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Gallatin County approves three family transfer exemptions for small residential lots
Summary
On May 13 the Gallatin County Commission approved three family transfer exemptions that will allow property owners to divide parcels and transfer them to immediate family members who plan to use them as residences.
The Gallatin County Commission on May 13 approved three family transfer exemptions, allowing property owners to create residential parcels to transfer to immediate family members.
Michelle Franks requested an exemption to create a roughly 1.5-acre parcel for her son, Jackson Bailey. During the hearing Franks testified she has owned the property for more than two years and said, "He's going to live there" and that construction would begin in spring 2026. County staff recommended approval after reviewing the application against subdivision regulation criteria and confirming the parent tract's historical status.
Donald Thomas Durban sought two transfers from a larger parcel to his adult children. Planner Haley Heiner told the commission the proposal would create two parcels of roughly 4.058 acres and 3.994 acres for his daughter and son, respectively, and that the claimant provided plans indicating intent to build within two years. Durban told commissioners his daughter already has a house on one parcel and his son plans to start construction as soon as the transfer is approved.
Mitchell and Cynthia Nelson requested a one-lot family transfer creating a 5.04-acre parcel for their son, Levi Nelson. Levi spoke during the hearing and said he intends to build and that gaining a place to house his children would enable more frequent custody visits. The applicant said the son does not own other property in Gallatin County and intends to build within two years.
County staff entered reports and health department comments into the record for each application. Commissioners reviewed findings and adopted staff recommendations, making the required factual findings that each transfer met the criteria under Gallatin County subdivision regulations and that the transfers would not create a pattern of development or require new public roads or utility easements.
Motions to approve each family transfer exemption were made and approved on voice votes. Commissioners noted applicants provided building plans or testimony that construction is planned within the statutory two-year window for family transfer exemptions.
