Commissioners support effort to regulate gravel pits

Two Flathead County commissioners say they'll look for ways to retain some say in how gravel pits operate in the valley, despite a formal ruling on Thursday that undermined their authority to regulate the industry.

Their comments followed a 2-2 vote by the Board of Adjustment that left intact a recent decision by Zoning Administrator Forrest Sanderson. The ruling prohibits the county from requiring conditional use permits for any gravel mines located in nonresidential zoning districts.

"I think it's ridiculous that we don't have any say," Commissioner Howard Gipe groused. "I definitely think the county should have some ability to condition gravel pits."

Gipe said the commissioners would meet with the county attorney on Monday to see what could be done in light of Thursday's ruling.

"If we need to go to the Legislature to get this fixed, then we should push for it," he said.

Commissioner Gary Hall said he's already talked with a couple of local legislators about this issue, and they don't want to touch it. However, he said the county has to find a solution to this impasse.

"Morally, I think we have to have some way of conditioning these gravel pits," Hall said. "We have to work within the law, but we're also mandated to protect the public health, safety and welfare. I don't think it's unreasonable that we be able to set some guidelines [on mining operations] that allow us to watch over our citizens."

Hall said he would have preferred that the Board of Adjustment overturned Sanderson's decision.

"That would have been the best solution," he said. "I'm not surprised by this decision, but I was hopeful. Then, if we conditioned a new pit and ended up in court, fine."

During Thursday's public hearing, opponents suggested that Sanderson had overstepped his authority, saying he should have taken this issue to the commissioners first and let them decide how to respond.

Neither Gipe or Hall, though, were willing to second-guess their zoning administrator.

"I don't fault Forrest or [Deputy County Attorney] Jonathan Smith," Hall said. "They were just trying to do their jobs, and we rely heavily on their guidance."

Board of Adjustment member Mark Hash, who voted to overturn Sanderson's zoning decision, said he respected the way Sanderson handled this matter.

"I know he's received some remarks about not doing his job, but I feel just the opposite," Hash said. "I think he put a lot of work into this, he looked to the county attorney for legal authority, and he presented us with a detailed analysis. I think he truly did his job and I applaud his efforts."

During a previous interview, Sanderson said the proper remedy to this problem was for the Legislature to give counties the authority to regulate or place conditions on gravel pits.

"If the commissioners believe it's in the public's best interests to change the law, and they ask me to go to Helena to try and fix it, I will pursue it tenaciously," he said.

Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com