Businesses demand new subdivision regulations

State and area building and real-estate groups delivered a letter today to the Flathead County commissioners, demanding that the county rewrite its subdivision regulations.

The Flathead Building Association, the Northwest Association of Realtors, the Montana Building Industry Association, the Montana Association of Realtors and the Montana Chamber of Commerce signed the letter, calling the county's regulations "overly burdensome and illegal."

The county's new subdivision regulations have been in effect since August 2007, but some provisions are still being reworked by the Planning Board.

Attached to the letter was another letter from the groups' attorney, William VanCanagan, who outlines numerous sections of the county's subdivision regulations he said do not comply with state law.

One of the major examples relates to the county enacting laws that are more stringent than state statute. According to state codes, the county must offer written findings based on peer-reviewed scientific data that shows increased restrictions are valid.

The letter cited problems with regulations on site disturbance near riparian areas, building on slopes exceeding 30 percent, density for seasonally high groundwater, and sewage treatment.

"Frankly, these regulations are not only illegal, they substantially increase the cost of building a new home," said Dustin Stewart of the Montana Building Industry Association. "They are asking us to build California homes and sell them to people with Montana salaries. That just doesn't work."

Stewart said that he hopes the county will work to rewrite the problematic sections. If not, a lawsuit may be forthcoming.

"We'd really not like to, but if they aren't willing to work with us, they don't leave us with a lot of other options," Stewart said.

Bob Helder, president of the Flathead Building Association, said his organization has been working with the county for a long time and sat in on numerous meetings when the regulations were being drafted.

"We want to bring the regulations into compliance with Montana law," Helder said. "Things have been put into place that don't. That's our frustration. We hope to start a real partnership, and we'll see where it goes."

Helder's organization represents 325 Flathead County businesses and individuals.

Flathead County Planning and Zoning Director Jeff Harris said the county's regulations were drafted using previous regulations and a model from the Montana Association of Counties.

"I don't believe they are illegal," Harris said.

Deputy County Attorney Peter Steele said the county included numerous people from the development community while writing the regulations, and doesn't know why the groups are now calling them illegal.

"It's a mystery to me," Steele said. "We looked at state statutes while we were going through" the regulations.

Steele said he and Harris will meet to go over the attorney's letter before planning a response.

VanCanagan wants the county to respond by April 30.

"Rather than immediately initiate litigation to challenge these illegal regulations in the courts, the affected organizations and individuals, including the Montana Building Industry Association, have decided that it may be productive to attempt to establish a dialogue with the county commissioners and county departments," he wrote.

Reporter Michael Richeson may be reached at 758-4459 or by e-mail at mricheson@dailyinterlake.com