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Subdivision regulations take effect Wednesday

by AMY MAY The Daily Inter Lake
| July 29, 2007 1:00 AM

It has taken more than six months to get through the planning process, but the time has finally come for new Flathead County Subdivision Regulations to get to work.

The regulations will go into effect Wednesday.

County commissioners unanimously voted on July 12 to approve the interim regulations.

Since February the county has worked to get the new regulations in place because the current document regulating subdivisions is out of date and not in compliance with state statues. The incongruence could leave the county open to litigation.

According to Planning Director Jeff Harris, the new regulations will serve as a step-by-step guide to the subdivision process. They will make procedures more simple for developers, the public and the county's planning and zoning office.

But the regulations are still in the interim stage.

Several key and contentious provisions were taken from the document and sent back to the planning board for further review, including issues such as:

. Application deadline and fees

. Cluster development

. Minor subdivisions

. Phased major subdivision plat submittals

. Condominiums

. Remainders

. Dust control and air pollution

. Access

. Road design and construction standards

. Roadway improvements

. Fire protection

. High or extreme fire hazard areas

. Flood-plain provisions

. Stream riparian setback requirements

After the board makes its recommendations on these issues, the commissioners will take final action.

Every other Thursday the planning board will hold public hearings on the questionable provisions.

At the meeting Thursday, the board made several changes to a few of the provisions. The board decided to put back into the regulations text that said remainders less than 160 acres are not allowed.

In the condominium sections of the regulations, the board clarified that condominium "lock off" units should be considered in the review process. They also clarified that the land under a condominium should be a single lot.

The board also clarified a dust-control provision that requires dust control on gravel and dirt roads following final subdivision approval.

The next subdivision regulation workshop will be held Aug. 9 at 6 p.m. in the conference room of the Weed and Parks Department, 311 FFA Drive, in Kalispell.

Reporter Amy May can be reached at 758-4459 or by e-mail at amay@dailyinterlake.com