This page is a repository for questions and answers about zoning and other permits, with a focus on issues that might arise in the course of rebuilding from the fire.
Am I in the Bridger Canyon Zoning District?
You can check the district map. Roughly, the district extends from the M and fish hatchery at the south, to Ross Peak Ranch at the north. The Bridger crest is the west edge, and the east boundaries are south of the crest on Kelly Canyon, and near I90 on Jackson Creek.
Almost everyone is in the AE subdistrict, Chapter 6 of the zoning regulation.
Where are the regulations?
The governing documents for the district are discussed here. The actionable requirements are in the Zoning Regulation.
What permits do I need?
For a house and some accessory buildings:
- A Land Use Permit from the Planning Department
- A wastewater treatment permit for septic systems from Gallatin Health
- Generally there are no structural building codes, except for state electrical permits.
- New driveways on Hwy 86 may require a road approach permit from MDOT.
Accessory dwellings (known as Guesthouses and Caretaker Residences in the zoning) and some accessory buildings require a Conditional Use Permit, which requires a hearing before the Planning and Zoning Commission.
What requirements apply?
- The proposed use must be a listed use in the district, as in sections 6.2-6.4 of the Zoning Regulation.
- Short term rentals (e.g., AirBnB) are not a listed use.
- No commercial uses other than a licensed Bed & Breakfast are allowed. Home occupations are permitted with restrictions on customer visits. See sections 3.35, 6.2.
- There are minimum setbacks from roads, property lines, and watercourses.
- Density is limited to 1 dwelling per 40 acres, but smaller nonconforming parcels also generally have 1 development right.
- Building height is limited to 35 feet, less for flat roofs.
- Have your architect or builder specify dark skies lighting.
- There are requirements for parking (6.6), signs (16), and a number of other general standards (section 15).
Are there exceptions?
Rebuilding structures that were “nonconforming” and did not comply with current requirements (perhaps because they preceded zoning) may require a Variance (also a hearing item) – see Section 14.
Structures under 100 sq ft are exempt from permits (18.2), but still must comply with requirements.
Where should I start?
A trip to the Planning Department is a good first step. (Or these days, call or email.)
What’s BCPOA’s role?
BCPOA is not part of the government and has no regulatory power. We often give testimony on significant Conditional Use Permits. We’re happy to review your plans and otherwise help you with zoning compliance, document searches, and anything else.