Zoning
Visit our Interactive Mapping Site to View a Map of County Zoning
Zoning in Lewis and Clark County
Lewis and Clark County administers two types of zoning:
Part 1 Zoning (also known as Citizen Initiated Zoning or Special Zoning Districts)
Part 1 Zoning as authorized by Title 76, Chapter 2, Part 1 Montana Code Annotated is zoning petitioned by property owners to be created by the Board of County Commissioners. Lewis and Clark County has many Part 1 Zoning districts, often called Special Zoning Districts, within the Helena Valley Planning Area. Additional Special Zoning Districts are located in the Lincoln and the Canyon Ferry Planning Areas. These Special Zoning Districts vary greatly in application, intent, and development pattern.
Part 1 Zoning is zoning petitioned by property owners to be created by the Board of County Commissioners. Lewis and Clark County has many Part 1 Zoning districts, often called Special Zoning Districts, within the Helena Valley Planning Area. Additional Special Zoning Districts are located in the Lincoln and the Canyon Ferry Planning Areas. These Special Zoning Districts vary greatly in application, intent, and development pattern. Contact the Community Development and Planning Department for more information about these Special Zoning Districts.
Part 2 Zoning - Zoning in the Helena Valley Planning Area
as authorized by Title 76, Chapter 2, Part 2 Montana Code Annotated is zoning initiated by the County and is applicable within the Helena Valley Planning Area.
Effective November 19, 2020, the Lewis and Clark County Board of County Commissioners, per Resolution 2020-97(PDF, 2MB), adopted Part 2 Zoning Regulations for the Helena Valley Planning Area (HVPA). These regulations added several zoning districts to the two previously created districts in the Fort Harrison area. Effective July 12, 2022, the Board of County Commissioners, per Resolution No. 2022-51(PDF, 16MB), amended these Zoning Regulations. The amended Zoning Regulations can be accessed here(PDF, 1MB).
Fort Harrison Urban Growth Area and Rural Growth Area Zone District
In addition to Part 2 Zoning in the Helena Valley Planning Area noted above, the Board of County Commissioners had previously also adopted two zoning districts in 2019 known as the Fort Harrison Rural Growth Area Zone District per Resolution 2019-20 (regulations can be downloaded here(PDF, 283KB)) and the Fort Harrison Urban Growth Area Zone District per Resolution 2019-21 (regulations can be downloaded here(PDF, 287KB)).
Part 2 Zoning: Helena Valley Zoning Regulation Amendments
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO ADOPT AMENDMENTS TO THE HELENA VALLEY ZONING REGULATIONS
The Board of County Commissioners held a public hearing on November 1, 2022 and November 10, 2022 to consider amendments to the Helena Valley Zoning Regulations, as recommended on September 15, 2022 by the Consolidated City and County Planning Board.(PDF, 2MB) On Thursday, November 10, 2022, the Board of County Commissioners adopted Resolution 2022-103(PDF, 5MB), a resolution of intent to adopt amendments to the Helena Valley Zoning Regulations.
The current Helena Valley Zoning Regulations and map were adopted by the Board of County Commissioners on November 19, 2020 per Resolution 2020-97 and were last amended on July 12, 2022 per Resolution 2022-51. The area subject to the Helena Valley Zoning Regulations and its draft amendments is based upon the boundaries of the Helena Valley Planning Area as set forth in the County's Growth Policy: Helena Valley Area Plan. The adopted zoning map and an interactive GIS map are available at the link above. Additional description information is available by contacting the Community Development and Planning Department.
As allowed by State Law (Section 76-2-201, Montana Code Annotated), the purpose of the adopted Helena Valley Zoning Regulations and their draft amendments is to promote the public health, safety, morals, and general welfare of the community. The draft amendments are specifically related to Section 2: General Requirements and Exceptions; Section 3: Definitions, Section 7: Rural Residential Mixed-Use District (RR); Section 8: Suburban Residential Mixed-Use (SR), Section 9: Urban Residential Mixed-Use (UR) and Appendix A: Official Zoning Map. The general character of the proposed amendments include, but are not limited to: adding standards for lot coverage, height requirements, and setbacks from property lines in Section 2; updating the definitions to include uses listed that were not defined and consistency with definitions utilized in the City of Helena's Zoning Code in Section 3; changing terminology to be consistent with the Suburban (SR) and Urban (UR) draft regulations, and the addition of new uses in Section 7; adding regulations to govern height, lighting, parking, the location and use of buildings, structures, and land for trade, industry, residence, or other purposes in Section 8; adding regulations to govern height, lighting, parking, landscaping, water and sewer, the location and use of buildings, structures, and land for trade, industry, residence, or other purposes consistent with the City of Helena Regulations in Section 9; and the Urban Residential Mixed-Use District (UR) is being amended to include zoning classifications within the Official Zoning Map in Appendix A. No amendments to the boundaries of all three zoning districts (RR, SR, UR) are proposed. The amendments and update of the zoning regulations are consistent with the policy recommendations of the Lewis and Clark County Growth Policy and its complimentary 2015 Helena Valley Area Plan.
On Tuesday, December 20, 2022, the Board of County Commissioners will hold a public meeting to consider the passage of a Resolution to Adopt the Amendments to the Helena Valley Zoning Regulations at 9:00 a.m. in Room 330 on the third floor of the City-County Building, 316 North Park Avenue, Helena, Montana.
The draft amendments and draft map (as approved in the Resolution of Intent by the Board of County Commissioner), current regulations, and current map are on file for public inspection at the Office of the County Clerk and Recorder, Room 113, and at the Community Development and Planning Department, Room 230, 316 North Park Avenue, Helena, Montana, and are also available here:
Section 2: General Requirements and Exceptions(PDF, 146KB)
Section 3: Definitions(PDF, 527KB)
Section 7: Rural Residential Mixed-Use District (RR)(PDF, 237KB)
Section 8: Suburban Residential Mixed-Use District (SR)(PDF, 173KB)
Section 9: Urban Residential Mixed-Use District (UR)(PDF, 569KB)
Appendix A - Addendum(PDF, 2MB)
Current Helena Valley Zoning Regulations which includes the current map
The Board of County Commissioners will accept written comments from persons owning real property within the boundaries of the Helena Valley Zoning Regulations whose names appear on the last-completed assessment roll of the County regarding the passage of the Resolution of Intention to adopt amendments to the Helena Valley Zoning Regulations. All comments must be in written form and be directed to the Lewis and Clark County Community Development and Planning Department, Room 230, 316 North Park Avenue, Helena, Montana 59601. Comments must be received no later than 11:59 p.m. on Tuesday, December 13, 2022.
For further information, please contact the Community Development and Planning Department, Room 230, 316 North Park Avenue, Helena, Montana 59623; Phone: (406) 447-8374; Fax: (406) 447-8398; Email: planning(at)lccountymt.gov
Consolidated City and County Planning Board's consideration of amendments to the Helena Valley Zoning Regulations and Map:
On Tuesday, September 13, 2022, the Consolidated City and County Planning Board held a work session to discuss amendments to the Helena Valley Zoning Regulations. You can access the agenda for the work session here: Agenda(PDF, 147KB)
The Proposed Amendments to the Helena Valley Zoning Regulations that were considered by the Planning Board on September 13, 2022 can be accessed below:
Section 2: General Requirements and Exceptions(PDF, 145KB)
Section 3: Definitions(PDF, 395KB)
Section 7: Rural Residential Mixed-Use District (RR)(PDF, 235KB)
Section 8: Suburban Residential Mixed-Use District (SR)(PDF, 173KB)
Section 9: Urban Residential Mixed-Use District (UR)(PDF, 524KB)
On Thursday, September 15, 2022, the Consolidated City and County Planning Board held a meeting to consider a resolution recommending amendments to the Helena Valley Zoning Regulations. You can access the agenda for the meeting here: Agenda(PDF, 148KB)
The proposed amendments, staff report, and resolution considered by the Planning Board on September 15, 2022 can be accessed here: Staff Report to the Consolidated City and County Planning Board including Proposed Resolution 2022-02(PDF, 4MB)
On September 15, 2022, the Planning Board voted to pass a resolution to recommend to the Board of County Commissioners Amendments to the Helena Valley Zoning Regulations.
For further information, please contact the Community Development and Planning Department, Room 230, 316 North Park Avenue, Helena, Montana 59623; Phone: (406) 447-8374; Fax: (406) 447-8398; Email: planning(at)lccountymt.gov
Zoning Map Visit our Interactive Mapping Site to View a Map of Part 1 and Part 2 County Zoning
Frequently Asked Questions
ABZ's of Zoning(PDF, 592KB)
What is the purpose of Zoning?
Different States often define Zoning differently. Even within Montana, the approach taken by Counties with Part 2 Zoning is not completely similar. However, the generally agreed upon purpose of Zoning is to address issues such as public health, safety and general welfare.
On another level, Zoning is a tool to implement the strategy set forth in the Lewis and Clark County Growth Policy that specifically calls out the need to focus on five key issues: water, wastewater, roads, fire protection and flooding.
Possibly, the most important aspect of Zoning is to protect, enhance and stabilize property values. For example, Zoning can ensure a mix of uses such as hog farms, cement batch plants, heavy industrial rail yards, residential neighborhoods, medical marijuana facilities and daycare centers are not built adjacent to or in close proximity to each other. Zoning can also be very effective at protecting both the existing "character" of a community as well as the area's natural resources such as water.
Will zoning increase my property taxes?
Property taxes are usually based on land value. Typically, land value comes from its use rather than Zoning classification. For example, land used commercially is generally higher value than land used residentially. In a commercially zoned area, a supermarket center would most likely have higher property taxes than a mini-storage facility with the same Zoning. Likewise, in a residential zone district, an area of single-family homes might have higher property taxes than an area of multi-family condominiums.
Typically, Zoning affects compatibility and neighborhood character. When Zoning effectively protects area compatibility, property values may be enhanced through resultant higher priced property sales. As property values increase, property taxes may increase. In short, the value of a property directly affects property taxes.
How will zoning affect my property values?
Zoning tends to stabilize property values, meaning it protects against values going down as much as they may increase. Zoning discourages incompatible uses of land from locating next to one another (hog farm next to residential homes). It is common to see property values increase with development regulations, rather than the misperception they decrease. Some of the highest valued areas in the United States have strong Zoning regulations.
In Montana, there are many examples where higher levels of Zoning and development regulation enhanced and stabilized property values. While both the towns of Red Lodge and Bear Creek are next door to one another, Red Lodge has much higher property values and many more layers of development oversight through Zoning. Another example is Big Sky, where property values are protected because Zoning prevents incompatible uses.
Is Zoning Restrictive or Protective?
This largely depends on individual perspective. A low-density residential zone district on a quiet, mostly untraveled road in an area made up primarily of single-family homes would most likely view residential Zoning as protective. The residential Zoning could be used against a proposal for an asphalt batch plant (with very bright lights and strong odors), next to homes.
On the other side, the owner of the proposed batch plant might view residential Zoning as restrictive. However, appropriate Zoning could serve to protect the asphalt batch plant owner and their investment from being harmed by future residential development next to the plant. Often, when this scenario occurs, the new homeowners seek to eliminate the adjacent use they may find incompatible. This scenario has played out in Montana using Part 1 Zoning.
What if I want to develop my property differently from the way it is zoned?
Property owners always have the right to ask the County to change the Zoning of a particular parcel. This is called "Rezoning." The property owner would file an application to rezone the property to a particular zone district that would allow the desired use. Typically, the process to rezone land is similar to the process to initially zone the land. Staff would study the impacts of the proposed rezoning to the area along with its relation to the Growth Policy, and then a public hearing would likely be required. At the hearing and as part of the fact finding process for the County Commissioners, citizens would have the ability to speak on behalf of, or in opposition to, the rezoning.
How would existing Part-1 Zoning be affected by the Part-2 Helena Valley Zoning Regulations?
County-initiated Part-2 Zoning would be a layer of Zoning in addition to existing Part-1 Zoning. The Part-1 Zoning would continue to apply until such time that Part-1 Zoning was removed.
What happens to the County Zoning classification if my land is annexed by a City?
When land is annexed by a City, the County Zoning is nullified and the land is zoned according to the City's zoning ordinance.
Are there other land-use tools available to protect my property values?
Yes, in addition to Zoning, Lewis & Clark County has several "tools" in its Growth Management Toolbox. Some examples include Subdivision Regulations, Floodplain Regulations, and Roadway Standards. These are to ensure development is done in an environmentally sensitive manner while also protecting the quality of life in an area.
Unlike Zoning, these tools do not allow the County to be fully sensitive to our Citizen's desires for particular development patterns in the County. Our Citizens have spoken clearly as to their expectations and desires as set forth in the County Growth Policy. By far, the best tool to effectively implement the County Growth Policy (especially the Helena Valley Area Plan) is a comprehensive, County-Initiated Part -2 Zoning program throughout the Helena Valley.
Would the County Zoning control the minimum size or price of houses?
No. The County's zoning regulations would not contain any reference to the size or price of houses.
Would the County Zoning allow me to operate a business out of my house?
Commonly referred to as Home Occupations, most zoning regulations allow for this type of land use. Home occupations need to be clearly incidental to, and not alter, the character of the residential area for the primary use. It is common for a zoning code to allow for several different levels or types of home occupations. Some common benefits of home occupations are reduced vehicle trips traveled per day and less traffic congestion, especially during peak demand times.
What is a setback?
A setback is the minimum distance structures on a parcel of land must be from any property line on that land. Setbacks prevent structures from crowding too close together and create a buffer between neighbors. Setbacks also prevent the encroachment of similar or incompatible uses upon one another. Typically, different types of zoning districts would have different setbacks depending upon the purpose of the district.
Does Zoning affect lot size?
As the minimum setback between buildings varies from one zoning district to another, the minimum size of individual lots may also be affected. A common belief is that minimum lot size helps protect property values in a subdivision by ensuring that the lots will have similar characteristics. However, a minimum lot size does not necessarily affect the overall density of proposed developments within a given zone district.
How many Counties in Montana have Part-2 (County Initiated) Zoning?
At last count, there were 14 Counties with Zoning. Of the 14 Counties with County-Initiated Zoning, two are the Consolidated Governments of Butte-Silver Bow and Anaconda-Deer Lodge. The other 12 zoned Counties are: Cascade, Chouteau, Daniels, Flathead, Gallatin, Granite, Jefferson, Lake, Missoula, Park, Powell, and Yellowstone. With 25% of the State Counties zoned, it is clear that County-Initiated Zoning is neither a new, nor an unconstitutional concept within the State of Montana.
When people ask why they should not feel uncomfortable with county Zoning, the most common answers are that Zoning is not new and that it serves to protect, enhance and stabilize property values. In areas without zoning, a common and regular source of concern is the impacts associated with land development such as the five key issues identified in the 2015 Helena Valley Growth Policy: roads, water, wastewater, fire, and floods. Additional concerns include the unregulated mix of uses within a given area. The citizens of the County have voiced their concerns that these sorts of impacts are simply not acceptable, at times even offensive, and potentially hazardous.