Commission approves public dedication of Clove Hitch Road despite neighborhood objections

The Gallatin County Commission voted April 8 to approve a resolution recognizing Clove Hitch Road as a publicly dedicated road, a decision that drew extended public comment and objections from nearby property owners and businesses.

The dedication stems from language on Certificate of Survey 17-08 that, according to a developer representative, grants a “perpetual nonexclusive easement for ingress, egress and public utilities for the use and benefit of the owners of all tracts contained within this survey and for the use of the public.” Developer and engineer representatives asked the county to confirm the dedication to clarify access for parcels west of the planned subdivision. Several neighborhood business owners and property owners — primarily on Apples Way and in Ward Industrial Park — urged the commission not to allow a connection from Apples Way to Clove Hitch Road, arguing the area is currently a dead-end light-industrial enclave with heavy equipment, parked rigs and daily business activity. Neighbors said opening a through connection would create a shortcut that would worsen an already-congested Thorpe/Amsterdam intersection and pose safety risks for employees and customers.

Legal and procedural concerns: Attorney Retina Melka, who represents the Haugen family, urged the commission to table action and cited a 1984 district court case and a long-standing private easement that the Haugen family maintains. Melka said evidence shows the Haugens as the dominant estate and that the county had not historically maintained Clove Hitch, and asked for a continuance so parties could resolve overlapping legal claims, no-access strips on plats and the location of existing private easements. Other commenters (property owners and business operators on Apples Way) described equipment, large vehicles and congregated activity that they say make the area unsafe as a public thoroughfare without major redesign.

County staff and commissioners: County engineer Levi Ewen explained technical issues, including that some portions of the historic road fall within the county’s 60-foot right-of-way and that a full dedication could create an intersection that would require the county to address obstructions in the right-of-way. Garrett Schultz of Headwaters Engineering (representing developer Kirby Capital) and developer Sean Kirby spoke in favor of limited recognition to clarify access, saying they did not intend to create a connection through Apples Way. Schultz later proposed a narrower option — accepting Clove Hitch only up to a point north of Apples Way — to avoid creating a new public connection through the industrial park.

Vote and implications: Commissioners said the resolution before them was narrowly written to recognize the public dedication on the certificate of survey and not to mandate construction of a road connection. Several commissioners said recognition clarifies legal status of the right-of-way and imposes an obligation to keep any accepted public right-of-way unobstructed. The commission voted to approve the resolution (cited in the meeting as Resolution 2025-032 in the hearing). Commissioners and staff said future decisions about whether to build or connect a through road would be separate from today's resolution and would incorporate community input.

Next steps: Staff will follow up on right-of-way status, investigate claims about no-access strips and overlapping private easements, and consult county legal counsel on the interaction between court-recognized private easements and public dedications. Commissioners asked staff to consider neighborhood safety concerns if future work contemplates constructing a connection or making the right-of-way a through route.