NOTICE OF PUBLIC HEARING
The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(8), M.C.A., that it will hold a public hearing to consider a request from Jim Roth to amend the text of the Flathead County Zoning Regulations (FCZR). The request seeks to add marijuana-associated uses as conditional uses in the B-1, B-3, B-5, B-6, BS, and BM-2 zones, and as permitted uses in B-2, B-4, I-1, and I-1H zones.
The proposal includes the creation of a new Section 5.15 Marijuana, establishing operational, odor, ventilation, lighting, and environmental control standards for all marijuana facilities, and adding corresponding definitions in Section 8.13. The proposed text amendment is attached as Exhibit A.
The Flathead County Zoning Regulations apply in all County zoning districts created under Section 76-2-205 M.C.A., and are on file for public inspection at the Office of the Board of Commissioners, located at 800 South Main, Kalispell, Montana, and the Flathead County Planning and Zoning Office, 40 11th Street West, Ste. 220, Kalispell, Montana. The regulations are also available on the Flathead County Planning and Zoning Office’s website at: https://flatheadcounty.gov/department-directory/planning-zoning/zoning-information. Documents related to the proposed amendments are on file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office.
A public hearing will be held on the 20th day of August, 2026 at 9:15 a.m. in the Commissioners’ Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the pubic an opportunity to be heard regarding the proposed amendments to the text of the Flathead County Zoning Regulations.
Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County Commissioners’ Office at least three business days prior to the hearing.
DATED the 30th day of July, 2026
BOARD OF COUNTY COMMISSIONERS
Flathead County,
By:_/s/Brad Abell_____________
Brad Abell, Chair
Publish on August 6, 2026 and August 13, 2026
EXHIBIT A: PROPOSED TEXT AMENDMENT
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- Conditional Uses (B-1).
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6. Marijuana, integrated facility. (canopy limited to 2,500 square feet)²
3.19.020 Permitted Uses (B-2).
22. Marijuana, integrated facility. (canopy limited to 10,000 square feet)
3.20.030 Conditional Uses (B-3).
12. Marijuana, integrated facility. (canopy limited to 2,500 square feet)²
3.21.020 Permitted Uses (B-4).
31. Marijuana, integrated facility. (canopy limited to 10,000 square feet)
3.22.030 Conditional Uses (B-5).
10. Marijuana, integrated facility. (canopy limited to 2,500 square feet)²
3.23.030 Conditional Uses (B-6).
9. Marijuana, integrated facility. (canopy limited to 2,500 square feet)²
3.24.030 Conditional Uses (BS).
9. Marijuana, integrated facility. (canopy limited to 2,500 square feet)²
3.26.030 Conditional Uses (BM-2).
2. Marijuana, integrated facility. (canopy limited to 2,500 square feet)²
3.30.020 Permitted Uses (I-1).
29. Marijuana operations.
3.31.020 Permitted Uses (I-1H).
29. Marijuana operations.
5.15 MARIJUANA
5.15.010 General Provisions
- Marijuana business activities must occur entirely indoors within a fully enclosed, permanent structure.
- Outdoor storage of marijuana merchandise, raw materials, or other marijuana materials is prohibited.
5.15.020 The marijuana business activities allowed in each district include the following:
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- Integrated facility in the B-1, B-3, B-5, B-6, BS, and BM-2 district includes:
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- Dispensary,
- Cultivation with a canopy limited to no larger than 2,500 square feet,
- Cooking, baking, and food‑preparation, within an enclosed, commercial‑grade kitchen or food‑processing area; and
- Manufacturing consisting of:
- Low-hazard solvent extraction; and
- Solventless extraction.
- Integrated facility in the B-2 and B-4 districts includes:
- Dispensary,
- Cultivation with a canopy limited to no larger than 10,000 square feet,
- Cooking, baking, and food‑preparation, within an enclosed, commercial‑grade kitchen or food‑processing area; and
- Manufacturing consisting of:
- Low-hazard solvent extraction; and
- Solventless extraction.
- Marijuana operations in the I-1, I-1H, and I-2 districts includes:
- Dispensary,
- Cultivation,
- Cooking, baking, and food‑preparation, within an enclosed, commercial‑grade kitchen or food‑processing area,
- Testing laboratory,
- Distribution/transportation, and;
- Manufacturing consisting of:
- Volatile solvent extraction
- Low-hazard solvent extraction, and
- Solventless extraction.
5.15.030 Odor Control Standards
1. Activated Charcoal Filtration
- The facility must use an activated charcoal (carbon) filtration system designed to capture and neutralize volatile organic compounds (VOCs) and odor‑producing compounds generated during cultivation, processing, extraction, or byproduct handling.
- Filters must be appropriately sized for the facility’s air volume and airflow rate.
- Filters must be maintained, replaced, or recharged according to manufacturer specifications, more frequently if needed to ensure effectiveness or upon county inspection.
- Charcoal filtration must be configured as the primary stage of odor mitigation.
2. Closed Ventilation System
Airflow must be directed inward from clean areas to odor‑producing areas and then through the odor control system before being exhausted. Venting untreated air directly to the exterior is prohibited.
3. Negative Air Pressure
- The grow facility must be operated under negative air pressure relative to adjacent interior spaces and the exterior of the building.
- Negative pressure must be maintained in all areas where Marijuana is cultivated, processed, extracted, stored, or where waste is handled.
- The facility must monitor and maintain negative pressure using mechanical ventilation or equivalent equipment.
5.15.040 Byproduct disposal
- Spent plant material, extraction waste, residual solvents, used soil, run-off, filtration media, contaminated products, and any remaining materials resulting from the extraction processes must be secured and properly disposed of, and not be placed within the facility’s exterior refuse container unless they render unusable and unrecognizable.
- All marijuana byproducts must be rendered unusable and unrecognizable and disposed of in accordance with applicable state regulations.
5.15.050 Grow Lighting Standards
- No light associated with marijuana cultivation may be visible from the exterior of the building.
- Grow lights must be positioned, shielded, and contained to prevent glare, light spill, or illumination escaping outdoors.
- Windows in cultivation areas must be covered, tinted, or otherwise treated to prevent visible grow‑light emissions.
- Cultivation lighting systems must use high‑efficiency, commercial‑grade fixtures such as LED, CMH, or other horticultural lighting designed for indoor agricultural use.
5.15.060 Specialized Environmental Control Requirements
1. Grow Rooms
A. Grow rooms must remain enclosed and sealed except for controlled ventilation required for safety, odor control, and environmental control.
B. Facilities using carbon dioxide (CO₂) enrichment must be equipped with a CO₂ monitoring and alarm system designed to detect elevated concentrations and warn occupants through audible and visual alerts.
C. Ventilation equipment must be capable of performing a complete air exchange within 30 seconds in the event of CO₂ system failure or over‑concentration, and must remain in emergency exhaust mode until CO₂ levels fall to the safe threshold set on the controller.
D. All exhaust air must pass through appropriately sized activated charcoal (carbon) filtration consistent with Section 5.15.030.
E. Negative air pressure in grow rooms must be maintained through engineered sizing of fans, filters, and air inlets to ensure odors do not.
2. Drying Rooms
A. Drying rooms must remain sealed, and because drying rooms are sealed, they are not required to maintain negative air pressure provided they comply with the odor‑control requirements of Section 5.15.030.
B. Continuous introduction of outside air is prohibited, except where required for life‑safety or code‑required ventilation, as uncontrolled outside air will compromise the curing process.
3. Finished product storage rooms are not required to operate under negative pressure, provided they remain sealed and comply with Section 5.15.030.
5.15.070 Annual inspections shall be conducted by county staff to inspect odor controls and other performance standards.
SECTION 8.13 DEFINITIONS “M”
8.13.042 Marijuana Canopy - The total amount of square footage dedicated to live plant production at a licensed premises, consisting of the area of the floor, platform, or means of support or suspension of the plant.
8.13.044 Marijuana Cultivator - The planting, cultivation, growing, harvesting, and drying of marijuana; and packaging and relabeling marijuana produced at the location in a natural or naturally dried form that has not been converted, concentrated, or compounded for sale through a licensed dispensary.
8.13.046 Marijuana Dispensary - A licensed premises from which marijuana or marijuana products may be obtained.
8.13.048 Marijuana Distribution - A facility used to transport marijuana and marijuana products from one marijuana business to another, or to and from a testing laboratory, and to temporarily store the transported marijuana and marijuana products at its licensed premises. A distribution facility is not authorized to sell marijuana or marijuana products to directly to consumers.
8.13.050 Marijuana, Integrated Facility - A licensed facility where marijuana cultivation, manufacturing, and dispensing activities are conducted on the same premises under a unified operation.
8.13.052 Marijuana Manufacturing – A facility engaged in the processing, compounding, or transformation of marijuana or marijuana plant material into marijuana products, marijuana concentrates, or marijuana extracts. Types of marijuana manufacturing may include:
- Volatile Solvent Extraction - A process using flammable or reactive chemical solvents to dissolve and separate cannabinoids or terpenes. Solvents may include but are not limited to butane, propane, hexane, methanol, acetone, or ethanol.
- Low-Hazard Solvent Extraction - A process using non‑flammable, low‑toxicity solvents such as carbon dioxide or food‑grade oils to separate cannabinoids and terpenes.
- Solventless Extraction - A process that uses mechanical or physical methods, such as pressure, heat, agitation, filtration, or ice‑water separation, to isolate cannabinoid‑rich trichomes without the use of solvents.
Manufacturing may also include the packaging, repackaging, labeling, or relabeling of marijuana products as allowed under MCA.
8.13.054 Marijuana Operations - A marijuana cultivator, manufacturer, dispensary, testing laboratory, distributor, or any other licensed facility or operation engaged in the handling of marijuana or marijuana products.
8.13.056 Marijuana Testing Laboratory - A facility that tests representative samples of marijuana and marijuana products, and provides information regarding the chemical composition, potency, and the presence of molds, pesticides, or other contaminants.