Bill would clarify rules for gravel pits

Whitefish Representative Mike Jopek and the Montana Contractors Association are working together on a bill that would clarify the authority of local governments to impose conditions on new gravel pits.

Jopek said House Bill 591 was prompted by an ongoing dispute over Flathead County's ability to regulate gravel operations in nonresidential zoning districts.

The dispute arose last fall after JTL Group applied for a state reclamation permit for a 33-acre pit east of Kalispell on property that's zoned SAG-5 suburban agricultural.

At the time, county zoning regulations listed extractive industries as conditional uses in a variety of commercial, industrial and agricultural zones, including SAG-5. Consequently, any new gravel mines had to apply for a conditional use permit from the county, as well as a state reclamation permit, before they could begin operations.

However, in response to an inquiry from JTL, then-Zoning Administrator Forrest Sanderson issued a ruling saying the county could not in any way limit or regulate gravel operations in nonresidential zoning districts.

The ruling was supported by the Flathead County Attorney's Office and was upheld on appeal to the Flathead County Board of Adjustment.

Jopek's bill would amend the relevant state statute, 76-2-209, to clarify that local governments do have the authority to require conditional use permits for new pits - including any related concrete or asphalt plants - regardless of where they're located.

"If counties want to condition gravel pits in any zone, they should have that freedom," he said in a press release.

Jopek noted that he has been working with the contractors association to craft a bill that meets the needs of the industry as well as local governments.

Cary Hegreberg, executive director of the association, said the current bill draft language isn't perfect, but he thinks an agreement eventually will be reached.

"We're pretty close to an agreement," Hegreberg said in a telephone message. "The basic concern we have is how extensively counties could condition [gravel pits] in areas other than strictly residential zones.

"We agree fundamentally that counties should be able to impose conditions in areas zoned as residential," he said. Beyond that, "it gets a little dicier in trying to come to a resolution. This is a case of balancing the rights of property owners with the rights of adjoining neighbors and concerned citizens. Sand and gravel operators are willing to impose reasonable [conditions] upon themselves, but they aren't going to abandon the right to extract value from their property. We're confident a reasonable balance can be achieved during this legislative session."

Alrick Hale, general manager for JTL Group in Kalispell - who previously expressed regret about asking for the zoning ruling that touched off this dispute - said he would love for this issue to get resolved.

"I think the intent [of Jopek's bill] is to remove any gray areas and clarify that counties do have the authority to regulate gravel operations," he said. "To me, that makes sense, as long as they're reasonable conditions."

Jopek introduced his bill Tuesday. It was referred to the House Natural Resources Committee on Thursday.

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In related news, a bill that would impose an annual fee on Montana's gravel operators and pay for two new inspectors was approved by the House Natural Resources Committee by an 18-0 vote.

House Bill 361 makes a number of revisions to Montana's Opencut Mining Act, including requiring all permitted gravel operations to submit an annual report that describes the progress of any mining or reclamation activities and the results of any monitoring activities.

The bill, which was requested by the Department of Environmental Quality, gives the agency the authority to suspend an operating permit under certain circumstances. It also imposes an annual fee ranging from $75 to $600 on every permitted mine based on its size.

The fee would raise an estimated $172,000 per year. The money would pay for two new DEQ employees, helping reduce the workload of the four agency employees who are currently responsible for inspecting and reviewing Montana's 1,900 permitted gravel mines.

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