Televised hearing gives local residents chance to comment on gravel bill
The Daily Inter Lake
Flathead County residents have an opportunity to voice their opinions regarding the regulation of gravel pits during a Senate Local Government Committee hearing on Wednesday.
And they won't have to travel to Helena to do it.
The hearing, which will be conducted in Helena using a videoconferencing system, will address House Bill 591. Kalispell, Missoula, Bozeman, Glasgow and Billings will all be connected in by videoconference.
The bill was introduced by Rep. Mike Jopek, D-Whitefish. It clarifies state statutes and ensures that Flathead County can continue to regulate and impose conditions on new gravel pits, just as it has in the past.
Specifically, the bill says that gravel mines, concrete and asphalt plants "may be reasonably conditioned or prohibited" in areas that are zoned residential, and can be "reasonably conditioned, but not prohibited," in all other zoning districts.
The ability of local governments to impose any conditions on new gravel operations located in non-residential zoning districts was called into question last year.
At the time, JTL Group was seeking a new mining permit for a 33-acre gravel pit located on the east shore of the Flathead River, immediately south of Montana 35. In response to a company inquiry, then-Zoning Administrator Forrest Sanderson ruled that the county could not require a conditional use permit for the project, because it was located in a suburban agricultural zoning district (SAG-5).
The decision essentially overturned a decade of past practice here. It was later upheld by the Flathead County Board of Adjustment, and has since been appealed to District Court.
Absent a court ruling, HB 591 is the most obvious way to clarify whether local governments can impose any conditions on gravel operations that are not in residential zones.
The videoconference site is at Flathead Valley Community College, Learning Resource Center Room 120. It begins at 6:30 p.m. People will be able to see, hear and interact with the committee from there.
Flathead County Commissioner Gary Hall has offered to host the meeting here. He will orient people to the hearing process before the videoconference begins.
A second hearing will follow regarding HB 450, which was also sponsored by Rep. Jopek. The bill clarifies some of the processes that must be used when developing state school trust lands.