Moccasin Court Administrative Appeal

Project background

MT Cavanaugh Rentals LLC has submitted an appeal of an administrative decision for the property located at 12201 Moccasin Court, in the West Valley area. The property is zoned Agriculture, Rural Residential (AGRR 5).

The property is currently being used as a commercial excavation business, which is not a permitted use within the AGRR 5 zoning district.

The applicant is challenging the decision of county staff in determining the current operation as an unpermitted use due to its history of a commercial dental manufacturing site, and that the commercial excavation business is an equivalent nonconforming legal use.

Property history

The property located at 12201 Moccasin Court was unzoned and was operating as a commercial dental manufacturing site. In 2022, the property became zoned as Agriculture, Rural Residential (AGRR 5). The commercial use was allowed to continue as a legal nonconforming use due to its limited impact.

In September 2025, the applicant purchased the property and expanded the property’s use by adding a commercial excavation business. Missoula County Planning, Development and Sustainability staff have determined that that commercial excavation business cannot operate as a legal nonconforming use because it is not an equal or more appropriate use for the zoning district, according to Section 10.4.B of the Missoula County Zoning Regulations.

Project timeline

Missoula County Consolidated Land Use Board: Wednesday, Dec. 2, 6 p.m.

This project is not subject to review by the Board of County Commissioners.