Flathead County growth policy update moves toward completion

The Flathead County commissioners on Wednesday moved a step closer to approving a revision of the 2007 growth policy by passing a resolution of intent to approve the update.

While no further public hearings will be held, the public still will have 30 days to submit written comments about the revisions.

The final draft includes a property owners bill of rights, a new chapter on gravel resources and a user’s manual among the changes to the nonregulatory document.

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.”

Citizens for a Better Flathead issued a press release on Wednesday noting that recent proposed changes to the growth policy “undermine our economic future by arbitrarily removing and rewording significant policies and text in the growth policy and by calling for individual property rights to have ‘control’ over all other elements of the growth policy.”

Citizens board chairwoman Lynn Stanley said the group specifically is concerned about changes that remove or weaken multiple transportation policies and make changes to water quality protection policies.

The group faulted the county for making last-minute changes in the last two months of a two-year review process, with little time for public input. It also criticized the Planning Board for not providing the public with a copy of the documement with changes clearly shown.

A copy of the final draft is posted on the county website but doesn’t show side-by-side comparisons of the changes from the old to the new document. Planning Director BJ Grieve said earlier he believes the public process was open and thorough, but said it was a challenge to communicate what was considered and what was no longer being considered.

Other citizens also questioned the property rights language in the update. Steve Gniadek of Columbia Falls sent in written comments, noting “it appears the growth policy emphasizes property rights with less emphasis on our collective, public rights.

“I’m concerned that public rights are being further eroded during the update process,” Gniadek stated. “There must be a balance between private property rights and public rights, but private landowners have an obligation to protect wildlife for public benefit, and this is not adequately reflected in the current draft.”

Written comments may be submitted to the commissioners on the proposed changes to the growth policy until a final vote is taken in about a month.

The final draft 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 email at lhintze@dailyinterlake.com.