For others, that idea is nothing less than a nightmare.
Montana's clear-running rivers can be a magnet for new real estate development. But for each trophy home that suddenly springs up along a river's edge, there's a potential for impacts that can last several lifetimes.
Rivers and streams don't stand still. Over time, their channels move back and forth throughout the floodplain. A house or two in the wrong place can create their own bit of havoc.
“When you build too close to a river, you create a whole set of problems that run the gamut from water quality issues from septic systems and lawn fertilizers to impacts on the vegetation that holds the stream banks together,” said Bruce Farling, Montana Trout Unlimited's executive director.
“And then when a river starts to move towards a home, people want to rip-rap the stream bank and all that does is make the river move faster,” he said. “The river starts to cut into the next soft spot down river and then that landowner wants to rip-rap, too. Over the long haul, you essentially straighten out the river and all those important side channels and wildlife habitat go away.”
The Montana Legislature is considering a bill that would create building setbacks along the state's rivers and streams. Senate Bill 345 includes provisions for a 250-foot setback from 47 of the state's larger rivers and 150 feet on smaller streams.
The bill also includes language that would allow local governments to enact their own setback standards. The Montana Senate's local government committee will hold a hearing on the bill Feb. 6.
Not everyone is in favor of the proposal.
The Montana Association of Realtors is opposed to the bill, saying the effort should be handled by county officials through zoning.
“This bill mandates setbacks,” said Glenn Oppel, Montana Association of Realtors government affairs director. “Local governments don't have a choice. They have to do it. ... We think there will be unintended consequences for property owners.”
Under state-mandated stream setbacks, Oppel said landowners lose their rights of due process. During a local zoning process, a landowner has the right to protest.
“This is something that can directly impact a property owner,” Oppel said. “They should have the right to protest.”
The association isn't opposed to setbacks, just the process the state is proposing, Oppel said.
Instead, that group advocates local efforts similar to what's occurring in Ravalli County, where the Bitterroot Board of Realtors has developed its own proposed stream setback ordinance.
That effort hit a bump last week after Ravalli County Attorney George Corn said a map outlining the plan needed to be completed before the proposed ordinance would be enforceable.
The map, which is expected to be completed this summer, identifies stream segments and corridors and will be used to determine stream protection zones. The proposed regulations are meaningless if people can't determine where those zones will be located, Corn said.
“The establishment of stream setback regulations is a form of zoning,” Corn wrote. “Maps are needed for valid zoning when the regulations divide land into separate areas within which it is permissible or not permissible to erect and maintain certain types of structures.”
Corn also said the public needs more opportunity to comment on the proposal.
“It is not legally possible to finalize or adopt the stream setback regulations as they exist at this time,” said Corn's letter to Ravalli County planner Karen Hughes.
Other counties in Montana have already created building setbacks for rivers and streams.
Madison County established building setbacks of 500 feet along the Madison River several years ago. Its subdivision ordinance also includes a 150-foot building setback on the Ruby River.
Two years ago, four counties along the route of the 170-mile-long Big Hole River adopted a plan that began with a grassroots effort by a diverse group of landowners and others.
Today anyone wanting to build a house or even a calving barn within 500 feet of the Big Hole River has to obtain a permit and show it can meet criteria established under the Big Hole River conservation development standards.
Those standards include a 150-foot setback, as well as considerations for the floodplain, river bank instability, riparian protection and sanitation.
“Setbacks are really just one of the tools we use,” said Beaverhead County planner Rick Hartz. “That 150 feet is really an arbitrary number, but it works when you tie in with all the other criteria. This is really all about protecting the natural functionality of the river.”
What makes the plan unique is the fact that four counties - each with its own distinct development challenges - were able to incorporate the same rules, Hartz said.
“So it doesn't matter if a person wants to do something in one or the other, they know they have to meet the same standards no matter where the county line is,” he said.
That wouldn't have happened without that initial grassroots effort. Hartz said the effort began after a few large homes were built along the river and other landowners started worrying about the future.
Those landowners realized the value of the blue-ribbon trout stream.
“They know that it isn't how many cows they can raise or how many tons of hay they can put up on those lands. They know the value of their property is tied up in the fact they're near a beautiful, free-flowing river,” Hartz said. “And if we start screwing it up, the value of their property is going to go down.”
The state bill isn't intended to shut down these kinds of local efforts, Clifford said.
“I think everyone recognizes that in a perfect world, this should be done at a local level where the people know their rivers and streams best,” he said. “But this is a start. If you look at the quality of rivers and streams that we have here, they are the finest throughout the world.”
“They're not totally messed up. We still have time to make a difference,” Clifford said. “If we do, people will thank us 20 years from now.”
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