Gravel amendment stirs up more dust

The Flathead County commissioners are set to take final action this morning on a controversial zoning text amendment related to gravel pits.

A resolution of intent regarding the amendment was approved in June, kicking off a 30-day public comment period.

Since then, about a dozen letters and e-mails have been sent in, with half favoring the proposal and half opposed - including one that suggested it would result in a lawsuit.

"If Flathead County were to adopt the proposed amendment, it would step onto a slippery slope which could have unanticipated legal consequences," wrote Montana Contractors Association Executive Director Cary Hegreberg. "You would almost certainly be challenged by individuals and companies that own gravel deposits in the county."

If approved, the text amendment would expressly prohibit new gravel pits in any of the traditional residential zoning districts.

It would also let the county prohibit new pits in any agricultural or suburban agricultural zoning district - if the Board of Adjustment decides that the impacts from a project can't be mitigated.

Hegreberg and others suggested that the subjective nature of this determination would surely lead to more lawsuits.

(The county has been sued four times in the past year in disputes related to gravel pits, including twice on one West Valley project.)

Opponents also said the text amendment was contrary to state law, which only allows gravel pits to be prohibited in residential zones.

Helena attorney Michael Kakuk, in a letter to Hegreberg, said that Flathead County could rezone the entire valley as residential if it wanted to - subject to the statutory challenge provisions.

However, "what it can't do is … decide whether or not a particular area is residential only after a particular activity is proposed," he wrote.

Given the continued statewide demand for gravel and the increasing conflicts surrounding new mine proposals, Kakuk said that "what happens in Flathead County will certainly have impacts across the state."

Alrick Hale, general manager of JTL Group in Kalispell, suggested that the commissioners reject this amendment and then set up a committee of local real estate agents, homeowners, farmers, ranchers, contractors and zoning officials to review the issue and craft a document "that would be workable for all of the citizens of the county."

Proponents, on the other hand, say with more and more homes being built in the valley's rural areas, the text amendment is the only way to protect the rights and safety of the people who live near these projects.

The commissioners will address a final resolution regarding the proposed text amendment at 10:30 a.m. They aren't expected to take public comment at that time; however, a general public comment period will be held at 8:45 a.m.

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