Kalispell Planning Commission begins work on new public participation process
The Kalispell Planning Commission on Tuesday took a first look at a proposed public participation process for future development decisions as required by the Montana Land Use Planning Act.
Under the Senate Bill 382, signed into law by Gov. Greg Gianforte in May, cities with 5,000 or more residents within a county exceeding 70,000 people must adopt a new land use plan that puts public participation early in the planning process and streamlines all subsequent decision-making at the municipal level.
“This should really get out there to people,” PJ Sorensen, senior city planner, told commissioners during the Jan. 9 meeting.
Many of the commission’s work sessions in the near future will be devoted to developing and fine-tuning the city’s forthcoming land use plan. The message for residents is that “this is your opportunity to mold what that land use plan is,” Sorensen said.
The law leaves the method for public participation up to the cities. Municipal planning commissions are expected to analyze submitted public comments first, then build a land use plan based on population projections gathered from census data or professional firms.
The public participation proposal worked up by city staff includes alerting residents to pending changes to the land use plan via a variety of channels, including legal notices, traditional media and social media, and then soliciting feedback through public meetings, open houses, surveys and other avenues.
But when it comes to site-specific development projects, the proposed plan warns that public participation will be curtailed.
“The opportunity for the public to be engaged comes with the process establishing the [land use] plan and regulations, not with review of a site-specific project,” it reads.
"If a development is in substantial conformance with the land use plan, then it would get approved by staff and no public input would be sought," said Planning Director Jarod Nygren in an interview after the meeting.
Chad Graham, commission president and Kalispell city councilor, expressed concern Tuesday, wondering how residents will react to seeing public participation limited.
“To me it really feels like that part is written by people who have never had public comment because they’re in Helena, and people don’t go to Helena and give public comment,” Graham said.
SB 382 is already in effect, but municipalities have until May 1, 2026 to implement it. At that time, city officials are directed to collect public input and draft a land use plan, which can last up to five years but be reevaluated earlier as needed.
Sorensen noted the bill offers the commission the option of alerting the public of any changes in the plan, and a chance for the public to appeal decisions.
Similar bills passed during the most recent legislative session include Senate Bill 323, which orders cities of more than 5,000 to allow duplexes anywhere single-family units are permitted, and Senate Bill 528, which orders cities to adopt regulations for the construction of more accessory dwelling units on previously existing single-family units.
Since SB 382 passed in May 2023, it has faced ready opposition — most notably from the group Montanans Against Irresponsible Densification, who challenged it and other development-related laws in court last year.
Gallatin County District Court Judge Mike Salvagni blocked two of the laws, SB 323 and 528, from going into effect in late December. In his decision, Salvagni wrote that the laws result in “two different sets of people, one protected by restrictive covenants, the other not,” thus it is “an arbitrary application of Montana law which is unrelated to any legitimate governmental purpose.”
Graham concluded the meeting with the expectation that the commission’s land use plan, if not the new law itself, will change over time.
Reporter Carl Foster can be reached at 758-4407 or cfoster@dailyinterlake.com.