Two years of administrative and legal wrangling came to an end recently when the Montana Supreme Court told Randy Theken to remove his half-built barn below the “M.” This was an affirmation of both law and common sense.

To the residents of Bridger Canyon who invested their time and money to defend the zoning regulations in this matter, congratulations, your efforts were well spent and much appreciated. To the four members of the Bridger Canyon Zoning Commission (BCZC) who reviewed the facts, listened to the community and voted that the barn must be removed, thanks for standing with your regulations and your constituents. Thanks to Judge Salvagni, who affirmed the decision by the commission. And thanks to the Montana Supreme Court who saw the issue clearly in spite of what the court characterized as Mr. Theken’s efforts “to complicate an otherwise straightforward question.”

When a legal question winds its way all the way up to the Supreme Court, there should be some lessons learned beyond the details of building permits and “building envelopes,” lessons that strengthen the community.

First and foremost, is the simple maxim “Rules are rules.” If you can’t or won’t enforce rules, don’t make them. If it is your job to enforce existing rules, do it in an efficient, consistent and timely manner. After-the-fact administrative sleight of hand that forgives broken rules only encourages the breaking of rules in the first place. Much expense for all parties would have been avoided by Mr. Theken’s applying for a permit before starting his barn or working with the BCZD and his neighbors on a location or design that met the regulations. By proceeding solely on his own authority he has had to dismantle his barn.

“Well-conceived and strongly enforced land use planning is essential” said the Montana Supreme Court in 1995 when the court found in favor of Bridger Canyon Property Owners Association (BCPOA) when the property owners objected to higher than allowable density in the Bridger Bowl base area.

Perhaps this is a good opportunity for our organization, BCPOA, to cut through the jargon of planning and zoning and explain to Gallatin County residents just what we see is at stake in these zoning issues for both the residents and non-residents who enjoy the Canyon.

BCZD was created by grass-roots citizen petition 41 years ago to oversee an orderly and predictable process of development while fiercely guarding the qualities (water, air, wildlife, agricultural use, rural lifestyle) that define the ambiance of the Canyon and preserve the property values of those of us who live there. It has done a pretty fine job so far. For the second time in as many decades, the Montana Supreme Court has affirmed the core values and integrity of Bridger Canyon Zoning District.

Each of those Supreme Court cases, when you clear away the details, comes down to one simple concept: density. Here’s what the Master Plan said in 1971 (and still says, loud and clear, in 2012): “Agricultural preservation is a primary goal which is to be accomplished by limiting development to one housing unit per 40 acres, and providing for higher density under planned unit developments. The forty (40) acre minimum lot size is based on limiting population so that the capacity of the two (2) lane highway is not exceeded.”

In other words, once growth demands a widened road the rural and natural qualities of Bridger Canyon will be lost.

For the last several months a long overdue update of the Bridger Canyon Zoning Regulations has been underway. Reaffirming the original density restriction should remain the paramount objective – it goes right to the bottom line of property values. But over the last few years residents have seen indirect calls for higher density through a variety of dubious machinations and interpretations of the regulations. For both residents and those who travel the Canyon or recreate there this presages a gradual diminution of the space, the quiet, the wildlife and the vistas.

We look forward to working with the professionals in planning and our elected representatives in developing and enforcing a streamlined set of regulations that reaffirms and defends the core principle of density limitation, the clear intention of those who established the first zoning district in the State of Montana.

Kent Madin and Richard Lyon wrote this on behalf of the board of directors of the Bridger Canyon Property Owners Association.