Getting Your Home Under Contract

 Getting Your Home Under Contract….

“The Valley of Flowers”

It’s exciting for you, and for Stuart and Sally, when we find the property of your dreams, and you decide to go to the next step in the transaction process, by having us write a Buy/Sell Agreement. But what happens next?

What follows is a guide to a typical real estate transaction once Stuart and Sally submit and negotiate a Buy/Sell Agreement and the Seller accepts:

• Since you, as the Buyer, are making a major investment, it’s vital that you are fully versed in exactly what you are purchasing and any potential problems, hindrances or restrictions. Stuart and Sally will carefully, and thoroughly, go over each item within the Buy/Sell Agreement prior to your signing the document. We will also fully explain any counter offer from the Seller.

Once you have a fully executed Buy/Sell Agreement, it is prudent to engage a lawyer to examine your documents. Within the Buy/Sell Agreement are any number of Contingencies and Provisions. Each one has a specific Release Date. Stuart and Sally will negotiate, within the contract, ample time for you to satisfy each provision within the contract. We will also help keep the process on track, supplying you with names of qualified specialists to help satisfy a provision.

Should there be a problem with the time frame, we are usually able to amend the Buy/Sell Agreement and secure an extension of time. However, it is best to always remember that in Real Estate Contracts, Time is of the Essence.

• As the Buyer, it is your responsibility to provide Earnest Money. The amount varies due to Selling Price and Market.

Your check for Earnest Money is usually made out to the Title Company that is designated by the Seller. Montana law stipulates that you can not have a valid contract unless earnest money is involved. You will usually be paid interest on your money while it sits in an escrow account prior to closing or to the date when contingencies are released. Your earnest money will be refunded to you should you fall out of contract due to contingencies or fault of the Seller.

• The Seller of the property is responsible for providing and paying for the Title Insurance. If you, as Buyer, are financing the property, you will be required by your lender to provide the lender Title Insurance. You will receive a Preliminary Title Commitment and generally have 10 working days to examine, and accept, the provisions of the insurance. Stuart and Sally recommend that you have your lawyer go over the Title Insurance.

• Financing of the transaction is the Buyer’s responsibility, including the Appraisal of the property; in Montana, the typical appraisal fees vary between $400 and $700.

The Buy/Sell Agreement will contain release dates for the financing. As buyer, you must perform all tasks within these dates or risk falling out of contract. If you do require financing, then you will need to work with a lender of your choice.

It is prudent to obtain a letter from a lender stating you are qualified to purchase a property within a specific price range before you begin viewing properties with Stuart and Sally. Having pre-approval strengthens your Buy/Sell offer for negotiations. Stuart and Sally are happy to provide you with the names of local lenders. Terms vary from lender to lender and it is wise to obtain quotes from more than one source.

Lenders require an appraisal prior to financing, and they order the appraisal to insure its accuracy. Appraisals in the Gallatin Valley can take 3 to 4 weeks. Stuart and Sally will help arrange a time for a reputable appraiser to view the property. Should the house not appraise for the contract amount, Stuart and Sally will help negotiate a change in the price.

• It is the Buyer’s responsibility to seek Home and Property Inspections. The cost of these inspections range from $500 to $750 for a high-end home; this is determined by the age of the home, square footage, and location. Inspection for the potential presence of radon gas, which we urge you to do, generally costs an additional $100.

It is vital that you engage a qualified Home Inspector. Stuart and Sally will provide you with names of reputable local inspectors, schedule the inspection, and will be present during the inspection (which can take between 4 to 7 hours). After the inspection, Stuart and Sally will go over the results with you and after this, present an Inspection Notice to the Seller and negotiate any repairs or provisions required from the Seller due to the Inspection Report. This may involve a price reduction or a requirement for repairs or mitigation.

• The Water and Mineral Rights on the sale property may require both legal advice and, potentially, specialists in such matters; these issues are also the Buyer’s Responsibility. Water and Mineral Rights in Montana can seem like a daunting labyrinth of legal records and laws. It is the responsibility of the Buyer to determine how important the role of Water and Mineral Rights are in the negotiations for a property and then to accurately determine what rights convey. Stuart and Sally will include in the Buy/Sell Agreement that all rights appurtenant to the property will convey with the property, however it will be up to you to determine what these rights include. The property may have a stream running through it, but that doesn’t mean – and this is all too often the case! – the owner of the property has any right whatsoever to take any water out of the stream.

Also, wells and pond construction are regulated by the DNRC and the State of Montana, and, in many cases, Homeowner Associations. You need to know what your options are in regards to water before you purchase the property.

Flood plains are another consideration in purchasing a property in the Gallatin Valley. There are 100 year and 500-year flood plain maps available. If you can see or hear water, you must be aware of your risk for flooding. Engaging a qualified Hydrologist can help determine the best site for a new home or the risk potential of the property.

• Many properties in the Bozeman and Gallatin Valley area are connected to active Homeowner Associations. Stuart and Sally will provide you with any and all known Covenants for the Homeowners Association associated with your property. You will need to consult with your attorney to determine any restrictions and regulations that affect your intended use of the property.

• The Buyer generally takes possession of the property when the Deed is recorded. This is the day of closing if it is early in the morning, or the following day when the signing is in the afternoon. Stuart and Sally will arrange a final walk-through of the property prior to Closing to insure that everything is in tip-top condition and you are closing on what you have agreed to purchase.

• You will need to arrange to have a mover scheduled well before closing date as qualified movers are booked well in advance. Stuart and Sally will provide you with names of the most qualified movers. You will also need to arrange to have utilities and phone connected in your name.

• The Buyer’s responsibilities at Closing include any loan fees, as applicable. The proration of taxes and any special Assessments that are not the Seller’s Responsibility. Other responsibilities include insurance required by the Lender.

Closing Costs, which are generally split between Buyer and Seller, are generally under $300, or a $150 cost to the Buyer.

You will be provided with a closing statement prior to closing. The closing itself is a simple process of signing documents, which can take place in the Title Company’s office, or by registered mail with documents being notarized. You will be able, up until 10 or so days prior to closing, to determine which name or entity you wish to have the property titled under.

You will arrange with your lender or banker to have a certified check delivered to the Title company or the monies wired to the Title Company in the amount of the closing by the date of closing.

Congratulations! You are now a Gallatin Valley property owner.

BOZEMAN IS RENOWNED FOR ITS OUTDOOR ACTIVITIES

 

We are blessed with a multitude of year round outdoor recreation opportunities in the Gallatin Valley:

• Fly Fishing
• Rafting
• National Forest
• National Parks
• Hiking Trails
• Mountain Biking
• Cross Country Skiing
• Downhill Skiing
• Snowshoeing
• And more!

There are no lack of reasons to get you outside and in the fun!

Please visit our Interactive Map and click on, Skiing, Rivers, National Parks, and Mountains to learn more about our fantastic outdoors!

Recreation, retirement keep demand up in Bozeman

 By Christine Dugas, USA TODAY

Bozeman, Mont., is not a magnet for business, so its housing market doesn’t tend to gain much of an influx from families who move for job-related reasons. Still, the city, which is the county seat of Gallatin County, home to Montana State University and an agricultural community, has long been a desirable place to live.

Bozeman attracts home buyers who favor outdoor recreation. And they get plenty of it there, from skiing and fishing to hunting and mountain biking. Bozeman is situated in a high mountain valley, about 90 miles from Yellowstone National Park.

Many people who grow up in Bozeman and move away to pursue careers eventually return to raise families, says Tricia Bailey, president of the Gallatin Association of Realtors.

Some who move to Bozeman find they can continue to work, via the Internet, at jobs based in other states. Other employees may fly to jobs in other locations; the city has a busy airport with many private jets. And Bozeman is a small but emerging high-tech market, says Robyn Erlenbush, owner of ERA Landmark Real Estate.

Couples sometimes move to Bozeman for retirement and then buy homes there. Last month, it was selected as one of the top 10 places to retire by U.S. News & World Report.

This year, despite the mortgage credit crisis, Bozeman has avoided a sharp downturn in sales. The city has suffered few home foreclosures, Erlenbush says. And it hasn’t endured any serious industry downturns or job losses.

The market has slowed a bit largely because of stricter standards to qualify for certain kinds of mortgages. “But I would say that home sales have been much better than we expected,” Bailey says.

Read More Here…

Trail Creek Coke Ovens

The Trail Creek area is centered along the Meadow Creek Valley, which rests near the northeastern
edge of the Gallatin Mountain Range. At the highest elevation of the area, Chestnut Mountain
overlooks a diverse landscape of rolling hills, meadows, woodlands and open range. Located
between the cities of Bozeman and Livingston, the Trail Creek area is home to active ranches and to
those people who enjoy rural living. The Trail Creek Planning and Zoning District covers
approximately 14.5 square miles, 6.5 square miles of which are public lands within the Gallatin
National Forest and 1 square mile being state owned land.

Due to increased pressures for new residential development and concerns over unplanned growth
within the area, Trail Creek area residents petitioned the Gallatin County Board of Commissioners
in the summer of 1990 to create a County Planning and Zoning District. The Commission
appointed a Citizens Advisory Committee to asses community goals and objectives, and advise the
planning agency in the planning process.

The Trail Creek Plan is intended to guide future growth and development of the area by making
recommendations for appropriate development. It is intended that by following these
recommendations, the residents can preserve the natural, scenic and agricultural qualities of the
area. The Plan has been prepared in accordance with the State of Montana land use and planning
laws. The Trail Creek Planning and Zoning Commission shall be guided by and give consideration
to the general policy and pattern of development set out in this plan and in the adoption of the
zoning ordinance.

HISTORY

An industry which once made a large contribution to Bozeman’s economy is almost forgotten, that
of coal. Traveling over the Trail Creek Road today, it is hard to imagine that this area was once
bustling with coal mines, sawmills, and a railroad.

Coal was first mined in the area by James D. Chestnut. The surface coal was full of slate, and he
was forced to go deeper for burnable coal. He persevered and by the mid-1870’s there were enough
coal burning stoves in Bozeman to make mining coal a profitable enterprise. Other mines in the
area were Mountainside, Maxey, Hoffman, and Chimney Rock. In the early 1900’s Amalgamated
Copper Company, later Anaconda Copper Co., started mining coal for its smelting operations. The
coal was mined in the area, and fifty coke ovens were constructed to convert the coal to coke for the
smelting operations. Anaconda Copper platted and built the town of Storrs. Storr’s which was
located 2.6 miles east of the I-90 underpass, was once a thriving community of 800 people. The
town boasted both running water and electricity. Built in 1902, the last postal service to the town
was May 15, 1908, and the entire town was dismantled in 1910. All that remains are deteriorating
coke ovens.

Chestnut, located just out of the planning district, was the rail center for the area. The Turkey Trail
Railroad ran from Chestnut, through Meadow Creek and four miles down trail creek to the Maxey
Mines. The Railroad was built in 1899 and discontinued in 1918. “At the summit the county road
travels through the cut made for the Turkey Trail Railroad.”1

Sawmills were built to furnish material for logging, timbering, trestling, ties, and buildings. The
sawdust produced as a by-product for the area was used for insulation, floor covering, and packing.
The last sawmill in the area closed in the mid 1940’s.

Today, the Trail Creek area is sparsely populated, with approximately 15 families living in the
planning area. There are few signs of the activity that once took place in the area, and it remains
quiet and unpopulated.

COMPREHENSIVE PLAN GOALS AND POLICIES

The objective of the Trail Creek Plan is to guide future growth within the Trail Creek area while
protecting the natural beauty and rural open space character. The plan is intended to aid Trail Creek
residents, property owners, interested citizens, and businessmen, agricultural enterprises,
governmental agencies, and county planning staff and planning and zoning commissioners in
reaching decisions on the proper use of land within the Trail Creek area.

In the course of preparing the plan, the Trail Creek Planning Advisory Committee was asked to
document community values and attitudes, resulting in a list of recommended goals, as shown
below.

1. Maintain the rural, natural and scenic qualities of the area by preserving agricultural land,
forest lands, significant open space, and land values.

2. Preserve property rights to the greatest extent possible while achieving planning and zoning
goals.

3. Plan growth so as to maintain the rural lifestyle and to achieve harmony with the
environment.

4. Preserve and enhance fish and wildlife habitats.

5. Maintain the rural residential character by limiting commercial business and allowing small
home business.
____________________________________________________________________

1Whithorn, Bill and Doris, Photo History of Livingston-Bozeman Coal Country. Livingston
Enterprise, 1954, page 23.
____________________________________________________________________

6. Maintain rural and agricultural lifestyles.

The following policies were developed to establish the intent and direction of planning activities
within the Trail Creek Planning and Zoning District.

1. Preserve agricultural land and open space by adopting zoning provisions that regulate
development densities.

2. Adopt zoning provisions that regulate inharmonious uses of land including mining, gravel
pits, oil and gas development, junkyards and landfills.

3. Adopt zoning provisions that regulate commercial businesses and allow for home
occupations and agricultural related businesses.

4. Protect stream channels and riparian vegetation from unnecessary alteration or disturbance
through the administration of the Montana Natural Streambed and Land Preservation Act.

5. Coordinate both public and private forest management practices and recommend logging
guidelines designed to protect and conserve timber resources.

6. Adopt planning recommendations that preserve natural vegetation where its removal would
cause slope failure, soil erosion, or significant visual damage.

7. Adopt planning recommendations that discourage development in areas of active landslides,
faults, steep slopes, unstable soils, or avalanche areas.

8. Adopt planning recommendations that preserve the fish and wildlife habitat.

9. Adopt design standards for all new construction in the zoning ordinance.

NATURAL RESOURCE INVENTORY AND PLANNING RECOMMENDATIONS

This chapter identifies and describes the natural resources within the Trail Creek Planning and
Zoning District. A brief narrative, land use recommendations and maps, where necessary, have
been prepared for each category. Information set forth in this chapter will provide a means to
preserve the unique characteristics of the area and serve as a guideline for proper land use decisions.

TOPOGRAPHY

The Topography Map, Map 1, for the Trail Creek Planning area depicts elevation contour lines
having intervals of 80 feet. The map is intended to provide data in determining slope calculations
for proposed developments.

From an overall perspective, the Trail Creek Planning area ranges approximately four (4) miles
north to south, and five (5) miles east to west. As depicted on the map, the topographic landscape
consist of mountain ridge tops running along the northeast and southwest boundaries of the planning
area. The topography then rolls gently down slope from the ridge tops to form the Meadow Creek
valley. The lowest elevation within the planning area is approximately 5200 feet above sea level,
located where Meadow Creek joins Rocky Creek. The highest point is Chestnut Mountain at over
7000 feet above sea level, located along the southwestern boundary of the planning area.

Slope gradients within the Trail Creek Planning area are among the most important factors effecting
development. Increased hazards to the environment and to the beauty of the natural landscape are
present when steep slopes are subject to development. Development on slopes exceeding 15% in
grade are subject to excessive scarring caused by construction, extreme soil and bank erosion,
decreased soil and bank stability, high velocity runoff, and create poor visual qualities. Areas with
slopes up to 25% can be satisfactorily developed provided that there are no environmental
restrictions and great care is taken during construction. Generally, development is acceptable on
slopes below 15% in gradient.

Recommendations:

1. Development be directed to more level areas.

2. Development is discouraged on slopes greater than 15%.

3. Slopes in excess of 25% be retained in their natural condition.

4. Roads not be constructed having slopes in excess of 12%.

5. All sites disturbed by construction should be reseeded with native vegetative species.

GEOLOGY

The Geology of the Trail Creek Planning is a series of complex folds and faults. Folded
sedimentary rocks underlain by precambrian metamorphic rock characterize the general geology of
the area. On-site investigations to determine faulted areas should be conducted prior to any
construction.

From a planning perspective, it is necessary to consider the stability of a formation and areas of
significant faulting when developments are proposed. Another potential hazard zone which needs
to be given consideration are areas of historic instability, such as landslides and slumps.

Recommendations:

1. Because of the diverse geologic conditions within the area, specific and detailed
investigations should be conducted to determine the suitability of each area for any proposed
development.

2. Areas of significant faulting should be avoided when siting structures such as roads,
buildings or utilities.

3. Proposed developments in areas of active rock slides or avalanches should be avoided.

4. Roadways, building foundations and other construction be designed to recognize potential
areas of landslide and mass gravity movement.

WATER

The primary waterways traversing the Trail Creek Planning District are Meadow Creek, Rocky
Creek, Timberline Creek, and Goose Creek. All surface drainage from the area is received by the
East Gallatin River.

Surface waterways carry irrigation water, provide water for livestock, help recharge groundwater
supply, provide convenient fishing, and are an aesthetic resource of the area. The development and
utilization of surface water resources and the economic distribution within the Trail Creek Planning
area focus on protecting existing uses and assuring adequate future supplies for agriculture,
domestic, wildlife and other beneficial uses.

Surface waterways, including irrigation canals, are most seriously threatened by erosion and
sedimentation associated with construction and agricultural practices. To ensure that waterways be
protected and properly maintained, setback requirements are set forth in the Trail Creek Zoning
Ordinance.

Trail Creek Planning area’s quality water is attributable to pristine source conditions, light
population densities and moderate intensity of land use activity. Changes in any of these conditions
pose the potential for degradation of water quality. Extreme caution must be taken to avoid
pollution of the surface streams and aquifers of the region.

Recommendations:

1. Provide setback requirements from all waterways to provide protection and proper
maintenance.

2. Anyone planning to work in or near a stream should contact the Gallatin Conservation
District Office to obtain information for appropriate permits.

3. Any development should be understood to be contingent upon the development of a
satisfactory source of ground water on the site for domestic uses.

4. Disposal of liquid wastes should be investigated individually for each proposed
development.

5. Every person asserting a claim to an existing right to the use of water is required to file a
statement of claim to that right on a form provided by the Montana Department of Natural
Resources and Conservation (DNRC).

SOILS

Soils within the Trail Creek Planning Area support a mixture of grass and conifer vegetation. Forest
soils characterize the higher elevation of the planning area, while agricultural soils make up the
foothills and valley floor. The Soil Conservation Service is in the process of doing a soil survey in
the planning area. The field work should be complete by the Summer of 1991.

General descriptions of soils in specific areas are useful in predicting the potential problems which
might be encountered during private and public construction projects. However, on-site
investigations for all new construction should be conducted.

Recommendations:

1. Site specific soil investigations are encouraged for any proposed development and
construction.

2. Erosion control measures be employed in conjunction with any development and
construction.

3. Development and construction is best suited for those areas having poor agricultural soils

4 All sites disturbed by construction be reseeded.

5. County weed control standards are in effect for all construction and development

VEGETATION/TIMBER

The Trail Creek Planning area hosts an abundance and variety of vegetative cover. Vegetation
types vary due to climatic and soil differences from the valley floor to the timber highlands.

The steeper high elevation terrain consist primarily of lodgepole pine and douglas fir, interspersed
with Aspen, forest understory and other grasses.

The gently sloping hills and valley floor consist primarily of grassland communities such as dryland
pasture, hayfields, and native grasses, forbs and shrubs.

The creek bottom, or riparian vegetative, communities are found adjacent to creeks and areas with
high water tables. Here the dominant species are Aspen, Cottonwood, Alder, Wild Plum and
Willow. These species rapidly grade to Chokecherry, Hawthorne and Wild Rose shrub as the
availability of water diminishes.

There are no known critical plant communities within the boundaries of the Trail Creek Planning
area.

A substantial amount of land within the Trail Creek Planning area consists of private and publicly
owned forest lands. The forested hillsides are an important visual and commercial resource to the
residents of the area. Therefore, it is recommended that any logging activities be coordinated
through the Trail Creek Planning Advisory Committee, the Gallatin National Forest and the
Department of State Lands. Listed in Appendix 1 are guidelines available for private landowners
for adopting and implementing the best management practices for forestry in Montana. These
guidelines were created by the U.S. Forest Service and the Montana Department of State Lands.

Recommendations:

1. Retain native vegetation as it is an important visual resource.

2. Encourage the location and design of homesites which incorporate existing trees and other
vegetation.

3. Minimize the cutting of trees around homesites.

4. Encourage the planting of trees along driveways and homesites.

5. Retain vegetation so as to preserve and maintain watershed protection, soil stability and
scenic values.

6. Follow best range management practices in order to control and eradicate noxious weeds.

7. Timber cutting should be in accordance with the Best Management Practices for Forestry as
addressed in Appendix 1.

CLIMATE

The Trail Creek Planning Area experiences a variety of climatic conditions throughout the year.
While there are no significant climatic factors that would severely limit development, storms, wind
and snowfall activities must be taken into account when planning for future development uses.

In the valley floor and foothills at elevations under 6,000 feet, annual precipitation ranges from 18
to 24 inches, and increases up to 50 inches annually in those areas over 6,000 feet in elevation. The
highest monthly precipitation amounts occur during late spring and early summer. This heavy
precipitation is often associated with thunderstorms. At higher elevations, the greatest precipitation
amounts occur in the winter, usually in the form of snow.

Snowfall within the Trail Creek Planning Area directly affects snow removal costs on roads and
parking lots; suitability for housing developments; and wintering areas for wildlife. Average annual
snowfall for the Trail Creek Planning Area ranges from 60 inches in the lower elevations to over
200 inches of snow occurring in the higher elevations. The area is also prone to heavy snow
drifting. It is important that homes, bridges, recreation facilities, and other structure be designed to
withstand the heavy snow loads. To assist with the design of structures in the planning area, snow
loads for a 50 year frequency have been determined from snow survey data.

Temperatures in the summer feature warm days and cool nights, with freezing temperatures possible
at higher elevations. Winters can be quite cold with temperatures falling to below -40 degrees F on
occasion. Occasional winter time inversions result in warmer surface temperatures.

Thunderstorms are relatively common in late spring and summer. They may produce locally strong
winds, hail and high precipitation amounts in short periods. During these storms, lightning caused
fires can occur in forested areas.

Prevailing winds are from the west and northwest. Gentle breezes occur during the summer
months. High winds are most often associated with thunderstorms.

Recommendations:

1. Building sites should utilize south facing slopes.

2. Construct buildings with appropriate snow load strength capacities.

3. Avoid building sites exposed to severe snow drifting.

4. Obtain snow removal equipment to clear driveways.

FISH AND WILDLIFE

A natural wonder of the Gallatin Mountain Range is the numerous pecies of wildlife. Mule deer,
whitetail deer, bear, elk, moose, coyote, and even mountain lions are found in the Trail Creek
Planning area along with various small animals. Deer and elk populations utilize the lower
elevations of the planning area for winter survival. Careful consideration should be given to
development proposals which coexist with wildlife habitats.

A wide variety of bird species are found within the planning area. Waterfowl include geese, blue
heron and ducks. Upland game birds include grouse. Eagle, hawk and owl species are the areas
birds of prey. Bird survival is sensitive to environmental changes. Destruction of both wetland and
dryland vegetation could severely reduce habitat for all species within the Trail Creek Planning
area.

Trout species are found in Meadow Creek, Goose Creek and Rocky Creek. Trout survival is
dependent on the water quality of the streams. Quality fishery maintenance will be subject to
erosion and pollution controls during and after construction.

Recommendations:

1. Minimize development on critical wildlife survival areas.

2. Maintain appropriate vegetative cover and riparian areas conducive to wildlife habitat.

3. Bear-proof garbage facilities should be used where needed.

4. Avoid construction in and around streams to maintain high water quality.

POPULATION

The current population of the Trail Creek Planning and Zoning District is estimated to be sixty-five
(65) people. Sixty (60) are year-round residents and five (5) are seasonal. In 1980 approximately
13 people resided in the district.

Based on past population growth, it is estimated that the population will reach one hundred and
twenty (120) by the year 2000.

SERVICES

Police protection for the area is provided by the Gallatin County Sheriff’s Department.

Fire Protection is provided by the Fort Ellis Volunteer Fire Department.

Both telephone service, provided by U.S. West, and Electricity, provided by Montana Power, were
extended to the Trail Creek Area four years ago.

School-age children attend either the Lamotte or Malmborg Rural Schools through the eighth (8th)
grade. They then attend Bozeman Senior High School .

——————————————–

LAND USE-DEVELOPMENT PLAN

INTRODUCTION

The Trail Creek Planning and Zoning District is an area of approximately 9,440 acres. Land use in
the district is primarily, forestry, agricultural, and rural residential (10-20 acre) parcels.

Forest Service and State Lands comprise approximately 1440 acres of the planning area. Residents

of the area want to maintain the rural character, with an emphasis on agricultural pursuits and the preservation

of open space. Commercial development is not expected to occur in the district, because of low population

density, limited circulation, and proximity to Bozeman.

RESIDENTIAL AGRICULTURAL

To preserve the rural atmosphere, and to protect the natural and agricultural features low density
residential development is suggested for the zoning district. Much of the district also has physical
limitations to development, such as soils and slopes. Therefore, one unit per twenty (20) acres is
suggested.

Manufactured housing is allowed in the district, however exterior appearance requirements must be
met by all single family homes. Manufactured homes must also meet HUD standards for
construction. Home based business are allowed providing they meet certain standards. The
standards are designed to protect the rural atmosphere of the community as well as protect public
health and safety in the area.

Agriculture

People who live in the Trail Creek Zoning District either make their living in agriculture or were
attracted to the area because of the rural atmosphere. Recognizing the economics of agriculture,
fewer zoning restrictions are placed on agricultural activities. To encourage agricultural production,
permitted uses in the District include the on-site sale of agricultural products, on-site gravel pit for
agricultural use and accessory living structures for employees.

Weed Control

Residents are encouraged to control and eradicate noxious weeds on their property. SCS range
management standards for livestock grazing are encouraged to minimize soil erosion and the spread
of noxious weeds. Gallatin County has established a weed control district according to Montana
law. The purpose of the district is to enforce all pertinent Montana Noxious Weed Control Law’s
and to manage all noxious weeds according to those laws. Programs offered by Gallatin County
include herbicide cost sharing, sprayer rentals, and noxious weed mapping and plan development.
For information on weed control, write: Gallatin County Weed Control District, RM 304,
Courthouse, Bozeman, MT 59715, or call 585-1359.

CLUSTER DEVELOPMENT

It is the intent of this plan that any significant development will be through the use of the cluster
development concept. Proposal for cluster development are considered by the Zoning Commission
through the planned unit development procedure and are conditional uses. The land use map
designates areas that are considered suitable for cluster development. The intent of the cluster
development concept is to:

Plan the development to fit the topography, soils, geology, hydrology, and other conditions
on the proposed site;

Utilize land that includes some areas that are unsuitable for development.

Enhance and preserve open space and unique natural areas;

Preserve agricultural lands;

Minimize disruption of existing plant and animal life.

To preserve the rural atmosphere, a planned unit development if bordering a county road, may not
be adjacent to an existing or approved planned unit development. Cluster sites must be at least 100
acres in size. A maximum of 6 dwelling units per one hundred (100) acres is allowed within the
planned unit development. In all planned unit developments at least 70% of the land must be
designated as common open space. Additional criteria for Planned Unit Developments are found in
the Zoning Ordinance. Uses of the open space will be decided on an individual basis for each
Planned Unit Development.

DEVELOPMENT OF NATURAL RESOURCES

It is not the intent of this plan to prohibit the development of natural resources, but to provide an
opportunity for review, public comments and consideration of conditions for approval. The Zoning
Ordinance addresses specific conditions for natural resource development including mineral
extraction.

PARKLAND

Community Parks are not designated on the land-use map, however if in the future an opportunity
arises to develop a community park or community center, it is allowed as a conditional use within
the Agricultural-Residential (R-20) Zone.

AMENDMENT PROCEDURE

This Plan may be amended whenever the public interest and the general welfare require such
amendment and according to the following procedure.

A. The petition of one or more land owners or of property affected by the proposed
amendment, which petition shall be signed by the petitioning land owners and shall be filed
with the Planning Office and shall be accompanied by a fee of $125.00 payable to the
County of Gallatin, no part of which shall be returnable to the petitioner; or by

B. Resolution of intention of the Board of County Commissioners; or

C. Resolution of intention of the Trail Creek Planning and Zoning Commission.

Notice of Hearing: Whenever an application for a plan amendment is field, a public hearing thereon
shall be held within sixty (60) calendar days after the filing of the application. At least fifteen (15)
days before such hearing, the Planning and Zoning Commission shall:

A. Mail notice to all persons owning property within 300 feet of the exterior boundaries of the
area occupied or to be occupied by the use for which the permit is sought, or

B. Give notice by publishing notice of hearing twice in the newspaper of general circulation in
this county.

Decision: After completion of the public hearing, the Trail Creek Planning and Zoning
Commission shall make its decision in writing.

CONCLUSION

This Trail Creek Plan is intended to guide those involved in the development process in the Trail
Creek Zoning District, including interested citizens, developers, and those who make land use
decisions. A policy direction is set forth in this document which reflects the special needs of the
Trail Creek area. As these needs change, it will be necessary to update this plan. Until that time,
adherence to the concepts of the plan will be necessary to assure development consistent with the
desires of those residing in the Trail Creek Zoning District.