Lewistown commission denies request to extend non‑annexation assurance for rural parcel

The Lewistown commission voted 5–1 to deny a proposed amendment that would have extended a 2015 agreement protecting a large privately owned parcel from annexation.

Commissioner Spica moved to disapprove the amendment; Commissioner Hewitt seconded the motion. During a roll‑call vote the chair recorded Ayes from Commissioners Bueller, Day, Hewitt, Robertson and Spica and a Nay from Commissioner Rooks, and the motion passed.

The amendment sought to attach a 20‑year non‑annexation assurance to the property owners’ agreement so that a buyer could be assured the parcel would not be annexed for two decades. The request was presented to the commission with a packet that included a letter from Chris Bergwell and public comment from the property owners’ representatives, including Chris Woodblock, who said the 56‑acre parcel had become difficult to sell after past annexation litigation.

Doug Osterman, speaking online and identified in the record, told the commission that between about 56 and 67 acres tied to the matter lie outside the city’s service area and that, under the new Montana Land Use Planning Act and the city’s 2024 Lewistown plan, annexation of large parcels outside the service area would be unlikely or illegal. “It actually be against state law for the city to annex that largest of the parcels,” Osterman said, arguing the amendment would be largely symbolic for city priorities but could help buyers.

Commissioners and staff balanced two main concerns: protecting the owner’s ability to sell the parcel versus creating a precedent that could lead to unequal treatment of other adjacent landowners. One commissioner suggested narrowing any agreement so it would prevent annexation only when triggered solely by prior water service; another highlighted that several parcels receiving city water have already signed waivers tied to service and annexation.

Staff and the city planner also noted technical constraints: some parcels inside the city have never been zoned and the city must update its zoning code to align with the 2024 plan before certain development or annexation steps could proceed.

After discussion, the commission agreed to keep the existing 2015 agreement language in place; the proposed 20‑year attachment was denied. The denial leaves the property to be treated under the city’s standard policies and any future changes would require a new petition or action by the commission.