Land Use Cases Affecting Montana: September 2018-2019
Of the many responsibilities’ planners hold, keeping current with court cases can be one of the most challenging. Information can be hard to find, and hard to decipher, but can have significant impact on how we approach our day to day. Kelly Lynch is back at the MAP Conference to present her entertaining and straightforward review of the land use cases affecting planners in Montana from the past year. This presentation will cover the cases you need to know as a planner practicing in Montana.
Kelly A. Lynch, JD, AICP
Kelly came to the League from the Montana Department of Commerce in 2016 to pursue her passion for local government. She provides research and technical assistance for elected municipal officials and staff and appears in front of state and local governmental agencies, boards, elected officials, and the Montana legislature explaining and advocating for community needs and resources. Kelly focuses on collaboration between public agencies, the private sector, and elected officials with diverse backgrounds to provide creative, efficient, and effective leadership for Montana’s communities.
Originally from East Helena, Kelly has a Master’s degree in Urban Planning from the University of California at Los Angeles, Luskin School of Public Affairs and a JD from the University of California at Los Angeles, School of Law. She earned her certification from the American Institute of Certified Planners in 2015.
1.5 CM Law
11:00 AM – 12:15 PM
ROOM - Knowles
Planning for Wildlife Movement and Migration
Over the last several years and in the coming winter, Montana Fish, Wildlife & Parks is deploying GPS collars on hundreds of pronghorn antelope, mule deer, and elk all across Montana, including in the Paradise Valley very close to the conference location. These data will help FWP map seasonal ranges and migration areas to inform conservation and management of ungulates. Ungulates are just one taxa of many that move extensively across the landscape. Wildlife need to move to access food, breeding, and shelter resources, and to facilitate genetic exchange. At the same time, wildlife move across varied ownership on landscapes where people live and work, creating human-wildlife conflicts in our communities, on our highways, and on working lands. This session will explore the basic concept of wildlife movement, research and information that can help us understand where wildlife are moving, barriers to wildlife movement, and human-wildlife conflicts. A group of panelists will provide a variety of perspectives on current efforts to plan for wildlife movement and human-wildlife conflicts, including successes and challenges. Finally, we’ll have an interactive discussion about how partners can work together to plan for wildlife movement and better integrate land use planning.
David Diamond, Executive Director, Greater Yellowstone Coordinating Committee
David Diamond is the Executive Coordinator of the Greater Yellowstone Coordinating Committee (GYCC), the federal land managers of the Greater Yellowstone Area. The GYCC has a near term focus on both Greater Yellowstone migrations and visitor and community use of public lands. David has graduate degrees in Environmental Science and Public Administration from Indiana University, and nearly 20 years of federal experience with NPS, NOAA, USFWS, and the Department of the Interior.
Justin Gude, Wildlife Research and Technical Services Bureau Chief, Montana Fish, Wildlife and Parks
For the last 12 years, Justin has served as the Wildlife Research and Technical Services Bureau Chief at Montana FWP where he supervises the wildlife research, health, and biometrics programs. His duties include coordinating applied wildlife science conducted by FWP and collaborators. Because wildlife habitat conservation and management are such a large focus in Montana, much of this science is focused on wildlife movement and habitat. He previously worked as a Wildlife Biologist for the US Fish and Wildlife Service and as a Wildlife Biometrician for Montana FWP, has a B.S. from the University of Florida and an M.S. from Montana State University, and has coauthored 40 peer-reviewed publications and over 120 agency technical reports.
Kris Inman, Conservation and Communities Program Coordinator, Rocky Mountain West Region, Wildlife Conservation Society
Kris began working for the Wildlife Conservation Society (WCS) in 2000 as Co-principal Investigator on the Greater Yellowstone Wolverine Research Project and in 2012 transitioned to managing the WCS Strategic Partnership and Engagement Program. In this role, she helps local communities bring science to action that results in the co-creation of grassroots conservation solutions that consider the ecological, social, and economic impacts of conserving wildlife and wild open landscapes. Prior to working for WCS, Kris worked for a diverse group of organizations: the USFWS Wolf Recovery Team, USFS Southern Spotted Owl Monitoring Team, Maine and Oregon Departments of Fish and Game black bear studies, Maine's Department of Inland Fisheries and Wildlife Threatened and Endangered Species team, and another science-based NGO – the Hornocker Wildlife Institute. Kris has worked on a number of emotionally charged issues including monitoring endangered species in communities whose livelihood were directly impacted by the management implications of their respective recovery plans. The focus of her master’s thesis integrated wildlife and human dimensions research when states across the nation were challenging the privilege to hunt bears through ballot initiatives. Through her work with bear hunters, she saw how forging relationships can transform a disengaged group into one that plays an integral and positive role in conservation. She brings these lessons to her work to help build a more diverse and engaged constituency for conservation. Kris moved to the Madison Valley in 2001 and is active in her community, serving as Chair of the Board of Trustees for the Ennis School District and Co-Chairs the Ennis Schools Science Fair program.
Mike Inman, Planning Director, Park County
Mike Inman has been working as a planner for the past fourteen years in Montana, with most of his experience taking place in Park County, Montana, where he currently serves as the Director of Planning. Mike is passionate about expanding the role of planning into public health, active transportation, community planning and development, wildlife planning, economic development and community design. Mike has a bachelor’s degree from the University of Montana in Sociology and a Master’s Degree from Montana State University in Public Administration. Mike lives in Livingston, Montana with his wife and two kids. He spends his time away from work enjoying the outdoors and exploring the area.
Druska Kinkie, Paradise Valley Landowner, E Bar P Ranch
Druska Kinkie has lived and ranched south of Livingston in the Paradise Valley for 38 years. After receiving her BS in Animal Science from Colorado State University she was a Peace Corps volunteer, worked in reclamation for Spring Creek Coal in Wyoming, and detailed doctors for the pharmaceutical company Pfizer. While attending graduate school at Montana State University she met her husband Richard and moved to his family ranch. They have two children, Rachel and Alan. An active community member, Druska serves as a school board trustee for the Livingston School District, has been a rancher voice in agricultural issues, and is a member of the statewide elk working group.
Joe Weigand, Missoula District Biologist, Montana Department of Transportation
Joe is a Montana native, was raised in the Gallatin Valley and earned Bachelor’s and Master’s degrees in biology and wildlife management at Montana State University. Joe’s diverse career has spanned most of Montana as well as western North Dakota and has included bighorn sheep research, waterfowl and upland game bird research and habitat enhancement, wetlands restoration, range and noxious weed management, game damage and wildlife conflict prevention, hunting access enhancement, and human dimensions research related to wildlife management and hunting access. Five years ago, he entered the vast arena of transportation ecology. He finds the daily tasks of tackling transportation related issues related to streams, wetlands, terrestrial and aquatic wildlife, threatened and endangered species and habitat connectivity challenging, rewarding and anything but routine.
Much of Joe’s career has had a strong orientation to habitat enhancement, habitat connectivity and reducing detrimental human impacts on the natural environment. While working for FWP, Joe’s focus was to facilitate a balance between wildlife impacts on agricultural operations with reducing agricultural impacts on wildlife. Alongside author Christine Paige, Joe produced two editions of A Landowner’s Guide to Wildlife Friendly Fences: How to Build Fence with Wildlife in Mind. At the same time Joe worked with MDT biologists to implement similar guidelines for highway right-of-way fence. Now working for MDT, Joe’s area of responsibility in western Montana has the greatest number and highest density of wildlife crossing structures in the US. Keeping motorists safe and allowing effective and safe passage for wildlife is an ever evolving and continuously educational endeavor for transportation agencies. Though challenging and at times frustrating, Joe enjoys being involved in guiding adaptive construction and maintenance of Montana’s highways and bridges in ways that can benefit wildlife.
12:30 PM – 1:30 PM - LUNCH
Room - Knowles
Opening Remarks: Park County Commissioner Bill Berg
2019 Legislative Roundup, Update and Call to Action
Members of the MAP Legislative Committee will review MAP’s actions and positions during the 2019 Legislative Session, highlighting any changes to statute that affect planner’s day to day operations. Committee members will update membership on the Call to Action, and MAP’s collaboration with other organizations to lead a proactive discussion on the Montana Subdivision and Platting Act.
1:45 PM – 3:00 PM
Room - Knowles
Survival Skills for Planners
Planning is an optimistic profession. We believe we can make the world a better place. New planners leave school full of enthusiasm and ideas inspired by mantras such as “Make No Small Plans.” We quickly learn that planning can be messy and stressful. Day-to-day activities include lots of small, even micro plans as well as hours of speculation on who didn’t clean out the coffee pot again. The pressure is on to devolve from creative enthusiastic professionals to nose-down bureaucrats counting the days to the next vacation or retirement and putting names on staplers and chairs. But there is good news! Not only can you cope and be an effective planner, YOU CAN THRIVE! Join seasoned planners as they share their experiences, scars, and ideas and come prepared to join the discussion with your own suggestions and strategies in this uplifting reaffirmation that PLANNING IS A GOOD AND NOBLE PROFESSION.
Carol Rhea, FAICP
Carol has more than 30 years of experience in a variety of public and private sector planning positions. She is a founding partner of Orion Planning + Design, a firm that serves clients across the U.S. Prior to OPD, she created and staffed Rhea Consulting, and served as the Assistant Director of Planning and Development Services for York County, SC, the Director of Planning and Development for Monroe, NC, a community development planner for the NC Division of Community Assistance, and as a regional planner for the Southwest Florida Regional Planning Council. Carol is past president of the American Planning Association and the NC Chapter.
Joanne Garnett, FAICP
Joanne has more than 40 years of professional planning experience in the public and private sector with experience relating to urban, rural, and regional planning issues. She has specialized in assisting local governments with short term and targeted planning needs including review and consolidation of planning documents into strategic, implementable executive summaries; guidance and advice to local governments in ongoing current planning activities; comprehensive plan development assistance; land use plans; and public outreach support. She is a past president of both the American Institute of Certified Planners and the American Planning Association and served the planning profession in many other roles at the local, chapter and national levels including MAP president. Joanne routinely speaks at national, regional and state planning conferences and provides planning commissioner training seminars. When she is not busy with work, Joanne volunteers her time and resources in her community and in countries around the world.
Allison Mouch, AICP
Allison has over twelve years of professional planning and design experience in the public, private and non-profit sectors. Her areas of specialization include comprehensive plans, public engagement, code development, project management, mapping and analysis. Her leadership as Planning Bureau Chief at the Montana Department of Commerce resulted in greater collaboration in planning, economic development and resilient strategies between state agencies and local governments. She has wide-ranging experience working with private developers in project planning and design; facilitating collaboration between stakeholders on policy and planning decisions; and a deep understanding of the plan-code relationship. Allison sits on the Montana Association of Planners Board of Directors and is Immediate Past President of the Western Central Chapter of the American Planning Association.
Robert L. Barber, FAICP
Robert is a founding partner of the Orion Planning + Design, having retired after 25 years of public service, most recently as Director of Planning for Hernando, Mississippi from 1996 to 2012. Hernando was selected as one of the 100 best small towns in America by Forbes Magazine in 2012. His planning practice focuses on community design, preservation, place making and smart growth principles and productive community engagement to create communities of lasting value. Bob served as Region III Commissioner for the American Institute of Certified Planners, is a two-time past president of the Mississippi Chapter of APA, and formerly served as chair of APA’s Chapter Presidents Council, chair of the AICP College of Fellows, executive board member of the Memphis District Council of the Urban Land Institute, and board member of the Mid-South Regional Design Center.
ROOM - Townsend
Planning Beyond the Façade: Layering Spillover Investment in Communities
In a time when funding and even support for local planning initiatives is limited, evidence of success is vital. Analysis of investment strategy related to plan-making helps provide quantitative data on why planning is important, and why we should fund current and future efforts. Towns that complete interconnected and impactful projects immediately following a plan will foster momentum, consensus, and community buy-in (which translates into investment). As a direct result of downtown master plans or growth policy documents, cities like Anaconda, Helena, and Kalispell, Montana have implemented downtown façade improvement grant (FIG) programs. FIGs are thought to spur spillover of both direct and indirect investment in central business districts by leveraging built capital and harnessing a sense of placemaking. Through case study in Anaconda, Helena, and Kalispell, this session empirically analyzes this phenomenon. Data was collected through face-to-face interviews with grantees and grantors, qualitative observational analysis, and from quantitative property valuations to determine statistical trends related to property investment and taxable value. Findings show that direct public- private investment through downtown façade grants, administered by downtown focused organizations with downtown master plans, leverages positive indirect spin-off via supplementary privately initiated renovations and building maintenance. This implies that strategic downtown planning and investment generates a multiplier effect. Planning is hypothesized to have several tangible and intangible benefits in a community yet is still regularly questioned by officials and taxpayers as to its value. While recognizing every decision has trade-offs, for our discussion, this presentation will recap and outline the major take-aways from downtown planning efforts and subsequent FIGs in these three Montana communities, and offer recommendations for future local and state policy and practice directed for potential adaptation other communities in the state and beyond. This session offers empirical evidence of local asset-based development as a result of planning.
Tash Wisemiller is the Program Manager for the Community and Economic Vitality Program, Community Development Division, Montana Department of Commerce. Tash serves as the Montana Main Street Coordinator and sits on the National Main Street Center Leadership Council.
Micky Zurcher is the Executive Director for the Helena Business Improvement District, Helena, Montana. Micky has a master’s degree in Community Development from the North Dakota State University.
Huston Gibson, PH.D.
Huston Gibson is an Associate Professor of Regional & Community Planning and Community Development at Kansas State University. Huston has a Master of Science in Planning from the University of Tennessee and a Ph.D. in Planning from Florida State University.
ROOM - Broderick
Yellowstone Gateway Protection Act
Presenters from the Park County Environmental Council, a community-based conservation group and the Yellowstone Gateway Business Coalition, a coalition of more than 400 businesses in Yellowstone's gateway, will discuss their work to stop two proposed gold mines on the border of Yellowstone National Park.
In 2015, a scoping notice from the U.S. Forest Service initiated the permitting process for a gold mine directly upstream from Chico Hot Springs in Emigrant Gulch and on Emigrant Peak. Community opposition to the mine was significant, but local government and planners had very few, if any tools or regulatory authority to influence the proposed mine.
Community members rallied around local businesses that depend on clean water, recreation, agriculture and tourism to fuel the local economy in Park County. A coalition of non-profit partners and local business owners worked together over the course of four years to pass federal legislation protecting public lands from gold mining. The presentation will outline the threat, the community response, and how the unique collaboration led to incredible results: federal legislation signed into law in March 2019.
Michelle Uberuaga, JD
Michelle Uberuaga serves as the Executive Director for the Park County Environmental Council (PCEC), a community-based conservation group in Park County, Montana. PCEC works to safeguard the land, wildlife and blue-ribbon headwaters of the Yellowstone River that drive our local economy and way of life. PCEC is a unique conservation organization because of its work with local government at both the County and City. PCEC works to encourage civic engagement and maintains an active membership. PCEC supports local government work to fulfill community goals identified in each jurisdiction's growth policy. Michelle also maintains an active legal license.
3:15 PM – 4:30 PM
ROOM - Knowles
Missoula Area Land Use Map: Community Engaged Land Use Planning
With a recent growth policy update in the bag, Missoula County looked to comprehensively updated the county’s
land use map in the Missoula area, a task that hadn’t been completed in over 40 years. The outcome of the two-year
effort is the Missoula Area Land Use Element, adopted in June 2019. This map update morphed into full on land use
plan update, complete with a new vision for guiding growth and implementation strategies. In this session, Andrew
will discuss the process Missoula County employed to update the plan, how the process brought diverse interests
together healing old wounds, building new partnerships, and resulting in a transformational vision with broad
community support and a mandate for implementation.
Andrew Hagemeier, AICP
Andrew Hagemeier is a Land Use Planner for Missoula County and project manager for the Missoula Area Mapping
Project. His career in the public, private and non-profit sectors of the planning profession has taken him across the
state of Montana. Most recently, Andrew worked as a consultant for public sector clients, writing long range plans,
downtown master plans, and developing regulations for rural and urban communities. In 2014, Andrew worked
with the Bullock Administration to draft the Main Street Montana Project Report, a central part of Governor Bullock’s
economic agenda. While working for the National Parks Conservation Association, Andrew was essential to creating,
organizing and initiating the Whitefish Range Partnership, a collaborative effort with a diverse membership whose
mission was to create a shared vision for forest management on the Flathead National Forest. Andrew is an AICP
certified professional planner and is currently President of the Montana Association of Planners.
ROOM - Townsend
Future West’s Successful Communities Program in Gardiner
From our experience working in the west, the staff of Future West believes that the vast majority of its residents want it to be a region of steady, resilient economies supporting healthy communities that are surrounded by intact agriculture and public lands. In other words, they want to live in successful communities. However, successful communities don’t happen by accident; they are a product of knowledge, vision, and achievable goals.
But a vision and goals is clearly not enough; many times, even when the community has completed a visioning and goal-setting process that is memorialized in a growth policy, implementation action plans fall short. Thus the not-uncommon lament from leaders throughout Montana that their plan “went on the shelf and is collecting dust” because of a lack of capacity and resources to follow through with their plans.
Future West’s Successful Communities program is designed to address those concerns. The goal of the program is to help communities reach a common understanding of the challenges and opportunities they face, identify or reaffirm their vision and goals, and most importantly, develop achievable action plans to achieve them.
Gardiner, Montana, was the first project of the Successful Communities program (titled, not surprisingly, Successful Gardiner). With a storied history featuring its role as a staging area for Yellowstone Park visitors, to its role as a commercial hub for nearby ranching and outfitting operations, to the housing it provides for park and forest workers, Gardiner is widely recognized as a community with character, and characters. It is also a community experiencing dramatic changes rooted in a housing crisis. Our presentation will summarize the Successful Communities program generally and use Successful Gardiner as a case study.
Dennis Glick has over 30 years of experience in community-based conservation and rural development. He has helped communities in the Northern Rockies plan for the future and address important natural resource and development issues. Dennis has authored numerous publications and has been a featured speaker throughout the West. He holds a BS in Forestry from Oregon State University and a MS in Natural Resource Management from the University of Michigan.
Randy Carpenter has spent many years working with community leaders in the Northern Rockies, helping them understand the challenges that come with growth and change, and tailor locally-based solutions to those challenges. Before joining Future West, Randy was a community planner in Iowa, followed by 13 years with the Sonoran Institute’s Northern Rockies Program. He holds an undergraduate degree in history and a graduate degree in urban and regional planning, both from the University of Iowa.
ROOM - Broderick
Planning Partnerships for a Healthier, More Vibrant Yellowstone County
Planning and public health have benefited from a longstanding history of collaboration. The recognition of city planning as a means to address the spread of infectious disease by John Snow has given way to planning for active living and access to healthy foods as a means to addressing chronic disease. More than ever, planning and public health professionals are working together to create healthier, more vibrant communities, and Yellowstone County is no exception. The presentation will highlight several examples of planning and public health collaboration and integration, including health in all policies, healthy neighborhood planning, safer routes to schools through creative placemaking, community health improvement plan development, community health needs assessment, and more. Participants will walk away with simple, new tools for community and co-conspirator engagement, that can be tailored to any Montana community.
Melissa Henderson, MPH
Melissa is the Community Health Improvement Manager for the Healthy By Design Coalition, a multi-sector collaborative of a diverse organizations and stakeholder groups in Yellowstone County. Originally from Southern Arizona, she earned her Masters of Public Health degree from the University of Arizona.
Lora Mattox, AICP
Lora is the Transportation Planner for the Billings Metropolitan Planning Organization and previously the Neighborhood Planner for the City of Billings/Yellowstone County.
4:40 PM – 5:30 PM
ROOM - Townsend
MAP Legislative Committee Meeting
This is a working meeting of the MAP Legislative Committee. Agenda TBD. The meeting is open to any conference attendees.