County moves ahead on gravel pits

If there were no disputes about the law, there would be no need for lawyers.

Time after time, however, we are reminded just how much of a need for lawyers there is in this world where laws are written by fallible people and then interpreted by still other fallible people. Oftentimes, laws seem to be interpreted by judges or agencies to mean the exact opposite of what the lawmakers intended.

It is just such a case that Flathead County now confronts in the aftermath of 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 regulating any gravel mining operations located in nonresidential zoning districts.

We have already written in a previous editorial why we think the law is being misinterpreted, but our concerns have no legal standing whatsoever. Neither apparently do those of the county commissioners who are elected to represent us.

Commissioner Howard Gipe said after the Board of Adjustment vote, "I think it is ridiculous that we don't have any say. I definitely think the county should have some ability to condition gravel pits."

Commissioner Gary Hall said, "Morally, I think we have to have some way of conditioning these gravel pits … We're mandated to protect the public health, safety and welfare."

Indeed, anyone who has ever visited a gravel pit would think it wise to regulate them when they operate next to homes and residences, whether or not the specific zone is listed as "residential." Moreover, in the 11 years since the current law has been on the books, it has never been interpreted by any county to mean that regulation of gravel pits is forbidden.

If Sanderson is right, it seems odd therefore that no legislator has ever stepped forward to complain that the law is not being followed. Nor have any of the five legislative sessions since 1993 resulted in revisions to the law to force counties to stop regulating mines.

What the law clearly says is that counties MUST regulate gravel pits if they are located in a residential zone, but it does not CLEARLY say that counties are prohibited from regulating gravel pits elsewhere. Alas, the state Supreme Court - in a 2002 ruling - was unable to perceive this distinction, so there is little chance for court relief.

Therefore, it is up to the new Legislature to change the law so that it is clear that counties have a right to regulate gravel pits, asphalt plants and concrete plants.

We are somewhat surprised that Commissioner Hall reported that the legislators he had talked to did not seem eager to help. Rep. Tim Dowell is preparing a bill that may set the matter straight. We recommend that everyone contact their legislators to let them know this needs to be resolved in the public's favor.

Even the Montana Contractors Association, which represents many members of the gravel industry, has said that it will support legislation to assure that local governments may reasonably regulate open-pit mining.

Let's get it done.