Greg and Elizabeth Mackenstadt were among those who lost their home in the Dec. 1, 2021 Gibson Flats fire.

Now they’re trying to rebuild.

They applied for a variance to the county’s floodplain regulations that requires the lowest floor elevation, including the basement and other utilities, to be two feet above the base flood elevation.

The Mackenstadt’s variance request has their lowest floor more than seven feet below the base flood elevation.

Three enter not guilty pleas in relation to Gibson Flats fire

County planning director Charity Yonker said the application is insufficient and suggested that commissioners deny the application or table the decision to gather more information.

County Commissioners decided during their July 26 meeting to postpone the decision to a special meeting on Aug. 4.

The Mackenstadt’s argue in their application that they are trying to rebuild in the same footprint as their previous home, which had an approved floodplain permit.

County waives fees for certain permits to rebuild for those affected by Gibson Flats fires

County planning staff say in their report that the same floodplain regulations existed then and that there is no evidence the applicants had a variance to deviate from the regulations.

Greg Mackenstadt said during the July 26 meeting, “all I want to do is build the house I had.”

He said that he had poured concrete in June because he thought his permits would get approved and the county sent him a cease and desist letter after the work had been done.

Three arrested in connection to Dec. 1 Gibson Flats fire

Mackestadt said he was frustrated with the process for permits and the time it was taking to get approvals.

“I need a house to live in,” he said.

Multiple other residents of the Gibson Flats area that were affected by the fire said the insurance companies had not been kind to them and that rebuilding was difficult. They asked the county to “please help us.”

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Commissioner Jim Larson said that it seemed like “common sense to houses back where they were, but it’s not quite that easy.”

Commissioner Joe Briggs was not at the meeting and the others said they wanted to push the decision to have all three of them there to vote and to have more time for more information.

Fire burning in Gibson Flats area

Yonker said that staff is reviewing their floodplain application but without the variance, they won’t be in compliance with the regulations.

Commissioner Don Ryan said he doesn’t think it’s fair that the floodplain regulations are the same across the county as there are different conditions in different areas. He said that they’d have to take that up with the U.S. Federal Emergency Management Agency, which sets those regulations.

County opts not to review growth policy; floodplain regulation review underway

Ryan said they have to follow the laws, but as commissioners, get to weight in.

Eric Mills is an attorney in Great Falls and grew up in the Gibson Flats area.

He said he didn’t understand how the county approved the same footprint in 2016 and when their houses were burned down by arsonists, the homeowners had to jump through hoops.

County seeking public input on floodplain regulations [2021]

“You get paid to help him deal with these problems. You work for us,” Mills told county commissioners and staff.

Mills said that those homeowners need staff to help them find solutions rather than just telling them the problems.

The county began reviewing their floodplain regulations in February with the Montana Department of Natural Resources and FEMA.

She said during a February planning board meeting that the county will work with those agencies to review what the program is, which is essentially an insurance program and the county has to meet FEMA’s minimum requirements.

The DNRC has model regulations that the county is using to update theirs, Yonker said during that meeting.

ZBOA opts not to ask county planning board to revise zoning regulations pertaining to townhomes

The county has to submit their revisions to FEMA and DNRC for approval, then they’ll come to the planning board for review. If the board makes changes those have to be sent to FEMA and DNRC for review again, then they go to the County Commission for final adoption, Yonker told the planning board.

DNRC gives the county six months to review the floodplain regulations and the process was underway in February.

Trials for the three charged with the Gibson Flats arson have been pushed to August and October.