed 50 percent of the market value of 

the structure before the damage occurred as determined by Gallatin County’s last 

equalized assessment roll. 

Substantial Improvement. Any repair, reconstruction or improvement of a structure, the cost of 

which equals or exceeds 50 percent of the market value of the structure either before the 

improvement; or before the damage occurs. It does not include alterations for listing on 

National Register of Historic Places or State Inventory of Historic Places; or to comply 

with existing local health and safety sanitary codes to assure safe living conditions. 

Surveyor (Registered Land Surveyor). A person licensed in conformance with the Montana 

Professional Engineers, Registration Act (MCA §37-67-101 through MCA §37-67-332) 

to practice surveying in the State of Montana. 

-T- 

Topography. General term to include characteristics of the ground surface such as plains, hills, 

mountains, degree of relief, steepness of slope, and other physiographic features. 



Tract of Record. An individual parcel of land, irrespective of ownership, that can be identified 

by legal description and is independent of any other parcel of land, using documents on 

file in the records of the County Clerk and Recorder’s office. 

Transfer of Development Rights (TDR). The removal of the right to develop or build, 

expressed in a dwelling units per acre of floor area, from a designated sending area 

within a zoning district to land in a designated receiving area within a zoning district 

where such transfer is permitted. 

-U- 

Unit. A residential lot, a commercial lot, a condominium, a townhouse, an individual 

recreational vehicle parking site or a manufactured home lot. 

Use. Any purpose for which a building or other structure or a tract of land may be designed, 

arranged, intended, maintained, or occupied for any activity, occupation, business, or 

operation carried on or intended to be carried on in a building or other structure or on a 

tract of land. 

Utility Service. Distribution, transmission and/ or collection systems serving the general public 

operating under one or more of the following conditions: (a) Provides a service that is 

essential to the public health, safety or general welfare; (b) Is subject to regulation by 

any governmental agency, either state or federal; (c) Is granted a franchise. 

Utility Service Operation Facilities. Facilities required by a utility service for its service 

operations, excluding commercial activities. Facilities may include buildings, structures, 

reception and distribution equipment above and below ground, lines, pipes, tanks, 

ponds, pumping stations, generation and switching stations, repeaters, antennas 

(including off-air, satellite and microwave), transmitters and receivers, construction and 

service equipment, valves, housings, or any other mechanical or electronic devices of 

any kind and any appurtenances and equipment necessary to the furnishing of the utility 

service. 

-V- 

Variance. A provision which allows modification to a regulation or waiver of the general 

development and building standards when a literal enforcement would result in 

unnecessary or undue hardship and the granting of the variance is not contrary to the 

public’s health, safety, and general welfare. 

Vested Right. A right that cannot be changed or altered by changes in regulation. 

Veterinary Clinic. An establishment for the treatment of the diseases and injuries of animals 

and where animals may be boarded during their convalescence. 



Violation. The failure of a structure, subdivision, use of land, or other development to be fully 

compliant with the governing regulations. 

-W- 

Water Rights. A property owner’s right to use surface or underground water from adjacent 

lands. 

Water Quality. Chemical, physical, and biological characteristics of water that determine 

suitability for a particular use. 

Watercourse. Any stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, 

gully, ravine, or wash in which some or all of the water is naturally occurring, such as 

runoff and springs, and which water flows in a definite direction or course, either 

continuously or intermittently, and has a definite channel, bed, and banks and includes 

any area adjacent thereto subject to inundation by reason of overflow or floodwater. 

Wetlands. An area that is inundated or saturated by surface water or groundwater at a frequency 

and duration sufficient to support, and that under normal circumstances does support, a 

prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands 

are characterized by hydric soil, the presence of hydrology (standing water and/or 

saturated soil within 12 inches of the surface), and hydrophytic vegetation that support 

wetland functions and values. 

Wireless Facility. An unstaffed facility for the transmission or reception of radio frequency 

(RF), microwave, or other signals for commercial communications purposes, typically 

consisting of an equipment enclosure, an antenna support structure, and one or more 

antennae. It excludes amateur radios, Essential Services (Type I), satellite earth stations, 

and private receive-only antennae, such as for the reception of television signals. 

Worship, Places of. A structure, or group of structures, that by design and construction are 

primarily intended for conducting organized religious services and associated uses. May 

be referred to as a church, synagogue, temple, mosque, or other name as the facility that 

is used for prayer by persons of similar belief. 

-Y- 

Yard. Area suitable for recreation, gardens, green belts or household service activities, located 

on the same lot with a building, and which is open to the sky, free of undue hazard and 

readily accessible to the occupants of the building. 



Yard, Required. The open space between a lot line and the yard line within which no structure 

shall be located except as provided in the zoning regulation. 

-Z- 

Zone. A specifically delineated area or district within which uniform regulations, requirements, 

and standards govern the use, placement, spacing, and size of land and structures. 

Zoning. The delineation of districts and the establishment of regulations governing the use, 

placement, spacing, and size of land and structures. 

Zoning Enforcement Agent. The duly authorized agent appointed by the County Commission 

for the purpose of administering and enforcing these Regulations. 

Zoning Map. The map or maps that are a part of the zoning regulations and delineate the 

boundaries of the zone districts. 



7.00 MAP 



APPENDIX A – FIRE PROTECTION GUIDELINES 



RECOMMENDATIONS TO MITIGATE WILDFIRE DANGER 

Can You Go It Alone For Three Days? 

The first 72 hours after a major emergency or disaster are critical. Electricity, gas, water and 

telephones may not be working. In addition public safety services such as police and fire departments 

will be busy handling serious crises. You should be prepared to be self sufficient – able to live 

without running water, electricity and/or gas, and telephones – for at least three days following a 

major emergency. To do so, keep on hand in a central location the following. 

ESSENTIALS SANITATION 

SUPPLIES 

Water – 1 gallon per person per day (a week’s supply of water is 

preferable) 

Large plastic trash bags for 

waste, tarps and rain 

ponchos 

Water purification kit Large trash cans 

First aid kit, freshly stocked Bar soap and liquid 

detergent 

First aid book Shampoo 

Food Toothpaste and brushes 

Can opener (non-electric) Feminine hygiene supplies 

Blankets or sleeping bags Toilet paper 

Portable radio, flashlight and spare batteries Household bleach 

Essential medications 

Extra pair of eyeglasses 

Extra pair of house and car keys 

Fire extinguisher – A-B-C type 

Food, water and restraint (Leash or carrier for pets) 

Cash and change 

Baby supplies, formula, bottle, pacifier, soap and baby powder, 

clothing, blankets, baby wipes, disposable diapers, canned food and 

juices if applicable 

SAFETY AND COMFORT COOKING 

Sturdy shoes 

Candles and matches 

Change of Clothing 

Garden hose for siphoning and firefighting 

Communication kit: paper, pens, stamps 

Heavy gloves for clearing debris 

Light Sticks 

Knife or razor blades 

Tent 

Plastic knives, forks, spoons 

Paper plates 

Paper towels 

Heavy duty aluminum foil 

Camping stove for outdoor cooking 

(caution before using fire indoors) 



TOOLS AND SUPPLIES 

Axe, shovel, broom Adjustable wrench for turning off gas 

Tool kit including a screwdriver, pliers and a hammer Coil of one half (1/2) inch rope 

Plastic tape, staple gun and sheeting for window replacement Bicycle 

Area map 

USEFUL WEB LINKS 

Additional emergency preparedness information can be found at the following addresses: 

The U.S. DEPARTMENT OF HOMELAND SECURITY (www. ready.gov) 

AMERICAN RED CROSS: (www.redcross.org/services/disaster/be prepared) 

FEDERAL EMERGENCY MANAGEMENT AGENCY 

(HTTP://WWW.FEMA.GOV/LIBRARY/PREPANDPRE.SHM 

FIRE RESISTANT PLANTS FOR MONTANA LANDSCAPES 

Groundcover and Herbaceous Plants Trees SHRUBS 

Alfalfa Bergenia 

Blanket Flower 

Penstemon Pinks White Alder Antelope Brush 

Kentucky Bluegrass Poppy, California 

Poppy 

Ash, Green Ash Buckthorn 

Buffalo grass Potentilla Quaking Aspen Buffaloberry, Russett, 

Silver 

Evergreen Candytuft Primrose, Mexican Birch Cherry, Sand, Naking 

Carpet Bugle 

Evening Primrose 

Spring Cinquefoil Red hot Poker Ryegrass Cottonwood, 

Chokecherry 

Columbine Coral 

Narrowleaf 

Bells Coreopsis Pussytoes Cottonwood Shrubby Cinquefoil 

Cotomeaster, Rock, 

Bearberry 

Sage Hackberry Deerbrush (Buckbrush) 

Shasta Daisy Daylily Goldmoss Sedum 

Silver 

Black Locust Red osier Dogwood 

Drosanthemum Spreader Snow in Maple, Big tooth, Gooseberry and 

Summer 

Boxelder, Rocky 

Mountain Maple 

Currants 

Dusty Miller Stonecap, Green 

Stonecap 

Russian Olive Honeysuckle 

Fescue, Blue, Tall, 

Creeping Red Rax 

Wild Strawberry Poplar Common Lilac 

Fleabane Four o'clock Sunrose Prunus Mountain Mahogany 

Geranium, Hardy, Common Thrift Mockorange 

Bloodred Wild Ginger Wooly Thyme, Native Plum 



Hen and Chicks Iris 

Creeping Thyme 

Valerian Pyracantha 

Kinnickinnick Canadian Violet Raspberry 

Lambs Ear Virginia Creeper Rose (most members of 

this family) 

Lavender Western Wheatgrass Saltbush 

Lupine Crested Wheatgrass 

(Low growing) 

Sumac, Skunkbush 

Creeping Mahonia 

Mock 

Winterfat 

Strawberry Mountain Yarrow, White, 

Spray 

Femleaf, Wooly 

Dwarf Periwinkle 

Myrtle Orchard 

Grass Rocky Mountain 

Yucca 

FIREWISE CHECKLIST 

Display your name and house number in front of your property to assist firefighters and other 

emergency personnel in locating your home. 

Have smoke detectors in working order installed in the home with at least one located in or 

near sleeping areas. Check regularly to maintain good working order. 

Determine the amount of defensible space necessary. Keep in mind property boundaries and 

the ownership of adjacent properties. Consider the impact of slope percent (uphill, sides and 

downhill). Evaluate the area surrounding the home in terms of defensible space and identify 

areas for correction. Develop a plan for correcting the problems, coordinate with adjacent 

landowners if necessary. 

To make a good fire defense of a home a defendable area of thirty (30) feet from all sides of 

a home should be considered. This will allow fire vehicles access to the home and will cut 

down on materials that will be fuel for a fire. 

Make periodic inspections of your home looking for deterioration such as breaks and spaces 

between tiles, warping wood or cracks and crevices in the structure. Any of these allow 

embers to find a ignition point on a structure. 

Periodically inspect your property, clearing dead wood and dense vegetation at a distance of 

at least thirty (30) feet from your house. Move firewood away from the house or attachments 

like fences or decks. 

In the case of a fire, first call for help. Close all entrances, windows and other openings. This 

includes doors, garage doors, windows, vents, shutters, and heavy drapes, Venetian blinds or 



other window coverings. This action is to prevent sparks from blowing into the home. Have 

tools (shovel, rake, etc) and water available. Fill buckets and other bulk containers (Bathtubs, 

sinks) with water. PROTECT YOURSELF. Wear cotton/wool clothing including long pants, 

a long sleeved shirt, boots, gloves and a scarf to protect your face. TURN OFF 

RESIDENTIAL FUEL. If you use propane turn it off at the tank. WET DOWN YOUR 

ROOF. If your roof is combustible wet it down with a hose, place the ladder on the side 

opposite the fire. PREPARE AUTOMOBILES FOR EVACUATION. Back as many autos as 

possible into the garage. Close the garage door. Close the garage door after you as you 

evacuate. If this is not possible park autos so they are heading in the direction of the 

evacuation route. If possible TAKE PETS. 

SAFE EVACUATION. Be aware of escape routes that will allow for safe evacuation from 

the area and will keep the routes open for the necessary emergency vehicles trying to protect 

the property. Make sure that your driveway and any bridges or culverts are the recommended 

width, strength and length to accommodate the width and the weight of emergency vehicles 

and that it will allow for such vehicles to turn around and pass if necessary. 

Within five (5) feet of structures: 

Maintain an area of non-combustible material within 5 feet of structures- flowers, plants, 

concrete, gravel, mineral soil, etc. If native vegetation is properly modified, a wildfire can be 

slowed down, the length of flames shortened, and the amount of heat reduced, all of which 

contribute to a home surviving a fire. Supplemental irrigation is especially important to keep 

plants green in this area. 

Within Five (5) to ten (10) feet of Structures: 

(Increase distance below structure if slope is greater than 10%): 

Slope affects the size of defensible space. Homes near steep slopes will need to clear 

additional vegetation to mitigate the effects of radiant and convective heat currents and flame 

lengths. The downward distance is particularly important because slopes will increase flame 

length. 

The area between five (5) feet and thirty (30) feet from the home provides the critical area for 

firefighting efforts. Fuel reduction is important here in the terms of reduced volume and 

density. 

Maintain surface vegetation at Three (3) inches or less in height. 

Remove all downed trees, bush, limbs, 

etc.. Prune bushes and shrubs regularly. Remove excess growth as well as dead leaves and 

branches to decrease their flammability, and the threat they could pose as a ladder fuel during 

a wild land fire. 

From ten (10) to Thirty (30) feet of Structure (increase distance below structure if slope is 

greater than 10%): 



Slope affects the size if defensible space. Homes near steep slopes will need to clear 

additional vegetation to mitigate the effects of radiant and convective heat currents and flame 

lengths. The downward distance is particularly important because slopes will increase flame 

lengths. 

Thin trees to ten (10) feet between crowns. 

Prune limbs of remaining trees to ten (10) to fifteen (15) feet in height from the ground or 

one-third (1/3) of total live crown, which ever is less. This is to prevent fire burning through 

tall grass from igniting these limbs and climbing to the top of the trees with relative ease. 

Remove all downed trees, brush, limbs etc. 

Thirty (30) feet from structure and Beyond. 

Effective fuel reduction in this area includes selective pruning and thinning trees and limiting 

dead trees (Snags) to two (2) per acre. It is also important to make sure that these dead trees 

cannot fall onto the home or block access roads or driveways. 

Thin trees to ten (10) to fifteen (15) feet between crowns. 

Prune limbs on remaining trees to Fifteen (15) feet above the ground. 

OTHER FIRE SAFE PRACTICES: 

Give your home added protection with “fuel breaks” such as driveways, gravel, stone, tile, or 

cement walkways and green lawns. 

Mow lawns regularly. Remove tall dry grasses. Tall dry grasses provide a path for fire that 

can lead directly to a home or into trees. 

Clear or reduce vegetation from alongside your driveway or road edge, and make sure your 

driveway is wide enough and adequate for fire trucks to turn around. 

Have the power company cut overhanging branches away from the power lines. 

Dispose of all slash and flammable debris from your property. If you intend to burn, follow 

all applicable open burning regulations and requirements 

(Possess a burn permit; call it in, no burning after sundown, no open burning before March 1 

or after November 30 for Gallatin County residences. For this area the Burn permits can be 

obtained from Central Valley Fire in Belgrade or from a community member (Sandy Maher) 

who sells them for the department and the cost is $15.00 a year). 

Clean the roof and gutter of needles, leaves, branches and other combustible debris. During a 

wild land fire, leaves on the roof and/or in the gutter could be ignited by flying embers. 



Provide a fifteen (15) foot clearance between your chimney and the nearest branches. 

Makes sure your chimney extends three (3) feet above the roof and is capped with an 

approved spark arrester. 

Your roof should be of a fire resistance material. A wood shake roof should be treated with 

UL approved fire retardant chemical or replaced. 

Enclose open spaces beneath features such as decks, balconies, and stilts to prevent 

combustible materials and debris from accumulating and hot embers from getting in. 

Screening no larger than one-eighth (1/8) inch is recommended. 

Locate the propane tank at least twenty (20) feet from the structure and within a ten (10) foot 

clearing. 

Stack your firewood at least one hundred (100) feet from the house and always on the uphill 

side. 

Ensure that your water supply is usable during a fire emergency, if possible. Keep garden 

hoses readily available. If you have a generator make sure it is in good working condition. 

Check hoses regularly for leaks and deterioration. 

Keep storage areas clean. Do not allow oily rags, flammable chemicals or newspapers to 

accumulate. 

Makes sure your motorized garden equipment (such as lawnmowers and chainsaws) has 

approved and functioning sparks arresters. Maintain it on a regular basis and use caution 

when refueling. 



APPENDIX B 

ORDINANCE NO. 2004-017 

ORDINANCE TO CONTROL COMMUNITY DECAY 

INDEX 

SECTION 1. DEFINITIONS ....................................................................................................2 

SECTION 2. PURPOSE AND GOVERNING BODY.............................................................3 

SECTION 3. PROHIBITIONS .................................................................................................3 

SECTION 5. CORRECTIVE ACTION....................................................................................4 

SECTION 6. APPEAL PROCESS ...........................................................................................5 

SECTION 7. ENFORCEMENT AND PENALTIES ...............................................................5 

SECTION 8. JURISDICTION..................................................................................................6 

SECTION 9. EFFECTIVE DATE ...........................................................................................6 

SECTION 10. COMPATIBILITY.............................................................................................6 

SECTION 11. SEVERABILITY ..............................................................................................6 

---------------------------------------------------------------------------------------------------------------- 

WHEREAS, Mont. Code Ann. § 7-5-2110 and § 7-5-2111 authorize the Gallatin 

County Commissioners to enact an ordinance to control community decay; and 

WHEREAS, the Gallatin County Commissioners adopted an Ordinance to Control 

Community Decay, Ordinance Number 93-01 on March 16, 1993; and 

WHEREAS, in May 2003 the Gallatin County Code Compliance Specialist proposed 

anew community decay ordinance that would clarify the definition of community decay, 

provide 

reasonable remedies for resolving violations, and add the Compliance Department as lead 

Department for administering the Ordinance; and 

WHEREAS, the Gallatin County Commissioners have determined that there is a 

continued need for an ordinance to control community decay in Gallatin County, Montana, 

and desire to 

enact a new comprehensive ordinance; and 

WHEREAS, the Gallatin County Commissioners desire to rescind and replace 

Ordinance Number 93-01 and adopt the following as a new Ordinance. 

NOW THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSIONERS 

OF GALLATIN COUNTY, STATE OF MONTANA THAT THE FOLLOWING SHALL 

BE THE ORDINANCE TO CONTROL COMMUNITY DECAY: 

SECTION 1. DEFINITIONS 

In this Ordinance the following terms have the meanings indicated below: 

(1) "Accumulate" means to store, gather; collect; heap; or pile up. 

(2) "Agriculture" means the art or science of cultivating the ground, including 

harvesting of crops and rearing and management of livestock; tillage; husbandry; 

farming; horticulture; and forestry; the science and art of the production of plants 

and animals useful to man. 

(3) "Community decay" means a public nuisance created by allowing rubble, debris, 



junk or refuse to accumulate resulting in conditions that are injurious to health, 

indecent, offensive to the senses or which obstruct the free use of property so as to 

interfere with the comfortable enjoyment of life or property. It must affect more 

than one person and/or establishment. 

Community decay does not include: 

a) Normal farming, ranching or other agricultural operations, or apply to a farm, 

ranch, or other agricultural facility, or any appurtenances, thereof, during the 

course of its normal operation; 

b) Normal activities at a shooting range; 

c) Persons servicing, manufacturing or processing materials, goods or products 

on lots in public view, so long as the materials used in the normal operation of 

the business are neatly stacked or piled; 

d) Normal residential maintenance or landscaping; 

(4) “Department” means the Gallatin County office that will respond to Community 

Decay complaints including the Compliance, Planning, and City-County Health 

Departments, or any other office designated by the Gallatin County Commission. 

(5) “Governing Body” means Gallatin County Commission. 

(6) “Nuisance” means anything which is injurious to health, indecent or offensive to 

the senses, or an obstruction to the free use of property, so as to interfere with the 

comfortable enjoyment of life or property, or which unlawfully obstructs the free 

passage or use, in the customary manner, of any navigable lake, river, bay, stream, 

canal or basin or any public park, square, street, or highway. 

A nuisance does not include anything which is done or maintained under authority 

of a statute, nor does it include the normal operations of an agricultural or farming 

operation that have been in operation longer than the complaining residents and/or 

establishments. (§ 27-30-101, MCA) 

(7) "Person" means an individual, firm, partnership, company association, 

corporation, city, town or any other entity whether organized for profit or not. 

(8) "Public nuisance" means a nuisance, which affects, at the same time, an entire 

community or neighborhood or any considerable number of persons, although the 

extent of the annoyance or damage inflicted upon individuals may be unequal. 

(§ 27-30-102, MCA) 

(9) "Public view" means any area visible from a point up to six feet above the surface 

of the center of a public roadway as defined in § 60-1103(22), MCA. 

(10) "Shielding" refers to fencing or other manmade barriers to conceal community 

decay from public view. It also refers to natural barriers. Any shielding barrier 

must conform to all local zoning, planning, building and protective covenant 

provisions. Any shielding is to be of sufficient height so that none of the 

violations on the premises is visible to public view. This is not intended to 

require that permanent buildings, other structures, utility poles or any farm 

buildings, ranch buildings, or other agricultural facilities or appurtenances are to 

be included in this and be shielded. 

SECTION 2. PURPOSE AND GOVERNING BODY 

A. Pursuant to § 7-5-2111, MCA, the purpose of this Ordinance is to regulate, control, and 

prohibit conditions that contribute to community decay on or adjacent to all public 



oadways within Gallatin County. 

B. The governing body to administer this Ordinance is the Gallatin County Commission 

through its designated department. 

SECTION 3. PROHIBITIONS 

It shall be a violation of this Ordinance to own or maintain any public nuisance that 

results in community decay visible from a public roadway. 

No person shall accumulate rubble, debris, or refuse that, upon investigation, is deemed 

to be a public nuisance as defined by this Ordinance. Material that may constitute 

community decay includes, but is not limited to, bricks, concrete, wood, cardboard, paper, 

pallets, tires, dead animals/animal parts, dirt, demolition waste, junk vehicles, wrecked 

trailers, iron, metal, machine parts, appliances, and barrels. 

SECTION 4. SHIELDING 

The maintenance of materials that would be considered a public nuisance under this 

ordinance shall be lawful if such materials are shielded from public view in accordance 

with the following standards. 

(1) All plans for shielding shall be approved by Gallatin County prior to commencing 

construction of shielding. 

(2) When fences are used for shielding, the boards may be spaced and/or slanted to 

reduce wind load. The space between boards when viewed from a broad-side may 

not be more than 1½ inches wide. Chain link fences with standard fiberglass or 

similar inserts are acceptable, provided the gap between adjacent inserts does not 

exceed 1½ inches. 

(3) No more than one of the approved shielding materials shall be used on any one 

side of a shielding fence. 

(4) The fencing is to be maintained by the property owner or occupant in a neat and 

workmanlike manner and shall be replaced and/or repaired when necessary. 

(5) Screening with trees and shrubs must provide a similar degree of shielding at all 

times of the year. Trees and shrubs may best be used in conjunction with other 

shielding materials. A berm may also be used, provided the slopes of the berm are 

covered and graded smooth, with not less than three inches of top soil, and seeded 

with a weed free seed mix. 

(6) Any shielding must conform to all local zoning, planning, building code and 

protective covenant provisions applicable to the property and shall be sufficient 

height that none of the nuisance materials on the premises is visible to public 

view. 

(7) The material being shielded may not present a threat to public health and safety. 

SECTION 5. CORRECTIVE ACTION 

A. Upon its own initiative, or within thirty (30) days of receiving a completed complaint 

form (signed by 2 or more people) that a condition of community decay exists, the 

County shall inspect the subject property to determine whether there is a violation of this 

ordinance. Complaint forms are available at the Gallatin County Compliance Department. 

B. If it is determined that this ordinance has been violated, the County shall notify the 

owner, manager or lessee of the property, or other responsible party in writing of the 



violation by certified mail, return receipt, and order corrective action, or submission of a 

corrective action plan within thirty (30) days of their receipt of the letter. The notice of 

violation shall: 

(1) Include a statement specifically describing the violation. 

(2) Specify that the owner, manager, or lessee, or other responsible party has thirty 

(30) days from receipt of such notice to bring the property into compliance, or to 

submit a corrective action plan that will comply with this Ordinance. 

(3) Advise the owner, manager, or lessee, or other responsible party that if the 

violation is not resolved, the County may undertake corrective action, and assess 

the costs to the owner. 

C. Upon receipt of a notice of violation, the owner, manager or lessee, or other responsible 

party, may submit a corrective action plan to Gallatin County, which shall include: 

(1) A complete description of the corrective action to be undertaken. 

(2) The date for commencement of the corrective action. 

(3) The date for completion of the corrective action. An extension may be granted at 

the discretion of Gallatin County. 

D. The county may accept or reject the plan, accept the plan with modifications, or request 

additional information before making a final determination. 

E. The owner, manager or lessee, or other responsible party may appeal Gallatin County’s 

final decision according to the procedure set forth in Section 6. 

SECTION 6. APPEAL PROCESS 

A. An alleged violator may appeal a department’s decision in writing via certified mail to the 

Gallatin County Commission within ten (10) days of the department’s final decision 

regarding: 

(1) A determination that a community decay violation exists, 

(2) Rejection of a corrective action plan, or 

(3) The assessment of a fine for noncompliance. 

The Commission shall hold a hearing within forty-five (45) days from the date that the 

appeal was received. The Commission shall, in writing, affirm, modify or withdraw the 

department’s decision within thirty (30) days after the hearing. Once an appeal for a 

hearing has been made, the department’s decision shall be stayed until the Commission 

has held the hearing and affirmed, modified or withdrawn the determination of the 

department. 

If a violator fails to resolve a violation upon order from the Commission, the department 

shall be authorized to remedy the violation, and assess costs to the property owner, 

manager, or lessee. In the event that a violator does not appeal the department’s decision, 

and fails to resolve the violation, the department will bring the matter before the 

Commission for authorization to complete the corrective action, and assess costs to the 

property owner, manager, or lessee. If the assessment is not paid, it shall become a lien 

upon the property and may be enforced, as is non-payment of property taxes. 

B. A violator may appeal to the Eighteenth Judicial District Court from any final order or 

determination of the Commission. 

SECTION 7. ENFORCEMENT AND PENALTIES 

A. Criminal Penalty 



A violation of this Ordinance, or plan approved under this Ordinance or order issued 

under this ordinance shall constitute a misdemeanor. A person convicted of a violation 

under this Section shall be fined not more than $500. Each day of violation shall 

constitute a separate offense and be punishable as such. 

B. Injunction 

Action under Section 5 of this Ordinance does not bar enforcement of this Ordinance or 

orders issued under it by injunction or other appropriate remedy. 

C. Fines 

(1.) The department may assess violators fines of up to $500 per day of violation for 

noncompliance. When determining a fine, the department shall consider the nature, 

circumstances, extent and gravity of the violation, any prior history of such violations, 

the degree of culpability, and such other matters as justice may require. In addition, 

the violator may be required to pay all costs and expenses involved in the case. 

(2.) An alleged violator may appeal the assessment of a fine to the County Commission as 

set forth in Section 6. 

SECTION 8. JURISDICTION 

This Ordinance applies to all of Gallatin County, except incorporated municipalities. 

SECTION 9. EFFECTIVE DATE 

This Ordinance shall be in full force and effect thirty (30) days after its final passage and 

adoption by the Gallatin County Commissioners. 

SECTION 10. COMPATIBILITY 

Nothing in this Ordinance or § 7-5-2110, MCA, may be construed to abrogate or affect 

the provisions of any lawful ordinance, regulation or resolution that is more restrictive 

than the provisions of this section or § 7-5-2110, MCA. 

SECTION 11. SEVERABILITY 

If any provision of this Ordinance is held to be invalid, such invalidity shall not affect 

other provisions which can be given effect without the invalid provision. To this end, the 

provisions of this Ordinance are to be severable. 

The Gallatin County Clerk and Recorder shall post a copy of this ordinance and shall 

make copies available to the public upon 1st Reading and Approval of this ordinance. 

This ordinance shall take effect thirty (30) days after its 2nd Reading and Approval. 

1st Reading and Approval: August 24, 2004. 


/s/ John Vincent_________________________________ 

John Vincent, Chairman 

/s/ Bill Murdock_________________________________ 

Bill Murdock, Member 

excused________________________________________ 

Jennifer Smith Mitchell, Member 

ATTEST: 

_/s/ Shelley Vance____________________ 



Shelley Vance 

Clerk and Recorder 

2nd Reading and Approval: September 7, 2004. 


/s/ John Vincent_________________________________ 

John Vincent, Chairman 

Excused_______________________________________ 

Bill Murdock, Member 

/s/ Jennifer Smith Mitchell_________________________ 

Jennifer Smith Mitchell, Member 

ATTEST: 

/s/ Shelly Vance________________ 

Shelley Vance 

Clerk and Recorder 



APPENDIX C – PROPOSED REPLACEMENT SECTION 4.02 

Transfer of Development Rights (TDR) Option 

4.02.1 Intent. The intent of this section is to offer opportunities to transfer development rights 

within a given zoning district or between zoning districts. The purpose of the TDR 

program is to protect agricultural and environmentally sensitive lands while offering 

landowners flexibility in development options. 

4.02.2 Definition. Transfer of Development Rights or TDR is a market based technique 

that encourages the voluntary transfer of growth from places where a community 

would like to see less development (sending areas) to places where a community 

would like to see more development (receiving areas). 

4.02.3 Development Rights Defined. A development right is the right to construct a singlefamily 

dwelling unit on a parcel other than the parcel from which the density unit is 

being transferred. It restricts development in the sending areas and increases the 

density in the receiving areas. 

4.02.4 Authorized Development Rights Uses. 

1. RW-160 District. Parcels within the RW-160 District have one (1) principal 

development right for an allowable principal use and parcels of 160 acres (or 

qualified parcels) also qualify for three (3) additional development rights that may 

be used pursuant to Cluster Subdivision Provision (Section 4.01) for a combined 

possibility of four (4) development rights that may be used onsite. The principal and 

additional development rights may be transferred to a designated receiving area 

within Gallatin County, pursuant to the provisions of this Section. 

As a means to preserve the wildlife corridor along the base of the Bridger Mountain 

Range and increases the option for continuing agriculture and to transfer 

development to areas more appropriate for increased density, the property owner of 

a 160-acre parcel (or qualified) may transfer development rights to an approved 

receiving area within Gallatin County; and as an incentive for transferring 

development, each development right (principal and additional) transferred out of 

the area is equal to two (2) development rights. Therefore, a development right used 

onsite is valued at one (1) development right, but if the development right is 

transferred to a designated receiving area within Gallatin County it has a value of 

two (2) development rights. The increases value of development rights only applies 

to the development rights transferred. Other combinations exist. 


single family dwelling (principal development right) may choose to create a two- (2) 

lot subdivision pursuant to Cluster Subdivision Provision (Section 4.01), and may 

then transfer the one (1) additional development right remaining to a designated 



eceiving area within Gallatin County at a value of two (2) development rights 

because it is transferred out of the area. 

2. AR-80 District. Parcels within the AR-80 have one (1) principal development right 

for an allowable principal use and parcels of 80 acres (or qualified parcels) also 

qualify for one (1) additional development right that may be used pursuant to the 

Cluster Subdivision Provision (Section 4.01) onsite, or the additional development 

right may be transferred to an approved designated receiving area within Gallatin 

County. 

As a means to increases the option for continuing agriculture and to transfer 

development to areas more appropriate for increased density, the property owner of 

an 80-acre parcel (or qualified) may transfer development rights to an approved 

designated receiving area within Gallatin County. Each development right 

(principal and additional) is equal to one (1) development right each. 


single family dwelling (principal development right) may choose to create one (1) 

additional lot pursuant to the Cluster Subdivision Provision (Section 4.01); or 

transfer the one (1) additional development right to a designated receiving area. 

Other combinations exist. 

4.02.5 Number of Development Rights Which May Be Transferred. 

1. RW-160 District: A 160 acre-parcel (or qualified parcel) has up to four (4) 

development rights to use onsite or up to eight (8) development rights that may be 

transferred to an approved designated receiving area within Gallatin County. Using 

only one (1) development right or any authorized combination (onsite or 

transferred) is allowed. 

2. AR-80 District: An 80 acre-parcel (or qualified parcel) has up to two (2) 

development rights (principal and one additional) that may to transferred to an 

approved designated receiving area within Gallatin County. Using only one (1) 

development right or any authorized combination (onsite or transferred) is allowed. 

4.02.6 Sending Areas. Parcels within the AR-80 District and RW-160 District. 

4.02.7 Receiving Areas. Any approved receiving area within Gallatin County, which may have 

been designated a receiving area prior or subsequent to the adoption of these 

Regulations. 

4.02.8 Mechanism for Transferring Development Right. 

A property owner may transfer a development right after securing a Conditional Use 

Permit as specified in Section 5.04. The development right(s) transferred shall be 

recorded on the Deed of the sending area parcel. It shall indicate the number of 

development rights transferred, the number remaining on the parcel, and the designated 

receiving area in receipt of the development rights. 



4.02.9 Future Expanded TDR Programs. 

At adoption of these Regulations there is not a countywide Transfer of Development 

(TDR) Program in Gallatin County. If in the future the County Commission approves a 

countywide or inter-district TDR program, Reese Creek Zoning District will 

automatically qualify for participation. The mechanism and all other requirements of 

the TDR provisions of these Regulations shall apply to Reese Creek Zoning District. 

4.02.10 Recording of Transfer of Development Rights. 

Transfer of development rights shall become effective after the transferring landowner 

has recorded with the Clerk and Recorder of Gallatin County and the Gallatin County 

TDR Coordinator or Zone Enforcement Agent, a document identifying the sending tract 

of record and indicating the number of development rights transferred and the number of 

any development rights remaining on the sending-area tract of record. 

4.02.11 District Record. 

A current record of development rights and record of all transfers of development 

rights shall be maintained by the Gallatin County TDR Coordinator or Zone 

Enforcement Agent and stored in the Planning Department.

reese creek zoning district regulations and map - Gallatin County ...

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