Gravel pit bill continues to advance

Deadline for transmittal is Thursday

A bill that gives local governments the clear authority to regulate gravel mines in any zoning district was approved by an 80-19 vote upon second reading in the Montana House on Tuesday.

House Bill 591 was introduced by Rep. Mike Jopek, D-Whitefish. It still needs to pass its third reading by Thursday to meet the deadline for transmittal to the Senate; however, it has received support so far from the Montana Contractors Association, the Montana Association of Counties and from residents who live near gravel pits.

The initial language in the bill was amended last week, making it crystal clear that gravel mines, concrete and asphalt plants "may be reasonably conditioned or prohibited" in areas that are zoned as residential, and can be "reasonably conditioned, but not prohibited" in all other zoning districts.

The only open question is what qualifies as a residential zoning district; that issue will be addressed on the local level.

"We were able to hammer out an agreement that I think meets everyone's expectations," Cary Hegreberg, executive director of the Montana Contractors Association, said in a telephone interview. "What the bill now does is allow counties to preclude open-cut mining in areas that are zoned residential, and it allows counties to place reasonable conditions on mining operations in all other zones."

HB 591 was prompted by a Flathead County dispute last year involving JTL Group and homeowners in the Sunrise Terrace subdivision west of Kalispell.

JTL wanted a permit to operate a gravel pit on 33 acres just west of the subdivision along the east shore of the Flathead River. The area was zoned SAG-5 suburban agricultural. The county zoning regulations require conditional use permits for new gravel pits in such areas - a regulation that had been in place for more than a decade.

However, after JTL questioned the requirement, then-Zoning Administrator Forrest Sanderson ruled that the county could not put any conditions on gravel pits in any nonresidential zoning district.

That ruling was later affirmed upon appeal to the Flathead County Board of Adjustment.

Alrick Hale, general manager of JTL's operations in the Flathead, said he regretted ever asking for the zoning ruling. He testified in favor of HB 591 during committee hearings in Helena.

If approved, the bill would reaffirm that the county's past practice of requiring conditional use permits for new gravel pits can continue.

Several other bills related to planning and land-use regulations also have seen action in recent days, including:

. Senate Bill 185 would allow local governments to impose impact fees on new development to cover the cost of new public facilities needed to serve that growth. It was approved on third reading by a 36-14 vote and forwarded on to the House.

. Senate Bill 195, the Quality Growth Act, was transmitted to the House last week. It would require the state's largest and fastest-growing counties to designate preferred growth areas for future development.

. Senate Bill 309 would have removed language that prohibits areas such as Evergreen from incorporating because they're already within three miles of an existing municipality. The bill was tabled in committee.

. Senate Bill 173, which would have established no-development zones along perennial stream and river corridors, failed second reading on a 24-25 vote.

. House Bill 580 would have allowed local governments to require public hearings for minor subdivisions. It was tabled in committee.

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