Yellowstone County sets second hearing on Laurel jurisdictional zoning amid strong public opposition

The Yellowstone County Board of County Commissioners opened a public hearing on Resolution of Intent 24-92 on May 21 and voted to set a second hearing for 9:30 a.m. July 9, 2024 in Room 3108. The resolution would enact Yellowstone County jurisdictional zoning around the City of Laurel; commissioners said the maps before them are intended to readopt previously believed zoning in the one-mile area around the city and that any zone-change application by a private party (including Northwestern Energy) would be a separate, later process.

The meeting drew extended public comment focused on map accuracy, legal process and health and property concerns related to a methane-burning plant being built by Northwestern Energy on land many residents say was agricultural. Kirk Gard of the Laurel Planning Board said the proposal would apply county zoning (not city zoning) and essentially reaffirm maps the city and county believed had governed the area for decades. Several residents, including Michelle Kelly and Greg Chiles, said they relied on previous zoning when buying property and urged the county not to rezone agricultural parcels. Steve Crum cited Montana statutes (including provisions he identified as Montana Code sections in the 76-series) and argued a joint growth policy and a petition of property owners are required before creating jurisdictional zoning; he also cited a claimed company filing that, he said, shows Northwestern Energy’s plant operating costs could exceed $60,000,000 annually (a figure he attributed to company exhibits filed with the Public Service Commission).

Other speakers raised public-health concerns and potential property-value declines. Christine Glenn and several others described personal or family experiences with asthma and urged commissioners not to change zoning to enable the plant’s operation in a river valley prone to temperature inversions. Mary Fitzpatrick asked why construction proceeded on land zoned agricultural and suggested commissioners with ties to the company recuse themselves from matters touching the plant. Commissioners and staff said the county has zoning jurisdiction outside city limits (recently affirmed in court, staff said), that the maps before the board are not proposed to expand industrial land, and that staff and the county attorney would review map details before the July hearing. A motion to adopt the resolution of intent and set the July 9 hearing was made, seconded and approved by verbal 'ayes.'

Action taken on May 21 set the procedural next step: a second public hearing to consider the maps and any evidence; no final zoning or zone changes were adopted that day.