Repeal of Park County Growth Policy on the June 2024 Ballot

Repeal of Park County Growth Policy on the June 2024 Ballot

Passing this measure will allow developers to determine our future, to replicate what is happening around Bozeman, contrary to the opinions of voters in both parties, who think more needs to be done to manage development, not less.

Ann Hallowell’s initiative to repeal the 2017 Park County Growth Policy  has qualified for the June 2024 primary election.(This assumes the County has correctly interpreted the law – see discussion later in this article.)

The Vision for Park County in the Growth Policy is a good one – why would voters want to repudiate it? 

Here is a key excerpt from the Park County Vision Statement on page 8 of the 2017 Park County Growth Policy:Park County is a place where the natural environment is a source of economic diversity and jobs, and provides tranquility, beautiful scenery and a unique way of life that attracts people here to call Park County home.  Repealing the Growth Policy is a repudiation of this vision for Park County.

Park County Voters – Republicans, Independents and Democrats, people who live outside Livingston and inside Livingston agree – growth is too fast and we need more planning and better controls on development.

Friends of Park County’s scientific 2022 poll of County voters, and polls by other organizations, show that Park County voters support the values expressed in the Growth Policy’s Vision Statement, believe growth and development is happening too fast, and that planning and sensible land regulations are needed to protect wildlife, water quality, natural beauty, and small town values.And those opinions, contrary to popular belief, cross party lines and political boundaries in Park County.

The belief that the pace of growth is too fast versus too slow is shared widely across different groups of Park County voters, according Friends of Park County’s scientific poll of voters, April 2022.

  

Last year 83% of Park County voters said that development of second homes and vacation homes in open space was a serious problem and 63% said it was “extremely” or “very” serious.  About three-quarters of Park County voters support limiting new residential subdivisions to existing communities.

When asked whether they support “limiting the construction of new residential subdivisions to existing communities like Livingston Gardiner, Clyde Park and Cooke City that have roads, water, and sewer system to support this new development”:40% of the voters “strongly supported” that proposal and 34% supported it “somewhat”, for a total of 74% in support, versus 22% opposed and only 13% strongly opposed. (4% were undecided or unsure) 

Repealing the Growth Policy gives even more power to developers to decide our future, without giving us any say. 

If our Growth Policy is repealed, developers will be free to build what they want, where they want, subject only to the state’s very weak subdivision and water protection regulations (further weakened by the last legislature) .Those laws and regulations, even before they were weakened, were totally unable to prevent the sprawl that is spreading outward from Bozeman across Gallatin County.After repeal of the Growth Policy, developers will not have to address the many good policies and principles in the Growth Policy, like these:Park County encourages protection of open lands, agricultural lands, wildlife habitat, scenic views and other natural amenities through voluntary conservation easements in suitable areas. Park County supports the development of affordable and workforce housing.  Water is a basic necessity of life and is critical for the growth and development of the county. As growth and development occurs, it will be important ... to protect existing users and water quality. ...ensure new subdivisions pay a proportional share of their impact when upgrading County roads to meet County standards. And any regulations that would implement those policies will be prohibited because a Growth Policy is a prerequisite for any regulations on development, like zoning.

In 2008, all the voters in the County voted on whether to repeal the Growth Policy.  But in 2024, voters in Livingston and Clyde Park will not be allowed to vote. 

Based on legal advice, Park County officials decided that only voters in rural Park County, that is, voters living outside of Livingston and Clyde Park, would be allowed to vote on the Growth Policy repeal measure.  Voters in those communities elect County Commissioners, pay County taxes and bear the impacts of County development decisions, but will not be allowed to vote on the matters affecting them.But in 2008, when there was a prior effort to repeal the Growth Policy, voters from the entire County participated.  We have not yet identified any change in legislation that would account for this difference.

If the precedent of county-wide voting was applied today, the measures would not have qualified for the ballot.

The question of who is allowed to vote on repeal of the County Growth Policy is relevant to the number of signatures required to put a measure on the ballot.Half of the population of Park County lives in Livingston and Clyde Park, so approximately half of the voters also live there.  By excluding Livingston and Clyde Park from the electorate for the measure, Ann Hallowell only had to collect about one-half as many signatures by the deadline.  In other words, if the entire County had been able to vote, then the measure would not have qualified for the ballot.

The 2017 Growth Policy was based on extensive public input. The repeal effort looks like sour grapes by some people who didn’t get their way.

The Growth Policy was developed with the benefit of testimony at many public meetings and hearings over the course of a full year, after notices of those meetings were published in The Livingston Enterprise. The process also included stakeholder interviews and an online survey.  You can read about all the public engagement along with 78 pages of public comments in Appendix B of the 2017 Park County Growth Policy.After that process the Growth Policy was adopted and effective in May 2017.  Now, more than six years later, the effort to repeal the Growth Policy looks like sour grapes from the people whose views were in the minority.

Initiative to require voter approval of future Growth Policies also qualifies for the June 2024 election.

At the time this article was prepared, the County Clerk determined that enough valid signatures had been gathered to qualify the measure requiring voter approval of future growth policies for the June 2024 ballot.

You can help defeat the Growth Policy repeal measure:

There will be many opportunities for you to help defeat the Growth Policy repeal measure.Watch for information on how you can help in the coming weeks.