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Missoula County adopts Swan Valley neighborhood plan, commissioners stress it is guidance not zoning
Summary
After public debate about zoning and petitions, Missoula County commissioners adopted the Swan Valley neighborhood plan as an amendment to the county growth policy; county attorneys and planners reiterated the plan does not itself create zoning and that future zoning would follow a separate statutory process.
Missoula County commissioners on Feb. 12 adopted the Swan Valley neighborhood plan as an amendment to the county’s growth policy, concluding a multi-year community planning process that planners and supporters say will help protect the valley’s rural character and natural resources.
Ian Barley, planning manager for Missoula County’s Planning, Development and Sustainability Department, told commissioners the plan updates a 1996 document and reflects nearly two years of local engagement. "We're requesting that the county commissioners adopt the Swan Valley neighborhood plan," Barley said as he reviewed revised land-use maps, wildfire objectives and the plan’s core values, which include keeping the area rural, protecting water quality and preserving dark night skies.
The plan drew sharply different public responses at the hearing. Several speakers argued adoption could be the first step toward future zoning and said they would organize a petition or referendum if zoning followed. One commenter said the community had already gathered petition signatures opposing zoning. Supporters countered that the plan does not impose zoning on residential properties and instead offers non-regulatory guidance. "The recommendation for zoning ... recommended only restricting large businesses coming into the Swan Valley," Helene Michael said, asking commissioners to note that residential zoning restrictions were not part of the community council’s recommendation.
County Attorney John Hart read statutory guidance and emphasized the legal limit of a growth-policy adoption. "A growth policy ... is not a regulatory document and does not confer any authority to regulate," he said, adding that while the policy does not allow denying a land-use proposal solely for noncompliance with the plan, courts expect decisions to be made in substantial compliance with an adopted growth policy.
Planners said the final draft incorporated amendments requested by the commission, including flood-hazard map updates and adjustments to wildfire objectives. Barley described the plan as a reference used when subdivisions or other land-use proposals come forward, not a standalone regulatory barrier to development.
After clarifying questions from commissioners and further public remarks, the board moved to adopt the final resolution. Commissioners voted in favor, formally adding the Swan Valley neighborhood plan to the Missoula County growth policy.
The county indicated the adoption is intended to guide future decisions and implementation measures rather than immediately change property rights. The planning department and community council will remain points of contact as future zoning or land-use regulations are considered under separate processes.
