Streamside setbacks get state hearing

The House Local Government Committee will consider a bill that would establish streamside setbacks on 10 rivers in Montana. Setbacks will happen, eventually. But I'm not sure there's enough wind behind the idea this legislative session.

The bill has rekindled the predictable debate about property rights in the Bitterroot Valley, where there has been vocal opposition to setbacks, as well as some of the most damaging examples of streamside development in the state.

Let's not forget, if you build along rivers and streams, you eventually need to armor the bank in some way to protect your dream home. When you do so, often with rip rap, you simply shove the erosion problem off on your downstream neighbor. And you usually intensify the probelm in the process. This, of course, is where your right to swing your fist colides with my right not to be punched. Property rights are not absolute. There is a balence to be reached between the absolute right to build where ever and what ever you want with the rights of neighbors not to have their property harmed in the process.