Cascade County approves exemption to open Belt dump site

The Cascade County Board of Commissioners voted March 17 to approve Resolution 25-21, granting Cascade County Public Works a government exemption under Montana Code Annotated section 76-2-402 to establish a waste disposal dump site and signage on Parcel 5066200, a 2.488-acre parcel near Belt.

The exemption bypasses the county’s usual special-use permit requirement in the Mixed Use-20 zoning district so county staff can “expedite the process to get this new dump site up and open,” a county representative told the commissioners during the hearing. The planning department recommended approval, saying the statute requires only a public hearing and does not allow local authorities to prohibit a public use by a government agency.

Opponents and several public commenters said the county’s use of MCA 76-2-402 is inappropriate and that the accelerated timeline and limited public notice curtailed public participation. “I oppose this exemption,” resident Ray Gropowsky told the commissioners, arguing the county was “subverting the regulations that commissioners put in place for themselves.” Mary Ambleton, who described a statutory review she conducted, said, “Therefore, title 76-2-402 does not apply and does not allow for a government exemption,” and questioned whether the statute’s primary purpose (she said, group and foster homes and state agency uses) covers Cascade County Public Works.

County staff told the board planning staff had reviewed a location-conformance permit submitted Feb. 26 and later determined a special-use permit was required because the county’s code triggers that requirement for disposal sites on parcels 20 acres or larger; the parcel at issue is 2.488 acres. Public Works requested the board consider the MCA 76-2-402 pathway instead of the special-use-permit process to speed opening a site serving Belt-area residents. The planning presentation noted legal notice was published March 9 and March 16 in the Great Falls Tribune and that adjacent-property owners received certified-mail notice March 7.

Legal counsel and staff described prior case law where Montana courts limited local discretion to block public uses by government entities and advised the board it was on “solid legal ground” to proceed under section 76-2-402. A commissioner said the exemption was appropriate to “expedite things of public requirement” and that doing so honored private property rights while addressing a public convenience.

After receiving no written testimony and hearing opponents, informational witnesses and multiple public commenters, the board approved a motion to adopt Resolution 25-21. The motion passed on a voice vote after the chair called for “ayes”; the commissioners announced the motion “carries.” The record contains no roll-call vote or individual vote tallies.

Public comment at the same meeting also focused on the county’s broader solid-waste planning. Multiple residents raised concerns about the long-term status of the Hardy Creek dump site (located on state park property) and urged the county to preserve local access rather than consolidate sites. One resident said travel to alternate sites could add 40 minutes to an hour for some residents and expressed safety concerns for winter travel.

The board instructed staff to exempt the site from zoning regulations as authorized by the adopted resolution and to process and issue required zoning and signage permits consistent with the exemption. The record does not specify a construction or opening schedule, specific permit timelines, or any funding commitments tied to the parcel lease.

Votes at a glance: Resolution 25-21 — motion to grant Cascade County Public Works a government exemption per MCA 76-2-402 to establish a waste disposal dump site and signage on Parcel 5066200 (GeoCode 02289527-1-03-01-0000) in Section 27, Township 19 North, Range 6 East — outcome: approved (motion carried by voice vote; no roll-call recorded).