On July 17 the Butte‑Silver Bow Zoning Board of Adjustments voted 4‑0 to approve Conditional Use Permit 25‑2, allowing Wagner’s Nursery and Landscaping to excavate decomposed granite on its 30.1‑acre parcel, process the material on‑site through a mobile screener and sell the processed material directly to customers at the nursery.

Planning staff said the subject parcel is in the R‑1S (one‑family suburban residential) zone, west of Interstate 90, and already operates as a garden center and event venue under a prior conditional use (Permit 13180). The new activity — described by staff as an open‑cut mining operation limited to removing approximately eight feet of material over the project life — would occur away from adjacent residences, use existing access from Holiday Drive/Continental Drive, and would not expand the building footprint or parking.

Staff identified dust, noise and increased truck traffic as the primary potential nuisances and recommended conditions to mitigate those problems. Required conditions included compliance with Montana Department of Environmental Quality (DEQ) permitting requirements, Mine Safety and Health Administration (MSHA) standards for dust and noise mitigation during screening, submission of a Butte‑Silver Bow excavation and dirt‑moving permit with sampling to check for contaminants, rehabilitation of the excavation area (regrading, replacement of subsoil/topsoil and reseeding), and a reclamation bond equal to 110 percent of the rehabilitation cost. Staff also recommended limits on hours of operation to 7 a.m. to 7 p.m., Monday through Friday, and signage notifying visitors that an active mine site is operating.

Ruby Anderson, manager at Wagner’s Nursery, said the operation would excavate decomposed granite from the north end of the property, screen it with a mobile screener, and sell the material to retail customers. Anderson said the excavation area would not be visible from Continental Drive and that the nursery had reviewed the staff conditions and was prepared to comply.

Board members and staff discussed bonding requirements. Planning staff told the board the county requires a local rehabilitation bond at 110 percent, while DEQ bonding for an open‑cut permit is typically calculated at 100 percent. Planning staff said they would be ‘‘amenable to seeing proof of that bond being posted to the state’’ and would accept state bonding as verification if it covered the county’s reclamation requirements, reducing the need for duplicate surety when the DEQ bond met the county’s standards.

The board approved the conditional use with the staff‑recommended conditions, including DEQ and MSHA compliance, submittal of the county excavation permit with contaminant sampling, rehabilitation and bonding, dust‑mitigation measures during screening, weekday daytime hour limits, and requirement that any future expansion return to the Zoning Board of Adjustments for review. Planning staff will issue a follow‑up letter to the applicant listing the required permits and conditions.