Property bill of rights part of update

A Flathead County growth policy update that includes a property owners bill of rights and a new chapter on gravel resources is on track for county commissioner approval Wednesday.

The commissioners recently agreed not to hold a public hearing on the final draft — a five-year update of the original 2007 growth policy — given a plethora of work sessions and two previous public hearings conducted by the county Planning Board. State law does not require the commissioners to hold another public hearing.

Instead the commissioners on Wednesday will vote on a resolution of intent to approve the update of the non-regulatory document that serves as a planning guide for the county.

A section on individual property rights added to the final draft stems from Commissioner Pam Holmquist’s request as a private citizen to consider a property owners bill of rights for the 2012 update. The preservation of property rights was a campaign issue for Holmquist when she ran for commissioner in 2010.

Among the property rights included in the update is the premise that “all landowners will receive fair and equal treatment during their interaction with the county and during the review and processing of all land use applications.”

The final draft also lists a number of requirements that must be met in land-use regulations “because of the increasing emphasis by the Montana courts on the ‘regulatory’ nature of growth policies.” Among those edicts is carefully drafting regulatory requirements to “ensure the highest probability of meeting the constitutional tests of ensuring substantive due process, providing procedural due process, insuring equal protection and avoiding a ‘taking.’”

A user’s manual was added to the growth policy to help people understand what the comprehensive planning document can and cannot do, and its relationship to other nonregulatory plans and regulations.

A new chapter on sand and gravel resources was included because a 2009 state Senate bill requires communities to provide an inventory of sand and gravel resources within their jurisdiction, Planning Board Chairwoman Marie Hickey-Auclaire said.

She said she feels the Planning Board did a good job of responding to what the public wanted to see changed and included in the update. When the board started meeting nearly two years ago to update the growth policy, “the economy was a hot thing,” Hickey-Auclaire said.

Economic information in the policy was heavily updated, “very extensive,” she said.

The final draft also includes all kinds of updated statistics based on the 2010 Census.

“Overall I felt the board responded to public comment,” she said. “I felt everybody did their homework. On that final day we wanted to be, ‘Hey, we’ve got our ducks in a row.’”

There was some public criticism because the Planning Board didn’t hold meetings in various outlying communities, Hickey-Auclaire said, adding that she felt it was a “Catch 22” situation between holding meetings at different times and locations or keeping a more consistent schedule of holding meetings in Kalispell.

During the Planning Board’s second public hearing in June, Planning Director BJ Grieve said keeping the public apprised of changes made to the growth policy during the update process was challenging because it’s such a large document.

“It’s been a challenge to communicate to the public what’s being considered and what’s no longer being considered,” Grieve said. “I do think this process has been open and has been thorough.”

The commissioners will vote on a resolution of intent to adopt the growth policy update at 10:15 on Wednesday, Aug. 29.

Public comments will be taken for 15 minutes during the general public comment session that begins the commissioners’ daily agenda. A final vote on the resolution will be taken in about 30 days. Written comments may be submitted to the commissioners on the proposed changes to the growth policy until a final vote is taken.

The final draft has been posted on the county website since April and can be found at http:flathead.mt.gov; go to the Planning and Zoning Department and click on the growth policy link.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com.