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Anaconda Deer Lodge County schedules Feb. 11 hearing on Mill Creek (Highway 569) load limits after debate
Summary
The Anaconda Deer Lodge County Commission set a Feb. 11 public hearing for Ordinance 2-58, proposing maximum load limits on Mill Creek Highway (Highway 569), after staff and commissioners debated whether the measure should be an ordinance or a resolution and discussed enforcement tied to MCA 61-10-128.
The Anaconda Deer Lodge County Commission voted to schedule a public hearing on Feb. 11, 2025, for Ordinance 2-58, which would establish maximum load limits on Mill Creek Highway (Highway 569).
County staff described a history of posted weight limits on the Mill Creek corridor and said the proposed ordinance would align local code with longstanding posted limits. "We've had rate limits on it in essence for decades," a county staff member told commissioners, noting earlier actions in the 1990s and later resolutions that were not codified when the county's code was migrated.
Commissioners debated whether to adopt an ordinance or a resolution. Commissioner S4 argued an ordinance gives permanence, while others said a resolution is easier to enact and withdraw. County staff (S9) said the draft ties enforcement language to the Montana Code Annotated to keep penalty language aligned with state statute: "I wrote section 4 to tie it to the MCA just so that if things change with the penalties at the city level, then we won't have to go back and try to amend the ordinance," the staff member said.
The county attorney (S2) cited the state statute referenced in the draft, saying the ordinance or a resolution would comply with MCA 61-10-128, which allows a local governing body to impose weight limits and requires signs to be posted at both ends before enforcement becomes effective.
Commissioners and staff also discussed coordination with the Montana Department of Transportation and practical enforcement, including occasional use of motor carrier services to check loads and the reality that local reporting often identifies frequent offenders.
The commission did not adopt the ordinance at the meeting; it voted to set a public hearing for Feb. 11, 2025, at which the public and affected stakeholders will be able to comment before the board considers final adoption.
Next steps: the ordinance will return for formal consideration after the Feb. 11 public hearing and after signage is posted as required under the statute cited in the draft.
