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Proposed Rule Changes

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MEMO

TO: Interested Public 

FROM:  Shannon Therriault, RS, Environmental Health Director 

DATE: August 2, 2023  

RE: Proposed Changes to Health Code solid waste regulations 

On August 17, 2023, the Missoula City-County Health Board approved changes to the solid waste regulations (Regulation 3) in the Missoula City-County Health Code.  These changes include adding an allowance for the larger automated containers, defining recycling and allowing a different frequency of collection, deleting unneeded, older language, and most significantly, enlarging the Missoula Bear Buffer Zone and creating a Potomac Bear Mitigation Zone.  In those zones, all garbage has to be stored in approved, bear resistant containers or enclosures. 

Before the new rules can go into effect, the Missoula City Council and Missoula County Commissioners must formally adopt them. These meetings include additional public comment opportunities: 

Missoula Board of County Commissioners 

First hearing and Initial Adoption      Thursday, September 14 at 2 PM 

Second hearing and Final Adoption Thursday, September 28 at 2 PM   

The Commissioners meet in the Sophie Moiese Room, Courthouse Annex
                                                    200 W. Broadway or
                                                    Remotely though Microsoft Teams  

Missoula City Council

Public Safety and Health Committee Wednesday, September 13 at 9:30 AM 

Public hearing and initial adoption     Monday, October 2 at 6 PM (proposed) 

Final Consideration                            Monday, October 16 at 6 PM   (proposed)  

 

The City Council meets in the Missoula City Council Chambers
                                                140 W Pine St, Missoula or
                                                Remotely through Microsoft Teams 

 

Written Comments may be submitted through September 27, 2023 through 

 

Background:  The Missoula City-County Health Department has been working as part of the Bear Smart Working Group to address bear-human conflicts in the Missoula area.  The group, which consists of bear experts, agency representatives, and concerned citizens, first put together a Bear Hazard Assessment, and then followed it with a Bear Conflict Mitigation plan in 2022.  The mitigation plan notes that from 2018 to 2021, 49% of the recorded bear-human interactions centered around bears and garbage. 

In 2022, the Missoula City Council and the Missoula Board of County Commissioners adopted a joint resolution committing Missoula to addressing the root causes of human-bear conflicts, in part through local rules.  The goals are to reduce the risks to human safety and private property, as well as the number of bears that have to be killed or relocated. 

The issue of bears in Missoula is becoming more critical.  In addition to increased interactions with black bears in 2022, grizzly bears are now part of the picture.  Grizzly bears tore up structures in the north hills in quest for food and were sighted in the Bonner and Lolo areas in 2022.  This year is shaping up to be another active bear season. 

The situation in the Potomac valley has also reached a critical point. Based on public comment received during the first hearing, and on information from Potomac residents and Fish, Wildlife and Parks, the Department is proposing a separate zone around Potomac where bear-resistant containers will be required after September 1, 2024. Montana Fish, Wildlife and Parks (FWP) Bear Conflict Specialist Jamie Jonkel identified the Potomac valley as one of the most critical spots in Missoula County for minimizing bears’ access to garbage.  He said that the Union Creek area was one of the worst “bear behavioral traps” that he has seen in Western Montana, and that it is a training ground for bears becoming habituated to seeking out garbage as a food source.   

The resolution, hazard assessment and conflict management plan are available on Missoula County voice (https://missoulacountyvoice.com/bear-smart-missoula).   

For more information, please contact the Environmental Health Division at (406) 258-4755 or envhealth@missoulacounty.us

Reg 3 Solid Waste Draft 8-17-23
Proposed Bear Buffer Zone Phases
Potomac Bear Mitigation Area
Response to Comments
Memo