Bill to control riverside development draws fire

HELENA – A crowd of riverside landowners asked state lawmakers today to scuttle a bill that would require builders to keep their distance from from the banks of Montana's rivers and streams.

House Bill 455, sponsored by Rep. Michele Reinhart, D-Missoula, (pictured) specifies 10 major rivers in Montana as “Big Sky” rivers. Also known as the “Big Sky Rivers Act,” the bill would establish streamside setbacks at either 150 feet or 250 feet from the high-water mark, depending on the slope of the land. The bill also requires up to 150 feet of vegetation.

Existing buildings and development would be grandfathered in.

“It is a reasonable, responsible choice to protect people and natural resources,” Reinhart said.

Supporters said it would keep Montana’s rivers and streams clean by preventing unnatural erosion. They also said houses and developments located near a river detract from its natural beauty.

“You’re losing tourist dollars if you don’t do something like this,” said Rich Morrisey, who chose to retire in Montana. “This bill is so needed by the citizens of this state.”

Other supporters said statewide setbacks would keep people healthy as well as animals.

“People in Great Falls drink the water from the Missouri and we believe the setbacks protect water quality,” said Linda Stoll of the Montana Association of Planners.

The Department of Fish, Wildlife and Parks, the Department of Environmental Quality and several environmental groups also supported the bill.

But opponents said the bill was an attempt to take private property without compensation.

“This is a bad bill. It’s wrong and it’s evil,” said landowner Tom Greil. “What they’re going to do through zoning is steal our land for open space.”

Gene Williams, a landowner in Ravalli County, said he was concerned about government involvement on private land.

“Zoning enables regulatory authority, and when you talk about giving regulatory authority to government, what you’re talking about is an encroachment on private property,” Williams said.

Others said several counties already have setback regulations and no blanket set of rules will work on all rivers.

“The further you get zoning regulations from the counties, the more problems you have,” said Hertha Lund, an attorney representing landowners from Ravalli County.

Several county commissioners opposed the bill, saying the exemptions for cities and other types of landowners makes the bill confusing and biased.

Reinhart said she was frustrated with the hearing because the opponents had twice the time to speak as the bill's supporters. Public testimony lasted more than two hours.

- by CNS correspondent Molly Priddy