County approves expansion of Special Improvement District 872 despite landowner objections

Billings — The Yellowstone County Board of County Commissioners on Feb. 20 approved Resolution 24-23 to expand Special Improvement District No. 872, moving three newly developed lots into the district’s maintenance assessment area despite objections from a nearby property owner.

At the hearing, property owner Dave Mesker said he owns three parcels at 913 East West Street and argued he had not benefited from the developer’s road improvements. “There was no benefit for me,” Mesker said, adding that he cannot access some of the lots except through his existing driveway and that drainage and an overgrown borrow ditch are causing nuisance and safety issues on his frontage.

Tim (Public Works), who briefed the board, said the developer extended pavement into the newly developed area and that the three lots were identified as benefited by the road work. “If your property, whether it’s occupied by a house or not, fronts a road that has an RSID, [you are] required to pay into the maintenance benefit of that road,” Tim said, explaining the county’s interpretation of RSID law. He told Mesker the department could inspect ditch/maintenance issues and that aggregating the three lots into a single parcel is an option to reduce the number of separate assessments.

Commissioner Morris moved to approve the resolution. Another commissioner asked whether the board should postpone the vote to consider adding an adjacent property; Tim and finance staff said boundary changes generally can only be made once a year and that delaying would complicate notices and the process. The board voted in favor of the expansion.

The board’s action adds the newly developed lots to RSID No. 872’s maintenance district so they will share in future maintenance costs for the road improvements. Staff said they will follow up with Mesker on ditch maintenance and will provide additional contact information for further questions.

The resolution takes effect as approved by the board; staff noted that changes to RSID boundaries are typically handled in the county’s annual review cycle.