Gallatin County Commissioners say their hands are tied when it comes to making zoning changes that would stop a proposed gravel pit in Gallatin Gateway. Concerned residents continue to pressure the commission as they say the state agency tasked with approving the mining project permit is no longer required to consider citizen input.
The Montana Department of Environmental Quality is the agency that will decide whether or not to issue the permit. The proposed approximately 130-acre open cut sand and gravel pit is in an unzoned area of Gallatin County.
Ken Stoeber, the General Manager for the applicant, sand and gravel supplier TMC Inc., told the commission as the county grows there will be an even greater need for gravel to build things like homes and roads.
“Everything’s built on gravel. As you guys make these decisions we always ask you to keep it close to where the projects are,” he said.
More than 20 people testified in opposition of the project, expressing concerns over how it could impact property values, water quality, health, and traffic along Highway 191. Many urged the commission to enact emergency zoning that could buy more time to assess the potential impacts.
Gallatin Gateway resident Ruth Hogue Angeletti lives within 100 feet from the site.
“The valley will be gone if you aren’t able to protect us now. Don’t let the legislature take away your duty to protect the citizens of Gallatin County,” she said.
Lawmakers passed a bill in 2021 to fast track open cut mining applications. HB 599 prohibits counties from making conditional or permanent zoning changes after a mining application is received by the Department of Environmental Quality.
Commissioner Zach Brown responded to the citizen request for the county to enact emergency zoning.
“I can certainly appreciate where the ask for that is coming from. At this point in time, we have to follow the legal advice of the folks that we work everyday, which is that emergency zoning cannot impact a permit that has already been applied for,” he said. “And regardless, emergency zoning criteria as laid out in the law is quite stringent and requires us to make detailed findings about the emergency circumstances facing that property and those emergency circumstances have to deal with community wide impacts, not just a specific project.”
An attorney representing the Gateway Conservation Alliance, a group formed to oppose the pit, encouraged commissioners to pursue emergency zoning, saying that it could come into play if the permit is appealed and voided or if the open cut mining law is challenged in court.
Brown added that the commission has submitted a letter to DEQ outlining resident concerns and asking that the agency include mitigation requirements that would reduce mining operating hours, respond to traffic concerns, among other suggestions.
