In My View

Two Conditional Use Permit Applications were on file to be heard by the Flathead County Board of Adjustment on Nov. 3. One was for JTL Group's application to expand it's gravel mining operation and to add a concrete batch plant, adjacent to the Flathead River at Highway 35 and west of the Sunrise Terrace subdivisions. The second was for LHC, Inc. to expand their gravel mining operation on the north side of Stillwater Estates, Country View Estates and Country Estates subdivisions.

On Oct. 14, in response to a letter from JTL's consultant, Michael Fraser of Thomas, Dean and Hoskins, Forrest Sanderson, Flathead County's planning director, issued a monumental land use opinion: the county cannot legally require a conditional use permit for gravel operations, except within residential zoning districts.

Mr. Sanderson's opinion was supported by an Oct. 14 e-mail from Jonathan Smith, the county's chief deputy attorney, and further in a letter dated Nov. 3, Mr. Smith opines: "Only in areas 'zoned as residential' may the county subject gravel pits to zoning regulations." Mr. Sanderson's decision means that the county will now allow gravel pits to operate throughout the county without any county restrictions or control over hours of operation, dust-levels, noise, traffic, or reclamation timetables. This includes the right for gravel pits to run asphalt and concrete batch plants in their gravel pits.

I believe that the more important issue is that the county has abandoned its duty to defend its own lawfully enacted zoning Regulations. Flathead County's current zoning regulations, were adopted on Sept. 27, 1993. Section 3.01.010 of the zoning Regulations state the intent of the county in adopting these zoning regulations, which include: "Promoting health and general welfare; giving reasonable consideration to the character of the district; giving reasonable consideration to the peculiar suitability of the property for particular uses; and conserving the value of buildings. In these zoning regulations, gravel pit operations are classified as "extractive industries," and require a conditional use permit in the AG-80 , AG-40, AG-20, SAG-10, SAG-5, R-1, I-2, West Valley, and Labrant/Lindsey Lane zones, and are totally restricted from all other zones.

Section 4.10 of the current zoning regulations addresses conditional use standards for extractive industries, in which the county has formulated conditions that assure that gravel pits, as conditional uses in the above zones, are compatible with surrounding residential uses.

We rely on the county to enact and enforce zoning laws that protect our property values and quality of life. When residents purchase their homes adjacent to zones that require extractive industries to receive a conditional use permit prior to their operation, we rely on the county to conduct hearings for those uses, as set forth in the current Flathead County zoning regulations. If the county's zoning regulations are challenged, as in this case, we expect the county to defend its regulations, and if a resultant law suit is filed against the county, we expect them to follow into court to defend its regulations. If the courts rule that a portion of the regulations is incorrect, then we will honor the rule of law and the county would then amend their zoning regulations.

Upon learning of the county's ruling, I contacted Yellowstone County (Billings area), Gallatin County (Bozeman area), Missoula County (Missoula area), Cascade County (Great Falls area), Silver Bow County (Butte area), Lewis and Clark County (Helena area), and Lake County (Polson area) to inquire how these counties interpret the same state statutes and administer their zoning laws regarding conditional use permits or special review permits associated with sand and gravel operations. It seems that none of these other counties have a legal problem in requiring conditional use permits or special reviews on gravel pit operations in their jurisdictions, and they interpret the same state statutes differently.

I find it most alarming that the county has virtually kept this major decision from the public, publishing only a notice of public hearing in this last Sunday's Daily Interlake classified section.

Our Sunrise Terrace subdivisions were notified by a fax from Forrest Sanderson on Oct. 14, and we were given 30 days to file an appeal to the County Board of Adjustment. Our appeal was filed on Nov. 9.

The hearing on this issue will now be heard by the Board of Adjustment on Thursday, Dec. 16, at 7 p.m. in the 2nd Floor Conference Room of the Earl Bennett Building, 1035 First Avenue West.

I would encourage all property owners that have a concern about this major land use decision to voice your concerns by writing to the Flathead County Board of Adjustment (1035 First Avenue West, Kalispell, MT. 59901), and by attending the Dec. 16 Board of Adjustment hearing.

This issue affects hundreds, if not thousands of residents of Flathead County. The conflict between gravel pit operations and residential subdivisions will only increase with the passage of time, and the county's involvement in the conditional use permit and review process is vital.

Jerry Nix is a Kalispell resident and a

resident of the Sunrise Terrace subdivisions