ENNIS — A Madison County draft proposal to require construction setbacks on Madison Valley rivers and streams was presented to the public Wednesday during a nearly three hour-long meeting in Ennis.
The proposal was met with mostly criticism and concern from the roughly 60 residents in attendance.
At issue is a new proposal that would require building setback restrictions on all property along the Madison River and other streams and rivers in the eastern half of the county.
The proposal affects all Madison County waterways east of the Tobacco Root and Gravelly Mountains, including the Madison River Valley. Madison County currently has setback regulations in place but a loophole exists in that the setbacks only apply to properties that are part of a regulated subdivision.
Current setback restrictions are 500 feet on the Madison River, 150 feet on the Beaverhead, Ruby, Big Hole, Jefferson, and South Boulder Rivers, and 100 feet for all other waterways. The new draft proposal calls for the same setback distances.
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Madison County Planning Department Director Charity Fechter began the forum with a quick history of streamside setbacks in Madison County, emphasizing that setbacks have a 30-year long history in the county.
“People have been talking about these setbacks as if they are something new. It actually has a long history in the Madison Valley that dates back to 1979,” said Fechter. “Through all the planning since 1979, the importance of the Madison Valley waterways continues to come up as an important issue. This draft proposal has followed a long process of public comment.”
County Commissioner Jim Hart presented an approximate timeline for the ordinance to possibly pass and become effective, with the earliest date being June 6. A series of public meetings and hearings beginning early next week will provide time for the public to comment, said Hart.
“There will be ample, ample time for public comment from now until the ordinance goes through, if in fact it does go through,” said Hart.
Janet Ellis, program director of the Montana Audubon Society, spoke briefly about the importance of setbacks in relation to protecting wildlife and riparian areas. Ellis also presented a summation of local government regulations in Montana pertaining to setbacks and land use planning.
The largest setback distance on a Montana waterway is currently in effect on portions of the Missouri River. A three mile setback, first adopted by Choteau County in 1985, regulates the wild and scenic portions of the Missouri River. In contrast, the Blackfoot River in Powell County has a setback distance of only 25 yards.
Mid-way through the forum, Jim Jarvis of the Madison County Planning Department presented a draft of the ordinance. His presentation was met with a series questions and comments from attendees, most expressing concern and opposition toward the proposal.
“It’s not perfect, but it’s a place for us to start. It’s just paper and ink at this point. It can change a lot,” said Jarvis, emphasizing that the proposal is only a draft at this stage.
Duane Thexton, an Ennis native and longtime landowner, spoke out against the proposal, calling it a “takings.”
“I view this as an enforced conservation easement on my property,” he said. “I don’t think it’s right and I don’t think it’s legal.”
Dick Van Derheyden, a property owner in the South Madison Valley, questioned why the current proposal was being, in his opinion, rushed.
“It seems like there is a push to get this done,” said Van Derheyden. “What’s the hurry? Why couldn’t we do this in the spring and summer when more of the Madison County river residents and property owners can be here to comment?”
Others expressed concern over setback regulations as they would apply to grandfathered structures, building projects already underway, variances, private property rights, and dates for future public meetings and comment periods.
After the forum, Hart said he is looking forward to hearing the comments from the public in the upcoming months.
“In the end we may end up with what we have right now. But there was a concern about those properties that are not part of subdivision regulations and those that are governed by the subdivision regulations,” said Hart, referencing the so-called loophole in the current setback regulations.
He also acknowledged that there will be a lot of tough decisions to make and points to consider, but ultimately the decision to either pass or fail the proposal will be left up to the public.
“As a commissioner, when we get down the road I want to make a decision based on the public’s opinion,” he said. “It is going to be tough. That is why I want to hear everyone’s comments and input. This decision isn’t going to be a top down decision. It’s going to be a bottom up one.”
