HomeMy WebLinkAboutResolution 2025-07 Revising and Re-stablishing City of Bozeman Annexation PolicyPage 1 of 6
RESOLUTION 2025-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, REVISING AND RE-ESTABLISHING GOALS AND POLICIES FOR
LANDOWNER INITIATED ANNEXATION OF PROPERTIES TO THE CITY OF
BOZEMAN, AND SUPERSEDING RESOLUTION 5076.
WHEREAS, the City of Bozeman wishes to establish comprehensive annexation goals and
policies for landowner initiated annexations to provide for orderly, well-planned growth of the
City; and
WHEREAS, the City of Bozeman adopted its most recent growth policy, the Bozeman
Community Plan 2020, on November 17, 2021, through Resolution No. 5133; and
WHEREAS, the Bozeman Community Plan 2020 addresses annexation policy and details
specific goals and objectives related to the orderly annexation of land into the City; and
WHEREAS, on May 10, 2022, the City Commission adopted Resolution 5383 establishing
an Extension of Services Plan and Report for City-Initiated Annexation and this Resolution in no
way affects Resolution 5383 as this Resolution addresses landowner-initiated annexations only;
and
WHEREAS, the adoption of this resolution will provide the community with clear
guidelines for informed annexation proposals; and
WHEREAS, adoption of this resolution establishes annexation policies to implement the
goals of the Bozeman Community Plan 2020 and supports financially efficient delivery of city
services; and
WHEREAS, the Resolution revises the annexation policy by generally reorganizing the
document from the existing three sections of goals, policies, and procedures to a more orderly
organization. The revision establishes the Commission’s legislative intent, clearly distinguishes
procedural requirements from city policy, eliminates redundancy, clarifies existing annexation
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policies based on prior experience to improve evaluation criteria, and integrates references to
recently revised and adopted City plans; and
WHEREAS, this Resolution supersedes Resolution 5076; and
WHEREAS, the City adopts this resolution in accordance with annexation statutes as set
forth in Title 7, Chapter 2, Part 42, 43, and 46, Mont. Code Ann.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1 – Legislative Intent & Goals
The intent of the Bozeman City Commission in adopting this Resolution and its annexation
policies is to implement the City’s land use plan (growth policy) and integrate other relevant City
plans determining appropriate lands for annexation to support the health, safety, and general
welfare of its citizens, make fiscally prudent decisions for the long term financial health of the
City, promote environmental health of the community through the provision of sanitary sewer and
water utilities, support compact and orderly expansion of the City, and provide for the efficient
delivery of City services. The following are general goals related to landowner-initiated
annexations:
1.The City presumes all areas which are wholly surrounded by the City are suitable for
annexation.
2.All requests for annexations must be within the area of the City’s most recently adopted
version of its future land use map.
3.All petitions for annexation must be for land within the service areas identified in relevant
adopted City plans, including but not limited to the Water Facility Plan, Wastewater
Collection Plan, Water Reclamation Plan, Stormwater Plan, and the Integrated Water
Resource Facility Plan.
4.The City requires annexation of all land proposed for development that will use municipal
water or sanitary sewer systems.
5.The city encourages annexations for the provision of clean, treated water and sanitary
sewer.
6.Compliance with adopted standards of Montana law and the Bozeman Municipal Code
(BMC) is the primary implementing tool for satisfying provision of service requirements.
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Section 2 – Policies
The City establishes the following policies for all landowner-initiated annexations to the City of
Bozeman, made pursuant to Montana Code Annotated Title 7, Chapter 2, Part 42, 43, and 46.
Petitions for annexation must comply with these policies and applicable state law:
1.Annexations must include dedication of all rights of way for collector and arterial streets,
public water, sanitary sewer, or storm or sewer mains. When required, rights of way for
anchor routes as recognized in the City’s adopted parks and trails plans, must be provided
when such anchor routes are not located within the right of way for arterial or collector
streets.
2.Annexations may be required to include dedication of rights of way for adjacent or internal
local streets to complete street connectivity and provide required legal and physical access.
3.Annexations must include written waivers of a property owner’s right to protest the
creation of special improvement districts necessary to provide essential services. The
waivers must run with the land, be binding on the owner and owner’s successors in interest and
be recorded concurrently with the annexation agreement.
4.The petition for annexation must be in conformance with the current Bozeman land use
plan (growth policy). If a land use plan (growth policy) amendment is necessary for
anticipated land uses, the land use plan amendment process must be completed prior to any
action for approval of a petition for annexation.
5.The City prefers petitions for annexation of land larger than five acres. However, the City
will consider annexation of smaller areas of land when one or more of the following are
present: topographic limitations; the land is served by one or more City utilities; septic
system failure; extension and integration of transportation infrastructure; enhancement of
the existing traffic circulation system or to provide for transportation systems that do not
currently exist; annexation will make the City boundaries more regular; annexation will
better incorporate unannexed property for the provision of City fire, police, and emergency
services; or when annexation provides improved access to and maintenance of public
facilities.
6.The City will review infrastructure and emergency services available to an area proposed
for annexation for the health, safety and welfare of the public and conformance with the
City’s adopted plans. If the City determines adequate services cannot be provided to ensure
public health, safety and welfare, the City may deny the petition for annexation.
Alternatively, the City may require all property owners within the land to be annexed
provide a written plan for accommodation of services at the expense of the property
owner(s). The land to be annexed may only be provided sanitary sewer service via the
applicable drainage basin defined in the City Wastewater Collection Facilities Plan.
7.The City may require annexation of any contiguous property for which City services are
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requested or for which City services are currently being provided. In addition, any person,
firm, or corporation receiving water or sewer service outside of the City limits is required
as a condition of initiating or continuing such service, to record a consent to annexation of
the property serviced by the City.
8.The City Manager may enter into an agreement with a property owner for an emergency
connection to the City’s sanitary sewer or water system. In doing so, the property owner
must submit a petition for annexation and file a notice of consent to annex with the Gallatin
County Clerk and Recorder’s Office prior to connection to City utilities. The City will
prepare the notice of consent to annex. The agreement for connection to City sewer or
water must require the property owner to complete annexation or consent to disconnection
of the services. Connection for purposes of obtaining City sewer services in an emergency
requires, when feasible as determined by the City, the connection to City water services.
9.The use of Part 46 annexations is preferred.
10.Where a road improvement district has been created, annexation does not repeal the
creation of the district. The City will not assume operations of a road improvement district
until the entirety of the district has been annexed. Any funds held in trust for the district
will be used to benefit the district after transfer to the City. Inclusion within a district does
not absolve a landowner of the obligation to participate in general City programs that
address the same subject.
11.The City requires connection to and use of City utilities and services upon development of
annexed properties. The City may establish a fixed time frame for connection to municipal
services. Upon development, unless otherwise approved by the City, septic systems must
be properly abandoned and the development must be connected to the City sanitary sewer
system. Upon development, unless otherwise approved by the City, water wells on the
subject property may be used for irrigation but must be disconnected from any structure.
Potable water must be supplied from the City water distribution system. The property
owner must contact the City Water and Sewer Division to verify disconnection of wells
and septic systems.
12.All annexations must be contiguous with or wholly surrounded by the existing City
boundary. The City Commission may agree to annex property that is not contiguous or
wholly surrounded. If the land to be annexed is not contiguous to or wholly surrounded by
the City, the reasoning and justification for annexation must be explicitly addressed within
the petition and approved by the Commission prior to adoption of a Resolution of
Annexation.
Section 3 – Procedures
The following procedures apply to a petition for annexation subject to this Resolution:
1.Property owners must submit a written petition for annexation on an annexation application
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form provided by the City.
2.The annexation application must be accompanied by a map that meets the requirements of
the Director of Transportation and Engineering. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with the
Gallatin County Clerk and Recorder, the required map may be waived by the Director of
Transportation and Engineering.
3.Fees for an annexation application will be established by the City Commission.
4.The City will provide notice of the application to the Gallatin County Department of Planning
& Community Development and the existing county fire services area or district providing
service to the area.
5.Prior to the recording an annexation agreement, property owner must address the City’s
water adequacy requirements at Section 38.410.130, BMC, as amended.
6.The City will assess systems development and impact fees in accordance with Montana
law and Chapter 2, Article 6, Division 9, BMC.
7.If the property to be annexed is within a payback district or area, the City will apply the
terms of the payback.
8.The initial zoning classification of the property is determined by the City Commission
simultaneously with review of the annexation petition, with consideration of the zoning
request of the applicant and recommendation of the Community Development Board. The
applicant must indicate any requested zoning classification as part of the annexation
application.
9.Public notice requirements for zone map amendment application are set forth in the
Bozeman Municipal Code. To the extent possible, the public comment period of an
annexation application must be the same as the public comment period for an associated
zone map amendment application.
10.Annexation agreements must be signed and notarized by all landowners and returned to
the City within 60 days of transmission of the annexation agreement by the City to the
property owner(s), unless a different time is specifically identified by the City Commission.
11.At the City’s discretion, an annexation agreement or an extension of services plan may be
used to meet statutory requirements for the delivery of municipal service.
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Section 4
This Resolution once adopted supersedes Resolution 5076 adopted by the City Commission on October 28, 2019.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the ______ day of ___________,
2025.
_________________________________ TERENCE CUNNINGHAM Mayor
ATTEST:
_______________________________ MIKE MAAS
City Clerk
APPROVED AS TO FORM:
______________________________ GREG SULLIVAN City Attorney
Previous Annexation Policy Resolutions: Resolution 2502 May 29, 1984 Resolution 2524 September 10, 1984 Resolution 3137 August 19, 1996
Resolution 3907 January 6, 2006
Resolution 4400 September 10, 2012 Resolution 5076 October 28, 2019
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25th February