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Floodplain Development No. 26-03
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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
This permit is subject to approval by the floodplain administrator and does not go before the Board of County Commissioners.
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Floodplain Development No. 26-01
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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
This permit is subject to approval by the floodplain administrator and does not go before the Board of County Commissioners.
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Floodplain Development No. 26-06
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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
This permit is subject to approval by the floodplain administrator and does not go before the Board of County Commissioners.
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Hertz Family Transfer Exemption in Missoula
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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. All three daughters are minors, so Adam and Brittni will transfer this property to their daughters when turn 18.
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.
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. 2, 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 by using the comment tool below.
Project Lead
Katy Reeder, 406-258-3707, kreeder@missoulacounty.us
Important Links and Documents
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Grass Valley Farms Boundary Line Relocation (Missoula)
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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)
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:
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Billboard Variance – 2030 River Road, Missoula
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Eric Sweet of Lamar Signs has submitted a billboard variance request for the property at 2030 River Road, west of Reserve Street. (The property is owned by the Myrna L. Saulter Trust and is legally described in Book 485 of Micro Records Page 574 in the records of Missoula County.)
The applicant is requesting to remove two existing billboards from the property and install a new 41-foot digital billboard. The property is zoned C-I2 (Heavy Industrial), which allows digital billboards with a maximum height of 28 feet. Since the height of the proposed billboard exceeds this, the applicant must get a variance approved to build it.
What is a variance?
A variance is a relaxation of specific provisions of zoning regulations that can be granted if certain criteria can be met. The Board of Adjustment may only approve a zoning variance if it’s not contrary to the public interest and does not give an advantage to a particular business that is not enjoyed by other businesses in the same zoning district. They must evaluate proposed variances using the following criteria and find favorably that:
- The variance will not authorize a use that is not already allowed in the zoning district.
- The variance will not authorize additional density beyond what is allowed in the zoning district.
- Special conditions exist that are unique to the property, such as size, shape, topography or location, that do not apply to other lands in the same zoning classification.
- Literal enforcement of the provisions of the regulations will result in unnecessary hardship that is not of the applicant’s own making.
- Granting the variance will be in harmony with the general purpose and intent of these regulations and the Missoula County Growth Policy and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
- The request for the variance is not based on monetary factors.
Project Timeline
Board of Adjustment Public Hearing: Wednesday, Sept. 17, 6 p.m.
Participants may attend the public hearing in person in the Sophie Moiese Room of the Missoula County Courthouse Annex, 200 West Broadway in Missoula. Participants may attend the meeting virtually by accessing the meeting agenda and Microsoft Teams information at http://missoula.co/boameetings. To join the call on your phone, call 406-272-4824, Conference ID 311 766 349#.
This project is not subject to review by the Board of County Commissioners.
Public Comment
Submit public comment using the comment tool below before the Sept. 17 hearing.
Project Lead
Patrick Swart, 406-258-4841, pswart@missoulacounty.us
Related Links & Documents
2030 River Road Variance Application
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Billboard Variance – 5165 Hwy. 93 S., Missoula
Share Billboard Variance – 5165 Hwy. 93 S., Missoula on Facebook Share Billboard Variance – 5165 Hwy. 93 S., Missoula on Twitter Share Billboard Variance – 5165 Hwy. 93 S., Missoula on Linkedin Email Billboard Variance – 5165 Hwy. 93 S., Missoula linkAt their Aug. 20 meeting, the County Board of Adjustment voted unanimously to delay hearing this matter until Sept. 17. The reason for the delay was to allow adequate time for public comment after clarification of the public record and notice. Specifically, the notice has been clarified that electronic billboards may not flash or blink. Further, the applicant for the request is Lamar Advertising Company. As a result of the delay, the public is encouraged to comment on this request below until the Sept. 17 hearing.
Project Description
Lamar Advertising Company is requesting a billboard sign variance for the property owned by Lynore and Wendell Baer, located at 5165 Hwy. 93 S. in Missoula. (Legal description: Parcel 2A, COS #4924).
The request is to structurally alter the existing nonconforming billboard. Changes to this billboard beyond normal maintenance and upkeep are not permitted because it’s located in a Commercial Center (CC) zoning district, which does not authorize billboards. The County Board of Adjustment must approve a variance for any changes to this billboard beyond normal maintenance.
The existing billboard has been located on this property since 1978, with a variance approved in 1998 to relocate the billboard 80 feet south along the Highway 93 frontage. The billboard was approved to be moved but not enlarged or altered in any other way. The billboard was too close to the driveway, and customers were running into it with their vehicles, so the Board of Adjustment approved the move but no other changes to the billboard.
The proposed structural alterations to this billboard as part of the current request include converting it from static copy to an electronic sign. Digital copy on an electronic sign face may not flash or blink. Transitional techniques such as fading, scrolling or dissolving effects, are permitted.
The Missoula County commissioners adopted sign regulations in 2022 classifying billboards as appropriate only in industrial zoning districts, excluding commercial zones from allowing installation of billboards. The existing billboard can remain and be maintained, but the regulations state uses that don’t currently conform to the zoning should conform more with the commercial zoning regulations over time, not less, as the applicant is requesting.
What is a variance?
A variance is a relaxation of specific provisions of zoning regulations that can be granted if certain criteria can be met. The Board of Adjustment may only approve a zoning variance if it’s not contrary to the public interest and does not give an advantage to a particular business which is not enjoyed by other businesses in the same zoning district. They must evaluate proposed variances using the following criteria and find favorably that:
- The variance will not authorize a use that is not already allowed in the zoning district.
- The variance will not authorize additional density beyond what is allowed in the zoning district.
- Special conditions exist that are unique to the property, such as size, shape, topography or location, that do not apply to other lands in the same zoning classification.
- Literal enforcement of the provisions of the regulations will result in unnecessary hardship that is not of the applicant’s own making.
- Granting the variance will be in harmony with the general purpose and intent of these regulations and the Missoula County Growth Policy and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
- The request for the variance is not based on monetary factors.
Project Timeline
Board of Adjustment Public Hearing: Wednesday, Aug. 20, 6 p.m.
- The Board of Adjustment delayed the hearing on the billboard variance to Sept. 17.
Board of Adjustment Public Hearing: Wednesday, Sept. 17, 6 p.m.
- Participants may attend the public hearing in person in the Sophie Moiese Room of the Missoula County Courthouse Annex, 200 West Broadway in Missoula. Participants may attend the meeting virtually by accessing the meeting agenda and Microsoft Teams information at http://missoula.co/boameetings. To join the call on your phone, call 406-272-4824, Conference ID 311 766 349#.
This project is not subject to review by the Board of County Commissioners.
Public Comment
Submit public comment using the comment tool below before the Sept. 17 hearing.
Project Lead
Jennie Dixon, 406-258-4946, jdixon@missoulacounty.us
Related Links & Documents
Board of Adjustment Public Meeting Packet (Aug. 20, 2025)
Rendering of the digital sign the applicant is requesting.
