Project Description

Adam and Brittni Hertz are requesting to use the family transfer exemption from subdivision review to divide their 5.36-acre property at 10414 Royal Coachman Drive in Missoula into two tracts (Lot 2A: 4.29 acres; Lot 2B: 1.07 acres). They plan to gift their three daughters the 1.07 acre of land. When the daughters turn 18, Adam and Brittni will transfer both tracts of lands to their three daughters.

Subdivision Regulations and Exemptions

Missoula County’s subdivision regulations promote public health, safety and general welfare by ensuring any subdivision of land in the County’s jurisdiction provides for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress and other public requirements. Many requests to divide land must go through the subdivision process to ensure these requirements are met, but certain types of land division are exempt from subdivision review. Landowners can apply for one or multiple subdivision exemptions when their development plans meet the state and local requirements for the applicable exemptions.

Being granted these exemptions means the property owner does not need to go through the standard subdivision review process to divide their property. These requests require administrative review by planning staff and, in some cases, may require approval by the county commissioners to ensure the applicant is not evading these regulations.

• Family Transfer Exemption
  Landowners can request a family transfer exemption when they intend to divide their property to gift or sell the newly created parcel(s) to an immediate family member.

View subdivision exemption criteria.

What is a family transfer?

Montana law specifically allows landowners to divide land and gift or sell one parcel per immediate family member (like a child, parent or spouse), without full subdivision review.

Requests for family transfers must always come before the commissioners. Missoula County considers dozens of family land transfers every year. It’s not rare — other counties across Montana regularly process these applications too. It’s not a loophole — it’s in the law for a reason: to help families live near each other or pass down land. It’s does not skirt regulations — the process requires surveys, documentation, fees and approval by county commissioners.

The landowner and recipient must be real people, not LLCs or corporations. It can only be used once per family member per county.

Project Timeline

Board of County Commissioners hearing: Thursday, Oct. 23, 2 p.m.

• In-person location: Sophie Moiese Room, Missoula County Courthouse Annex, 200 West Broadway, Missoula
• Virtual option: Residents can attend the meeting via Microsoft Teams. To join the call on your phone, call 406-272-4824, Conference ID 467 457 758#. To join the meeting on your device, follow the links on the agenda that will be published at http://missoula.co/bccmeetings(External link).

Public Comment

Submit public comment by using the comment tool below.

Project Lead

Katy Reeder, 406-258-3707, kreeder@missoulacounty.us

Important Links and Documents

Hertz Family Transfer Application

Maps and Affidavit

Project Description:

James and Laurie McAlister are requesting to use the family transfer exemption to divide their 3.73-acre property at 3912 S 7th St. W. into three lots. They plan to gift two of these lots to their adult children, Caleb McAlister and Jessica (McAlister) Lewis, and keep the remaining lot.

• Tract 61A (1.44 acres) to Caleb McAlister
• Tract 61B (1.44 acres) to Jessica (McAlister) Lewis
• Tract 61C (1.11 acres) to be owned by James and Laurie McAlister

The McAlisters have also applied for an aggregation exemption from subdivision review to expunge a historic boundary line that was contained within the parent tract, which had been identified by the Missoula County Clerk and Recorder.

Subdivision Regulations and Exemptions:

Missoula County’s subdivision regulations promote public health, safety and general welfare by ensuring any subdivision of land in the County’s jurisdiction provides for adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress and other public requirements. Many requests to divide land must go through the subdivision process to ensure these requirements are met, but certain types of land division are exempt from subdivision review. Landowners can apply for one or multiple subdivision exemptions when their development plans meet the state and local requirements for the applicable exemptions.

Being granted these exemptions means the property owner does not need to go through the standard subdivision review process to divide their property. These requests require administrative review by planning staff and, in some cases, may require approval by the county commissioners to ensure the applicant is not evading these regulations.

• Family Transfer Exemption
  Landowners can request a family transfer exemption when they intend to divide their property to gift or sell the newly created parcel(s) to an immediate family member.
• Aggregation Exemption
  Landowners can request an aggregation exemption when the division or combination of parcels will not create new lots or otherwise significantly alter the development potential.

View subdivision exemption review criteria

ProjectTimeline

County Commissioners Hearing: Thursday, Oct. 23., 2 p.m.

• In-person location: Sophie Moiese Room, Missoula County Courthouse Annex, 200 West Broadway, Missoula
• Virtual option: Residents can attend the meeting via Microsoft Teams. To join the call on your phone, call 406-272-4824, Conference ID 467 457 758#. To join the meeting on your device, follow the links on the agenda that will be published at http://missoula.co/bccmeetings.

Public Comment:

Submit public comment using the comment tool below.

Project Lead:

Kevin Dantic, 406-258-4652, kdantic@missoulacounty.us

Related Links and Documents:

McAlister Family Transfer

Existing and Proposed Conditions

3912 S 7^th St. W - Aerial

Project Description

The Missoula County Planning, Development, & Sustainability Department (PDS) has received Floodplain Development Permit Application #26-03 from Gregory Axtman for electrical utility work.

The primary purpose of a Floodplain Development Permit is to promote the public health, safety, and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the floodplain.

Project Location

The site is located at 1744 Snowmass Drive in the Clearwater River regulated flood hazard area: Parcel 15 of COS 5140, Section 04, Township 16 North, Range 15 West, Missoula County. See location here.

The full application is available for review online or in the PDS office at 127 E. Main St., Suite 2, in Missoula.

Please feel free to call 406-258-4657 or email floodplain@missoulacounty.us with any questions or to make an appointment to review the permit application.

Public Comment

Submit comments by 5 p.m., Friday, Oct. 17, by using the comments tools below, by emailing floodplain@missoulacounty.us or mailing to Planning, Development, & Sustainability, Attn: Matt Heimel, Floodplain Administrator, 200 W. Broadway St., Missoula MT 59802.

Related Documents and Links

Floodplain Permit Application

Application Signatures

Site Map

This permit is subject to approval by the floodplain administrator and does not go before the Board of County Commissioners.

Project Description

The Missoula County Planning, Development, & Sustainability Department (PDS) has received Floodplain Development Permit Application #26-04 from Blackfoot Communications for installation of telecommunication lines.

Project Location

Sites 1 & 2, in the Bitterroot River regulated flood hazard area, are near 10974 Oral Zumwalt Way, Section 25, Township 12N, Range 20W. See site map here.

Site 3, in the Miller Creek regulated flood hazard area, is near 3200 Trails End Road, Section 19, Township 12N, Range 19W. See site map here.

The full application is available for review online or in the PDS office at 127 E. Main St., Suite 2, in Missoula.

Please feel free to call 406-258-4657 or email floodplain@missoulacounty.us with any questions or to make an appointment to review the permit application.

Public Comment

Submit comments by 5 p.m., Friday, Oct. 17, by using the comments tools below, by emailing floodplain@missoulacounty.us or mailing to Planning, Development, & Sustainability, Attn: Matt Heimel, Floodplain Administrator, 200 W. Broadway St., Missoula MT 59802.

Related Documents and Links

Site 1 Permit Application

Site 2 Permit Application

Site 3 Permit Application

This permit is subject to approval by the floodplain administrator and does not go before the Board of County Commissioners.

Project Description

The Missoula County Planning, Development, & Sustainability Department (PDS) has received Floodplain Development Permit Application #26-01 from Carter Beck for a new solar panel array.

The primary purpose of a Floodplain Development Permit is to promote public health, safety, and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the floodplain.

Project Location

The site is located at 4860 Sundown Road in the Clark Fork River regulated flood hazard area: Lot W2 109 of Orchard Home Company’s Addition #6, Section 35, Township 13 North, Range 20 West, Missoula County.

See location here.

The full application is available for review online or in the PDS office at 127 E. Main St., Suite 2, in Missoula.

Please feel free to call 406-258-4657 or email floodplain@missoulacounty.us with any questions or to make an appointment to review the permit application.

Public Comment

Submit comments by 5 p.m., Friday, Oct. 17, by using the comments tools below, by emailing floodplain@missoulacounty.us or mailing to Planning, Development, & Sustainability, Attn: Matt Heimel, Floodplain Administrator, 200 W. Broadway St., Missoula MT 59802.

Related Documents and Links

Application with floodway certification

4860 Sundown Road – Elevation Exhibit

National Flood Hazard Layer FIRMette

Construction Documents

This permit is subject to approval by the floodplain administrator and does not go before the Board of County Commissioners.

Project Description

The Missoula County Planning, Development, & Sustainability Department (PDS) has received Floodplain Development Permit Application #26-06 from Clark Fork Coalition for a stream restoration project in the Miller Creek regulated flood hazard area.

The primary purpose of a Floodplain Development Permit is to promote public health, safety and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the floodplain.

Project Location

The site is located at 9163 Lehman Lane, Lot 2B of Lehman Addition, Section 19, Township 12N, Range 19W, Missoula County. See site map here.

The full application is available for review online or in the PDS office at 127 E. Main St., Suite 2, in Missoula.

Please feel free to call 406-258-4657 or email floodplain@missoulacounty.us with any questions or to make an appointment to review the permit application.

Public Comment

Submit comments by 5 p.m., Friday, Oct. 17, by using the comments tools below, by emailing floodplain@missoulacounty.us or mailing to Planning, Development, & Sustainability, Attn: Matt Heimel, Floodplain Administrator, 200 W. Broadway St., Missoula MT 59802.

Related Documents and Links

Floodplain Permit Application

Project Drawings

Engineering Report

This permit is subject to approval by the floodplain administrator and does not go before the Board of County Commissioners.

Project Description

The Missoula County Planning, Development, & Sustainability Department (PDS) has received a floodplain development permit application (#26-07) from City of Missoula for final channelization work in the Grant Creek regulated flood hazard area.

The project aims to complete work for realignment of this section of Grant Creek, enhancing floodplain function, restoring channel sinuosity and promoting water quality.

The primary purpose of a Floodplain Development Permit is to promote public health, safety and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the floodplain.

Project Location

The site is located on multiple parcels near a segment of Grant Creek referred to as “Horseshoes Bend”, southeast of Whipporwill Drive and southwest of West Broadway in the Sxwtpqyen Neighborhoods Planning Area. See location here.

• Tract 1-A of COS 6916 (Section 01, Township 13 North, Range 20 West)
• Tracts 2 of COS 6758 (Sections 01 and 06, Township 13 North, Range 20 West)
• Tract 3 of COS 6758 (Sections 01 and 06, Township 13 North, Range 20 West)
• Tract 4 of COS 6758 (Sections 01 and 06, Township 13 North, Range 20 West)

The full application is available for review online or in the PDS office at 127 E. Main St., Suite 2, in Missoula.

Please feel free to call 406-258-4657 or email floodplain@missoulacounty.us with any questions or to make an appointment to review the permit application.

Public Comment

Submit comments by 5 p.m., Friday, Oct. 17, by using the comments tools below, by emailing floodplain@missoulacounty.us or mailing to Planning, Development, & Sustainability, Attn: Matt Heimel, Floodplain Administrator, 200 W. Broadway St., Missoula MT 59802.

Related Documents and Links

Floodplain Permit Application

Project Plans

Conditional Letter of Map Revision

Conditional Letter of Map Revision Comment Document

This permit is subject to approval by the floodplain administrator and does not go before the Board of County Commissioners.

Project description

Corey Miller with 700 SW Higgins LLC is requesting a boundary line relocation for property located at 4055-4085 Rooster Ridge on the west side of the Missoula Valley, southwest of the Missoula airport. The property was formerly known as the Deschamps Ranch.

Miller, a regenerative farmer, operates the property as Grass Valley Farms. The property owner intends to rearrange property boundaries for 13 parcels to align tract boundaries with zoning boundaries to achieve better and more convenient compliance with zoning regulations, while also considering the various floodplain locations, irrigation infrastructure, and legal and physical access.

The applicant’s goal is also to optimize land use and potentially increase the value of the affected properties for their highest and best use. Any future subdivision or development proposals for the property would require additional review and approval.

IMEG, representative for 700 SW Higgins LLC, is requesting to use the Relocation of Common Boundaries Exemption to the Montana Subdivision and Platting Act, which is a division that adjusts the boundary between adjoining tracts of land outside of a platted subdivision, per MCA §76-3-207(1)(a).

Missoula County Subdivision Regulations Section 8.6.13 describes a Relocation of Common Boundaries as a division of land that redesigns or rearranges the boundaries of tracts of record but does not result in an increase in the total number of lots and/or tracts.

The proposal includes boundary line relocations affecting 13 parcels encompassing approximately 670 acres. The legal descriptions of those tracts are shown in Attachment A.

MCA §76-3-207(2) requires the governing body to review boundary line relocations that rearrange six or more lots.

Project timeline

Board of County Commissioners Public Meeting: The county commissioners will hold a public hearing for this request at 2 p.m. Thursday, Sept. 11, in the Sophie Moiese Room of the Missoula County Courthouse Annex, 200 W. Broadway in Missoula. Participants can also join the meeting via Microsoft Teams. The agenda and information on how to join virtually will be available at http://missoula.co/bccmeetings.

Public comment

Submit public comment by using the commenting tool below.

Project lead

Jennie Dixon, 406-258-4946, jdixon@missoulacounty.us

Important links and documents

Legal Descriptions (Attachment A)

Boundary Line Relocation Map

Background

All tracts involved are zoned and fall within the boundaries of the 2019 Land Use Element, an update to the 2016 Missoula County Growth Policy. The plan recommends increasing residential density moving east on the property. The western majority of the property is recommended for Open and Resource Land Use along with Rural Residential and Agriculture, transitioning to Rural Residential/Small Agriculture and higher density residential on the east side of the property. The current zoning of the property, applied in 2022, matches the land use designations.

One of the stated goals of this proposal is to align tract boundaries with zoning boundaries to achieve better and more convenient compliance with zoning regulations. There are flood hazards from Butler Creek and the Grass Valley French Ditch on the current and proposed tract configurations, though the floodplain analysis shows a low risk of water flooding the road. Public safety concerns and floodplain regulations will be addressed prior to development.

Existing Tract Layout:

Proposed Tract Layout: