Category Archives: News

Historic Mapping & Woody Encroachment

The Chronicle covers a new map using aerial photos to reveal long-term changes in the Montana landscape. It’s quite interesting to see how things have changed.

You can try it out for yourself at the Montana Landscape Explorer site.

Tip: the map is easier to work with if you use the full-screen option. If you switch to satellite view, you’ll also find that it includes Headwaters Economics’ wildfire hazard layer.

Montana NRCS cites woody encroachment as a big issue:

Montana’s productive grasslands provide habitat for incredible populations of diverse wildlife and forage for the state’s important grazing economy.

Encroaching trees like juniper and Douglas fir are threatening these services by degrading habitat and making it harder for the families who have stewarded these lands for generations.

The maps for my area date to 1948, and I can definitely see substantial expansion of the Douglas fir forest on Green Mountain. This may be part of the story behind declining mule deer populations noted in the region.

There’s potentially a big caveat: climate impact studies project a huge reversal of the woody encroachment trend. Much of the northern Rockies may revert to a sagebrush ecosystem due to changing temperature and moisture. However, if the mechanism of that forest decline is fire and pests, it won’t be a smooth ride for us.

State of the Insurance Market

We’ve recently heard of a few people losing their homeowner’s insurance in Montana, including one in Bridger Canyon. The NYT has several recent articles on insurers dropping coverage due to increasing losses, driven primarily by severe storms rather than wildfire.

Whatever the cause, this seems like a significant challenge to homeowners in Bridger Canyon. We’d love to hear your experiences, in the comments here or via email.

Short Term Rental Proceedings

Caretaker’s Residence Revocation

In the November Planning & Zoning hearing, the commission revoked a Caretaker’s Residence CUP, on the grounds that use as a short term rental contradicted conditions of approval and did not constitute bona fide caretaking. This is the second similar instance of revocation in Bridger Canyon.

Materials and a recording of the hearing are here:

https://gallatincomt.virtualtownhall.net/planning-community-development/pages/planning-zoning-commission-public-meetings-agendas

Switch to the “Past” tab. (See navigation screenshots below.)

Appeal and Interpretation of Use

On Jan. 11, the commission will consider a related question: are short term rentals (STRs) a permitted use for a primary residence. As you may recall, the 2021 zoning update omitted a section drafted by the advisory committee that would have provided an explicit classification for STRs, with some standards. That left STRs in a regulatory limbo: are they permitted, because they are an incidental use of a residence, as the appeal contents, or are they forbidden, because unlisted uses are excluded? The zoning provides a way to resolve these questions through an Interpretation of Use (see section 3.8.b. of the Admin regulation, https://gallatincomt.virtualtownhall.net/sites/g/files/vyhlif606/f/pages/adminreg_04_22.pdf ). That is essentially what will happen in the hearing, though it will be in the context of an appeal.

The county’s current opinion on this is clearly presented on its STR FAQ page. In short, unlisted uses are not permitted. In Bridger Canyon, short term rental uses are available only the Base Area, not the AE and RF districts that span the rest of the canyon:

STR FAQ

STR Survey

Regardless of the outcome, we think it would be better for the zoning regulation to be explicit about STRs, so that permissible uses and distinctions from related classifications like Guest Ranches and Overnight Accommodations are clear. Therefore we’re interested in your opinion, not only for the pending matter, but also a future zoning amendment. Please give us your feedback in the following survey:

https://forms.gle/BK4xySf7iAWQh6sC6

The form has three fairly brief parts. Page 1 repeats some questions that we asked in 2016, when the zoning advisory committee originally drafted an STR standard. Page 2 considers some additional questions related to the recent and pending hearings. Page 3 seeks feedback on the current draft, which is now 5 years old.

We’ll share the survey more widely in a few days, but we’re giving email subscribers a first shot at it as you are most likely to have followed these issues over the long term. Please take a look soon, because we’re just over a week out from the hearing.

Update: see the subsequent post for more background on STRs.

Caretakers Residence and Guesthouse Extensions

The Jan. 11 hearing will consider two additional matters: extensions of a pair of Conditional Use Permits for a Guesthouse and Caretaker’s Residence. These classifications no longer exist except as nonconforming uses; they have been replaced by the Accessory Dwelling standard.

BCPOA considers these extensions to be a potentially troublesome precedent. Detailed testimony is here: BCPOA-Appert.final.231212.pdf

Hearing Materials

If you’d like to follow the hearing itself, the agenda is posted at:

https://gallatincomt.virtualtownhall.net/planning-community-development/pages/planning-zoning-commission-public-meetings-agendas

Switch to the “Upcoming” tab. The Staff Report is available via the “Related Documents” link in the agenda. Direct links don’t work, so for convenience I’ve uploaded a copy here: 4.a_Lewis_Appeal_PZ_SR_Complete_1-11-24.pdf (45MB) – but for legal purposes you should consult the county site.

navigate upcoming related documents
The Staff Report is a rather daunting document at 383 pages. However, you don’t need to read the whole thing unless you want the deep background. The key pieces are enforcement officer Megan Gibson’s report, pages 1-12, and the appeal brief, appellant exhibit 2, pages 16-24.

Public Comment

If you want to comment, you can always submit written testimony to Planning@gallatin.mt.gov – details and some advice under the Submitting Testimony heading here.

You can also comment at the hearing, in person or via Zoom.

Property Tax Rebates & Assessments

Collecting your rebate

The enrollment period for collecting your property tax rebate is now open. This involves some absurdly bureaucratic form-filling, but it should be worth it.

Before you start, you may need:

  • A glass of your favorite beverage – this might take a while.
  • Your property GeoCode. This is a 17-digit number on your property tax bill, but you can also look it up on the MT Cadastral map.
    • You must certify that you’ve lived in this residence for 7 months and paid the taxes.
    • An unstated assumption seems to be that rebates are one per household and available only for parcels classified with a dwelling. So, if you have more than one parcel, be sure to get the GeoCode for the principal residence.
  • Your property tax bills (for the total paid in 2022). Be sure to enter the total of both halves of the year.
  • Your property tax rebate notice letter. (You can skip this with no ill effect it seems, but they request an ID number from the letter.)
  • Your social security number. Presumably this needs to match the listed owner of the parcel.
  • Your MT income taxes (for questions about dependents and filing status).

To apply, visit the Property Tax Rebate link at the MT DOR transaction portal.

If you need documentation, or have other property tax questions, they’re administered by the Gallatin County Treasurer’s Tax Division.

The Assessment Mess

You’ve probably seen headlines to the effect that the legislature increased property taxes 40% this year. I’ve seen a variety of numbers between 30% and 43%. The legislature didn’t raise tax rates, but total taxes are likely to go up, because assessments are way up. However, it’s not a simple process: there are offsetting limits on county mill rates that partially compensate for the increased assessment.

Compounding this problem, the state has evidently not been following its own statutory requirements for school levies, which are set by the state. Broadwater County has asked the Attorney General, Austin Knudsen, for an opinion clarifying the situation and constraining the state to follow statute. The Montana Association of Counties has written a scathing letter to Gov. Gianforte, expressing unanimous support for Broadwater’s request, and dismay at the legislature’s failure to manage this situation. Excerpts:

Many of your statements indicate that local governments need to show more fiscal restraint
or “greater fiscal responsibility,” as you have often repeated. You seem to imply that appreciating home values, through your Department of Revenue reappraisal process, should compel local governments to mitigate the impacts when setting mill levies. While this is a great talking point and sounds good in theory, the message is misleading at best and overlooks the fact that county mills are capped by the provisions of MCA 15-10-420. When appraised values increase significantly and the taxable values of the jurisdiction rise, the number of mills we are authorized to levy decreases. Therefore, appreciating values actually decrease our levy authority.

During the legislative session, both the Legislature and your administration had the opportunity to further mitigate the impacts of reappraisal but elected not to do so. The Legislature controls the rate at which Class 4 Property is taxed, and when increases in appraised values for Class 4 Property are forecasted, as they were before the 2023 session, mitigation was an option. The rapid increase in residential property in Montana will result in a TAX REDUCTION for all other classes of property for county mills because we are mill-levy limited. Montana counties will levy less mills next year on all classes of property as a result of reappraisal. Residential property valuation increases will outpace all other classes, and the net result will be a reduction in all other classes because residential properties will shoulder a larger percentage of the total taxable value in any taxing jurisdiction. This is how our tax system works in Montana, and telling local governments to show greater fiscal restraint does not stop the burden from shifting to residential property taxpayers.

The letter further explains in detail how the mill levy formulas work in Montana.

I’m not sure we should hold our breath on this one. Apparently AG Knudsen has at best two weeks to act. He’s broken Tim Fox’s record for fewest opinions written per year, perhaps because he’s too busy defending the TikTok ban. Perhaps he needs a little encouragement:

DOJ email: contactdoj@mt.gov

DOJ contact form: https://dojmt.gov/about/

AG phone: 444-2026

Gov. Gianforte: governor@mt.gov

Gov. phone: 444-3111

2021 Newsletter & General Meeting

The 2021 BCPOA Newsletter is out. Read it here:

newsletter 2021 d.pdf

Virtual Annual Meeting June 8th, 7pm

BCPOA’s annual General Meeting of the membership sees the election of directors to represent you, and covers a variety of news from the year.

Location: Zoom—register at:

http://ow.ly/HMwu50EQQJi

Agenda

  • Adopt the Agenda
  • Minutes of 2020 Annual Meeting
  • Treasurer’s Report
  • Introduction of current board members
  • Review of Year
    • Zoning Updates
    • Permits and Amendments
    • Bridger Foothills Fire
  • BCPOA business
    • Dues
    • Crosscut Representative
  • Elections
    • Retiring Board members
    • Review of Board work and meeting times, dues requirement for voting
    • Board Chair election
    • Election of new Directors
  • New Business
  • Canyon Groups
  • Other Business

The discussion will include proposed bylaws amendments to adjust dues and appoint a board member representing Crosscut Mountain Sports. Details will be posted at BCPOA.net.

Fire Survey Results

Thanks to everyone who filled out the post-fire survey. It offers some useful guidance for us.

whereDoYouLiveSummary

The raw results follow, but here are some recurring themes:

Needs

Housing, labor, legal advice, revegetation advice. So far there’s been a big outpouring of community support, but please let us know if needs are unmet. We’re working on forestry and related issues, as are others.

What worked

  • Firefighters
  • Evacuation notices
  • Email, Facebook
  • Early packing and preparation
  • Checklists
  • Removing combustibles around homes
  • Mowing & defensible space
  • Watering

What would you do differently?

Often, the answer is “more of the above,” including in particular:

  • Fuel reduction and fireproofing
  • Prepare for power outages
  • Prepare home to save firefighter effort
  • Turn off propane (at tank and devices)
  • Leave earlier
  • Stay longer to defend area
  • Sprinkler system
  • Fill buckets
  • Scan documents

What could be improved?

  • Coordination of road closure and reopening information
  • Exclusion of gawkers
  • Horse trailer access

A big question on many minds is evidently, what happened to air support on Saturday morning? We don’t have an answer at present.

Communication

While many were happy with evacuation notification, this was also a sore point. We cross-checked comments about evacuation notice against locations:

  • Bridger Canyon Rd, Kelly Canyon to Jackson Creek: 2 positive, 1 negative
  • Bridger Canyon Rd, north of Jackson: 2 positive, 6 negative
  • Aspen Meadow: 2 positive, 0 negative
  • Jackson Creek: 0 positive, 1 negative

This is a small sample, but it does appear that a majority of respondents in the Bridger Canyon Road corridor north of Jackson Creek had a bad experience.

I think this is a fundamentally hard problem, due to the variety of media involved, the rapid evolution of the fire, etc. When the dust settles, we will share these thoughts with the agencies in order to improve.

Several people mentioned cell towers. Cell towers have been explicitly legal in the zoning regulation since BCPOA spearheaded an amendment in 2014, with input from Verizon and Atlas Towers. To date, the tower at Bridger Bowl is only occupied by Verizon. So the problem appears to be lack of provider interest. It’s not clear what we can do to sweeten the deal, but this bears some thought.

Full Results

The full results as of 9/12 are in Survey results as of 2020 09 12 4pm.pdf, slightly redacted to eliminate private or location-specific information.

Afterthoughts? Missed it?

The survey is still open at https://forms.gle/Tepu7MiqtVQrAiDw9