rural living guide - flathead county, montana€¦ · informed decision about living in a rural...

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24 Contact information County Offices Planning and Zoning 751.8200 Commissioners 758.5503 Environmental Health 751.8130 Weed and Parks 758.5800 Clerk and Recorder 758.5526 Plat Room 758.5510 Treasurer 758.5680 Road and Bridge 758.5790 GIS and maps 758.5540 Sheriff 758.5585 Emergency Services 758.5561 Other helpful numbers and sites Flathead Conservation District 752.4220 www.flatheadcd.org Montana Fish, Wildlife & Parks 752.5501 www.fwp.mt.gov DNRC/Water Resources 752.2288 www.dnrc.mt.gov/wrd DNRC/Northwest Land Office 751.2240 www.dnrc.mt.gov/Forestry/Personnel/NWLO.asp Natural Resources Conservation Service 752.4242 www.nrcs.usda.gov USDA, Flathead National Forest 758.5204 www.fs.fed.us/r1/flathead U.S. Geological Survey www.usgs.gov Firewise Communities www.firewise.org Floodmap Information www.msc.fema.gov Prepared by Flathead County Planning and Zoning Endorsed by the Flathead County Commission 1035 First Avenue West Kalispell, MT 59901 406.751.8200 http://flathead.mt.gov/planning_zoning Rural Living in Flathead County A Guide For Natives and Newcomers

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Page 1: Rural Living Guide - Flathead County, Montana€¦ · informed decision about living in a rural area. 21 lions, and a host of small creatures that share that habitat. The Montana

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Contact information

County Offices

Planning and Zoning 751.8200Commissioners 758.5503Environmental Health 751.8130Weed and Parks 758.5800Clerk and Recorder 758.5526Plat Room 758.5510Treasurer 758.5680Road and Bridge 758.5790GIS and maps 758.5540Sheriff 758.5585Emergency Services 758.5561

Other helpful numbers and sites

Flathead Conservation District 752.4220www.flatheadcd.orgMontana Fish, Wildlife & Parks 752.5501www.fwp.mt.govDNRC/Water Resources 752.2288www.dnrc.mt.gov/wrdDNRC/Northwest Land Office 751.2240www.dnrc.mt.gov/Forestry/Personnel/NWLO.aspNatural Resources Conservation Service 752.4242www.nrcs.usda.govUSDA, Flathead National Forest 758.5204www.fs.fed.us/r1/flathead

U.S. Geological Survey www.usgs.govFirewise Communities www.firewise.orgFloodmap Information www.msc.fema.gov

Prepared by Flathead County Planning and ZoningEndorsed by the Flathead County Commission

1035 First Avenue WestKalispell, MT 59901

406.751.8200http://flathead.mt.gov/planning_zoning

Rural Living in

Flathead County

A Guide For Natives

and Newcomers

Page 2: Rural Living Guide - Flathead County, Montana€¦ · informed decision about living in a rural area. 21 lions, and a host of small creatures that share that habitat. The Montana

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About This Publication

Throughout the Rocky Mountain West, manyversions of this document have been createdby local planning jurisdictions in an attempt to

provide guidelines for residentialdevelopment in rural areas far removed frompublic services. This guide borrows freely from

previous versions. As the saying goes…“If it ain’t broke, don’t fix it!”

Special acknowledgment goes to JohnClarke, Commissioner of Larimer County,

Colorado, who created the model for theserural living guides. Mr. Clarke fashioned his

after the historic “Code of the West”documented by novelist Zane Grey in the

early 20th century.

In that same spirit, this pamphlet isintended as a guide for those who wish toreside in rural Flathead County and live in

harmony with their neighbors and theirsurroundings. You will find valuable

information about County services and gain agreater understanding of what to expect if

you choose to live in a rural area.

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ResourcesInformation for this guide has been culled from anumber of sources, including the multitude of ver-sions from other counties. Most jurisdictions mirrorone another, but all deserve a mention here, pro-viding additional resources for the interestedreader.

The following documents were consulted in thecreation of this guide:

Code of the West by John Clarke, formerLarimer County, Colorado Commissioner

Code of the New West, Madison County,Montana

Welcome to the West, A Guide for PeopleConsidering the Purchase of Real Estate in theNorthern Rockies, the Corporation for theNorthern Rockies

Huerfano County Code of the West, HuerfanoCounty, Colorado

Code of the West as it applies to GallatinCounty, Montana

The Code of the West, Lincoln County,Wyoming

Spokane County Code of the West, SpokaneCounty, Washington

Rural Neighbors, Living and Working Together,Barbara H. James, MA, CFCS, Ohio StateUniversity

Page 3: Rural Living Guide - Flathead County, Montana€¦ · informed decision about living in a rural area. 21 lions, and a host of small creatures that share that habitat. The Montana

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tana. Be mindful that your newly purchasedpropertymight bepart of anarea histori-cally usedby hunterswho maybe un-aware thatownershiphas changed.

If your property is adjacent to public lands, youwill likely see an increase in traffic during hunt-ing season. Contact Fish, Wildlife and Parks tolearn about your rights and responsibilities.

Wildlife is more mobile during calving season,hunting season, and the “rut.” Always keep aclose watch when driving in rural areas, andpay particularly close attention during theseimportant times.

In closingEven though rural property owners pay taxes likeeveryone else, the amount of tax collected doesnot always cover the cost of services provided torural residents. In general, those living in urban ar-eas subsidize the lifestyle of those who live in thecountry by making up the shortfall between thecost of services and the revenues received from

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TABLE OF CONTENTS

Welcome ········································· 4

Your piece of paradise ······················ 5

Access ············································· 9

Service Delivery································12

Agriculture and the Right to Farm·······15

Mother Nature ································18

Wildlife ············································20

In Closing ········································22

Resources········································23

Contact Information ·························24

Page 4: Rural Living Guide - Flathead County, Montana€¦ · informed decision about living in a rural area. 21 lions, and a host of small creatures that share that habitat. The Montana

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Welcome

It is important to be aware of the realities of livingin rural Montana. It is also important to rememberthat living in the country is very different than livingin the city.

When you run out of milk, you may have to drive30 minutes to get to a store, or might not get outat all if the weather doesn't cooperate. When yourchild takes piano lessons, plays soccer , and wantsto compete in team penning, you may find your-self secretly more irritated than proud when youhave to drive to town five or six nights a week.When you have a late meeting at the office, youcould end up driving home at midnight in the mid-dle of a snowstorm on an icy road.

You need to know what to expect before youmake the move.

If you are choosing to purchase land or a home inrural Flathead County, or if you are a current resi-dent, you will also want to consider the impactyour decisions have on your neighbors.

To that end, we encourage you to spend 20 min-utes or so reviewing the information that follows.We believe it will help you make an educated andinformed decision about living in a rural area.

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lions, and a host of small creatures that sharethat habitat.

The Montana Department of Fish, Wildlife, andParks is an excellent source for information onsafely living near wildlife. Contact them early ifyou are planning a move to a rural area todetermine if your land is located near criticalhabitat such as feeding or calving areas.

It is never a good idea to feed wildlife, as theyquickly become dependent on you as a foodprovider. Also, feeding seemingly harmlessanimals attracts those that prey on them suchas bears and mountain lions, which canthreaten your family’s safety.

Managing trash is essential, as nothing temptsa bear

likelast

night’s leftovers. FWP has extensive informationon bear-proofing your waste receptacles.

Hunting is a time-honored tradition in Mon-

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Wildlife

Flathead County is home to some of the nation’smost spectacular wildlife, including elk, moose,grizzly and black bear, and white-tailed and muledeer. Living in a rural area will allow you to en-counter these magnificent creatures on a regularbasis. It’s easy to harm things we value without re-alizing it, so consider the following:

Many people are attracted to rural areas forthe wildlife and do not realize the negativeimpacts they can have on the very creaturesthat drew them to rural living in the first place.Development encroaches on the habitat ofwhite-tailed and mule deer, grizzly and blackbear, elk, moose, coyotes, wolves, mountain

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Your piece of paradiseIt’s said good fences make good neighbors. Goodmanners make friends of those neighbors. Friendscome in awful handy in rural areas.

If you take one piece of information from thisdocument, remember this: ALWAYS verify infor-mation you are given by a real estate agent,surveyor, government representative, or otherprofessional. You will be glad you did.

Stewardship of rural land requires dedicationand commitment. Many factors can impactuse of your property. Research potential issuescarefully.

Not all lots are buildable. Steep slopes, flood-plain, or other environmental constraints canlimit your use of the site.

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You may be provided with a plat of your prop-erty, but unless the land has been surveyed bya licensed surveyor, you cannot assume theplat is accurate.

Fences that separate properties do not alwaysfollow the actual property lines. See above.

Many subdivision and planned unit develop-ments have covenants that limit use of theproperty. Obtain a copy of any covenants,conditions, and restrictions if you are purchas-ing subdivided land. Be sure you can live withthem!

Unzoned areas are not governed by Countyzoning regulations. If you have unzoned prop-erty and are pleased to know you are not re-stricted by zoning, remember your neighborlikely isn’t either.

The surrounding open land may not remain asit is indefinitely. Contact the Planning and Zon-ing office to determine if the area is zoned or ifany development may be proposed for thearea.

Recent arrivals often build their homes on thehighest ridge or hilltop. Remember, the fartheryou can see, the farther you can be seen byothers. You probably didn’t move to a ruralarea to gaze upon a bunch of houses; neitherdid your neighbors.

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Steep slopes are often unstable and can slidein wet weather, releasing mud, rocks, andvegetation in the process.

North facing slopes or canyons rarely receivedirect sunlight in winter. It is likely that snow ac-cumulation will last until late spring.

Topography will tell you where water will go inthe case of heavy precipitation. When thattopography is changed, water that used todrain into a ravine or depression may end updraining into your house (or even yourneighbor’s!) instead. Exercise caution and con-sult a professional and the county planningoffice, particularly if you are located in a flood-pronearea.

Portions ofthe countyhave de-lineatedfloodplains or flood-prone areas where homeconstruction is either prohibited or strictly regu-lated. Contact the planning and zoning officeto discuss your property prior to commencingany work in these areas.

Multiple active fault lines in Flathead Countywill result in earthquakes, it’s just a matter oftime. Be mindful of this in construction and siteplanning.

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Mother natureResidents of rural areas experience more problemswhen the elements and earth turn unfriendly. Re-member the following and be prepared.

The physical characteristics of your propertyare likely a big part of your decision to pur-chase in a rural area. Trees are spectacular,but can increase the threat of forest fire. Build-ing at the top of a forested draw is as danger-ous as locating in a flood-prone area.

Determine if you are in a high, very high, orextreme high fire hazard area by accessingthe county mapping website at http://maps.co.flathead.mt.us.

Incorporating defensible space standards canbe very helpful in protecting your home andoutbuildings from forest fire and can, in turn,protect the forest from your house fire. Re-member, if you start the fire, you are responsi-ble for paying the cost to extinguish it. Theplanning and zoning office or DNRC can pro-vide you with information on incorporatingthese standards into your land management.Visit www.firewise.org for more information.

Contact the Flathead County Office of Emer-gency Services to determine if you are in a ru-ral fire district. These fire districts rely on volun-teers, so consider joining yours!

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If you have an irrigation ditch running acrossyour property, there is a good chance theowners of the ditch have the right to come onyour property to maintain the ditch.

Water rights that are sold with the propertymay not give you the right to use the waterfrom any ditches crossing your land withoutcoordinating with a neighbor who also usesthe water. Other users may have senior rightsto the water that can limit your use.

It is important to ensure that any water rightsyou purchase with the land will provideenough water to suit your needs. This may in-clude maintaining pastures, livestock, land-scaping, or gardens.

Flowing water can be hazardous, particularlyto children and pets. Before you decide to lo-cate your home near an active ditch or natu-ral water source, consider the possible risk toyour family.

Many creeks, streams, rivers, and wetlands areregulated by the Flathead County Conserva-tion District. Regulations establish setbacks andbuffer zones adjacent to these various bodiesof water. Natural vegetation must remain un-disturbed in these areas. If you are thinking ofdeveloping near water or wetlands, contactthe Conservation District and the Planning andZoning Office prior to beginning any work.

Page 8: Rural Living Guide - Flathead County, Montana€¦ · informed decision about living in a rural area. 21 lions, and a host of small creatures that share that habitat. The Montana

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Understand your soil and its limitations. Sitessuitable for buildings, roads, septic systems,landscaping, and crop production can be de-termined from soil characteristics. The FlatheadCounty Extension Agent or Natural ResourcesConservation Service can provide valuableinformation.

Noxious weedsdestroy healthyvegetation,valuable agri-cultural land,and wildlifehabitat. Theyalso lowerproperty val-ues. Early de-tection andtreatment areessential tocontrolling theproliferation of these pesky nuisances, whichcan completely eradicate grasslands andother vegetation if left unchecked. MontanaState Law requires property owners to controlthe noxious weeds on their property. The Flat-head County Weed Department can assistyou in identification and management. Yourneighbors will thank you, particularly thefarmer with the beautiful field of alfalfa youlove to look at out your kitchen window.

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If you choose to live among the farms andranches of Flathead County, do not expectthe county to intervene in the normal daily op-erations of your agricultural neighbors. Right toFarm laws protect them from nuisance andliability lawsuits, enabling them to continueproducing food and fiber for us all.

Animals can be dangerous. Bulls and stallionscan attackhuman beings.No livestockshould be ap-proached,particularly bychildren. It isnot wise orsafe to enterpens or pas-tures whereanimals arekept or offer them food or treats, even over afence line.

A dog’s natural tendency is to chase thingsthat run from it. This type of “play” can meaninjury to both pet and livestock, for which youwill be held financially accountable. It is yourresponsibility to keep your dog out of yourneighbor’s pastures and livestock enclosures.

Page 9: Rural Living Guide - Flathead County, Montana€¦ · informed decision about living in a rural area. 21 lions, and a host of small creatures that share that habitat. The Montana

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Land preparation and other operations cancause dust, especially during windy and dryweather.

Farmers occasionally burn their fields andditches to keep them clean of debris, weeds,and other obstructions. This burning createssmoke you may find objectionable.

Chemicals such as fertilizers and pesticides areoften used in growing crops. You may be sensi-tive to these substances or have an allergicreaction.

Animals and their waste can cause objection-able odors. Enough said.

Areas of the county are in open range. Thismeans if you do not want cattle or other live-stock on your property, the burden is on you tofence them out. It is not the farmer or rancher’sjob to keep them off your land.

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Access

The fact that you can drive to your property todaydoesn’t necessarily mean that you, your guests,and emergency service providers will be able toreach you in February. Just another reason tomake friends with the logger down the road withthe heavy equipment. In the meantime, pleaseremember:

Emergency response times cannot be guaran-teed. Under some extreme conditions, re-sponse may be extremely slow or not at all ifweather or conditions render your access im-passable.

Legal access is not the same as physical ac-cess. If your access crosses the property of oth-ers, consult a legal professional to clearly un-derstand what your easement authorizes.

Page 10: Rural Living Guide - Flathead County, Montana€¦ · informed decision about living in a rural area. 21 lions, and a host of small creatures that share that habitat. The Montana

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It is wise to determine whether or not your roadwas properly engineered and constructed.Even with proper construction, annual roadmaintenance will be needed , which can re-quire renting or owning special equipment.

In extreme weather even county-maintainedroads can become impassable. You mayneed a four-wheel drive vehicle with chains onall four wheels to travel during these occasions.Don’t expect to see the county snowplow onyour road first thing every morning!

You can expect to experience maintenanceproblems with your road, even if it is county-maintained. Flathead County encompasses5,098 square miles. Within that area are 1,200miles of county-maintained roads.

Dust is an unpleasant fact of life for most ruralresidents. If you want to make enemies quickly,move to the country off an unpaved road,then call the Road and Bridge Departmentafter the first dry, dusty day and demand toknow when your road will be paved.

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Agriculture and

the right to farmAgriculture is still an important part of the FlatheadCounty economy, even as subdivisions appearmore often than hay or mint and houses dot morefields than cow-calf pairs.

The folks who homesteaded this valley knew howto take care of their land and many of their de-scendants continue to feed their families (andyours!) by raising similar crops.

Here’s a few things you should know about yourfarming and ranching neighbors:

Farmers often work around the clock, espe-cially during planting and harvest. Dairy opera-tors sometimes milk without stopping and hay isoften baled at night. It is possible that adjoin-ing agricultural uses may disturb your idea ofpeace and quiet.

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Electric service is not available to all locationsin Flathead County. It is important to deter-mine proximity to electrical power, unless youintend to live off the grid. Extension of powerlines can quickly turn that great deal into acost-prohibitive undertaking.

It may be necessary to cross land owned byothers to extend electrical service to yourproperty in the most cost efficient manner. It isimportant to make sure proper easements arein place to ensure service to your property.

Power outages can occur in outlying areaswith more frequency than in developed areas.A loss of electrical power also interrupts yourwell pressure tank, which means no water. It’simportant to be able to survive for a week insevere cold without utilities if you live in a ruralarea.

Solid waste management usually means takingyour garbage to the closest “green box” site,which may be miles from your home. Creatingyour own dump is prohibited. Improper storageof solid waste will find you waking up to bearsin your garbage cans. This is not considered apositive human-wildlife interaction.

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If your road is unpaved, it is unlikely FlatheadCounty will pave it in the near future. Checkcarefully with the Road and Bridge Depart-ment when any statement is made by theseller or seller’s representative that indicatespaving is planned.

Flathead County will repair and maintaincounty roads, however subdivision or privateroads are the responsibility of the home-owner’s or road user’s association. This can beparticularly costly after flooding or other natu-ral disasters.

Don’t expect your neighbors to join a petitionasking for improved service or paving of a ruralroad. Ruralpeoplecherish theirindepend-ence andwillingnessto go italone. Theymay not jump at the chance to pave the roadand make it easier for more folks to move in.

School buses travel only on maintained countyroads that are designated school bus routes bythe school district. You may need to drive yourchildren to the nearest county road or even allthe way to school.

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Service deliveryLiving in a rural area requires willingness to do with-out services city dwellers take for granted, likepizza delivery or a quick run to the video store. Ifyou’re seriously interested in rural living, this is likelyno big deal. What’s more important to rememberare the vital things, like rapid emergency responseor utility outages on a cold winter night. It’s easyto take that 24-hour plumber for granted in thecity. And while you may be able to get DVDs bymail, a backed up toilet waits for no one (or viceversa as the case may be).

No matter how well you maintain the road, it’sa simple fact that if you live 25 miles frommedical services, treatment will be delayed.This goes for you, your children, and your petsand livestock. You may have to go for helpinstead of waiting for it to come to you. This isan important consideration if any member ofyour family requires emergency treatment orongoing care.

Mail, newspaper, standard parcel, and over-night package delivery is not available in allareas of the county. Confirm with service pro-viders sooner rather than later.

Telephone communication may be an issue,as many rural areas do not provide reliablecellular service.

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You will likely be drilling a water well. The costfor drilling and pumping can be considerable.

Some portions of the county do not have suffi-cient water available for domestic purposes,no matter how deep you have the well drilled.

It is strongly advised you research the issue ofwater quantity and quality very carefully whenconsidering the purchase of rural land. TheMontana Department of Natural ResourcesConservation is a good place to start.

Not all wells can be used for watering land-scaping, pastures, or livestock. Water use maybe restricted to domestic use, requiring you tolocated an alternate source to maintain yourproperty.

Public sewer ser-vice is generallyavailable only inhighly developedareas. Your septicsystem must beapproved by Envi-ronmental HealthServices. Soil typewill be critical indetermining thelocation, cost, andfunction of this sys-tem.