Lack of bipartisanship dooms planning bills

Several bills that would have affected land-use practices in Flathead County died in committee at the Montana Legislature last week.

Split party control of the Montana House and Senate chambers apparently doomed the bills, which lacked sufficient bipartisan support to make it through committee.

Some of the bills that recently were tabled include:

. HB 205 - This bill would generally have made it more difficult for anyone to petition for the creation of a controlled groundwater area.

Sponsored by Rep. George Everett, R-Helena Flats, HB 205 was written in response to a situation in the Smith Valley. Landowners concerned about development there asked the state to create a controlled groundwater area, which would have required homeowners to prove water was available before they drilled a well. After a lengthy and expensive process, their petition was denied when state officials concluded that they hadn't demonstrated that water availability was a problem.

The bill barely advanced through the House on a 50-49 vote in February. It was tabled Saturday by the Senate Natural Resources and Energy Committee.

. HB 425 - Among other changes, this bill would have given local governments the authority to restrict, for as long as two years, the sale of lots created by family transfer.

The House approved the bill 57-42; however, it was tabled Thursday by the Senate Local Government Committee.

. HB 590 - Also sponsored by Rep. Everett, this bill would have guaranteed property owners the right to do whatever they wanted with their property, as long as they caused no harm. It also would have created stricter standards for neighborhood plans, requiring that they be supported by 60 percent of the property owners and 50 percent of the acreage involved in the proposed planning jurisdiction before they could be considered by the local governing body.

The Montana Association of Planners opposed the bill because members thought the property-rights definition, as written, would result in substantial litigation.

The bill squeaked through the House on a 52-47 vote, but was tabled Thursday by the Senate Local Government Committee.

Any of these bills could be brought back to the table by the committees, or by a majority vote of the chamber, though whether any of them have the necessary bipartisan support is unclear.

Two land-use planning bills that remain alive, at least temporarily, are HB 415 and SB 508.

Unlike major subdivisions - which create six or more home lots - minor subdivisions never have had to set aside areas for parks. House Bill 415 would give local governments the discretion to require parks in minor subdivisions, as long as their subdivision regulations "specify the circumstances under which a park dedication will be required."

The House approved the bill 54-44 in February. After getting through the Senate Local Government Committee on a 6-5 vote Friday, it now goes to the full Senate for a vote.

Senate Bill 508 would allow impact fees to be charged for school infrastructure.

When the 2005 Legislature gave local governments the authority to charge impact fees, it exempted developers from paying for new schools. This bill would remove that language.

The House Education Committee held a hearing on the bill last week, but hasn't taken action.

Information about the status and content of any bills, as well as hearing schedules and outcome of any votes, can be found on the Montana Legislature's Web site at http://leg.mt.gov/css/default.asp