Commissioners' move amends rules for gravel pits move amends rules for gravel pits

By MICHAEL RICHESON / The Daily Inter Lake

Flathead County Commissioners on Thursday unanimously passed a controversial text amendment that could have far-reaching implications for gravel pits.

The amendment to the Flathead County Zoning Regulations clarifies that land zoned AG-40 and AG-80 is not primarily residential. The new language means the county can

Flathead County Commissioners on Thursday unanimously passed a controversial text amendment that could have far-reaching implications for gravel pits.

The amendment to the Flathead County Zoning Regulations clarifies that land zoned AG-40 and AG-80 is not primarily residential. The new language means the county can't deny gravel pits in those zones, but the county can condition new pits.

Land zoned AG-40 and AG-80 - tracts of property designated as agricultural land that can't be divided into parcels smaller than 40 or 80 acres - makes up about 35,000 acres in Flathead County. Of the 236 gravel pits in the county, eight are located in AG-40 or AG-80 zones.

Previous language essentially made all of the land in those zones residential, which meant gravel pits and associated activities could be prohibited.

The commissioners' decision was based on state legislation that clarified the applicability of local zoning regulations to sand and gravel operations and operations that mix concrete or batch asphalt.

The legislation stated that zoning regulations may reasonably condition, but not prohibit, the complete use, development, or recovery of a mineral by an operation that mines sand and gravel, and may condition an operation that mixes concrete or batches asphalt in all zones other than residential.

"I think this change represents what I see as the intention of that law, and that needs to be supported," commissioner Joe Brenneman said. "As a matter of policy, I think this is the logical step."

Not everyone in the audience was quite as supportive.

"We're getting screwed again," West Valley resident Joe Granna said. "The citizens in the West Valley are going to get screwed because the large landowners are going to run roughshod over us."

Planning and Zoning Director Jeff Harris said that nothing in the amendment would affect West Valley residents because they already have a neighborhood plan and zoning district. However, upcoming changes to the West Valley Neighborhood Plan may change that as the plan is updated to comply with state statutes and the county's growth policy.

Numerous West Valley residents spoke out Thursday against the amendment, saying it was a slippery slope to ramming gravel pits into an area where people oppose them, especially if sweeping changes are made to the area's neighborhood plan.

"You'll get this passed, then change the West Valley plan and then change the zoning regulations," Tom Clark said. "This is all one long process to get by the Supreme Court decision and to bypass the majority of small landowners in West Valley."

Before casting his vote of approval, Commissioner Gary Hall tried to calm the audience's fears of an explosion of new gravel pits throughout the county.

"We appreciate your comments and your passion," Hall said. "It will still be difficult to put in a gravel pit anywhere even though it's a resource that we need."

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