Petitioners ask Madison County to exclude federal lands from Reynolds Pass citizen-initiated zoning; commissioners table item until certification

Representatives of Preserve Reynolds' Pass urged the Madison County Board of Commissioners to revise four proposed citizen-initiated zoning districts in Reynolds Pass to exclude federal public lands, saying removing those lands would reduce county workload and avoid potential legal or administrative risk.

"Preserve Reynolds' Pass is amenable to the proposed CIZD maps and regulations being revised by the county to remove federal public lands, including BLM lands," said the petitioner who identified herself to the commission as Maddie Mason during a presentation of a written letter. The group described goals to protect agricultural and rural residential patterns, wildlife habitat, water quality and open space.

County staff and commissioners pressed for clarity about what the county can legally change. Commissioners and staff repeatedly emphasized that statutory petition requirements constrain what may be altered after signatures are collected. One county attorney-adjacent staff member noted a petition must typically match the boundaries and regulations the signers agreed to, and cautioned that altering boundaries after signatures could be legally problematic.

Commissioners discussed two procedural paths: (1) petitioners submit the petition and maps to the clerk and recorder for certification, after which the commission may advertise a resolution of intent and hold a public hearing; or (2) petitioners pursue map amendments or separate zoning-district processes later if property owners seek changes after adoption. County staff said a certified petition would trigger the formal record-building and public-notice steps required by the Montana Subdivision and Planning Act and relevant local procedures.

Petitioners asked that the county accept letters and newsletters explaining that public lands may not be included to inform landowners. Commissioners and staff agreed that letters and other materials could be added to the hearing record if the petition is certified.

Because the clerk and recorder had not yet certified a petition, the commission voted to table the item until certification and the formal submittal process is complete. Chair called for the motion to table and the motion carried.

What happens next: petitioners will submit their signatures and maps to the county clerk and recorder for certification. If certified, the board will advertise a resolution of intent and schedule a public hearing (staff estimated roughly two weeks’ notice after certification, subject to the clerk’s workload and election-season priorities). The county cautioned that the ability to alter petition boundaries or remove federal lands without a re-petition is legally uncertain and may require further legal review at the hearing stage.

Why it matters: Citizen-initiated zoning districts are an uncommon tool that can change how development and land uses are regulated at a local level; whether federal lands are included affects the scope of any protections and the county’s procedural obligations. The petitioners said their proposal focuses on limiting high-density or high-impact commercial development and preserving rural character.

The commission tabled the item; no zoning regulations or map amendments were adopted at the meeting.