Small Town News

PZ mulls public comments on Land Use Plan

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The Big Horn County Planning & Zoning Commission board of trustees voted to table any decisions concerning the future of the updated land use plan after hearing comments from nearly 30 people at a public hearing held Sept. 22.

An overwhelming majority of the speakers expressed strong opposition to any type of government regulation concerning private property rights in this county.

Ken Markert of MMI Consulting, who headed the nearly two-year project to draft the plan, said preventing loss of agricultural land and preserving property rights was a top priority for the 11 steering committee members who worked on the project. The direction was set by more than 900 rural residents of 1,900 who returned a countywide survey mailed to property owners in 2007.

Many of the more than 80 people in attendance debated Markert's statements saying the plan is being sold to the public as having no authority to regulate but ultimately paves the path to zoning, government inspections, increased costs and bureaucracy.

Markert said the primary focus of the plan is to revise the existing county subdivision regulations to include financial guarantees from developers that improvements will be built as designed, "to make sure that responsibility doesn't fall on lot owners later, usually as a surprise."

New property owners can buy a chunk of land not knowing that they must pay the engineering and excavation costs to run water pipe to the main line at their own expense.

The plan also calls for developers to meet minimum fire protection and irrigation standards.

Markert defended the plan, saying, "We're not talking about comprehensive zoning, it doesn't get into how big your lot should be or how you should use it, except for nuisance junkyards."

Nuisance junkyards are already governed under the state's nuisance abatement statute, but that law is "pretty weak, and no county really uses it," Markert said.

The county could also do more to prevent subdivisions being filed at the county clerk's office without getting approved by P&Z, Markert said.

Lance Cheatham, a contractor born and raised in Shell Valley, said he knows what its like to be regulated by a land use committee. He said economics forced him to leave the area for a time and he did not appreciate the complications land regulations can put on contractors. He purchased 160 acres on Shell Creek to have the freedom he missed.

"I know what it's like to wait six months to get your permit approved on your own house and to try to please the inspector with his own agenda and no care about when your house gets done or how much it costs," Cheatham said.

Also, being thrifty and making do have long been a part of the ranching way, he said.

"Doing my part to be 'Green' I go to my 'junkyard' to get a bolt or a pulley," Cheatham said.

Dick Loegering, a 13-year Lovell resident, also spoke against the plan.

"I'm getting a little tired of government control," he said. "Now Nancy Pelosi will probably call me a homegrown terrorist, but I'm not."

Larry Thomas, Winston Miller, Julie Collingwood, Dan Collingwood and Bill Craft also took their turns at the microphone to express opposition to future regulation.

John "Jack" Cordner of Frannie used his five minutes to express guarded support for the land use plan.

Having no zoning at all is far worse than having zoning, Cordner said.

"If Conoco decides it wants to set up a convenience store and the land owners in the area object, who do you think is going to win?" he asked.

Zoning levels the playing field against the Conocos of the world, Cordner said.

Cordner said zoning has been misused to favor the wealthy, but public vigilance and responsible government leaders can prevent that from happening here.

"Responsibility means doing the right thing without having a policeman or a judge standing by your side," he said.

Jenny Mercer, a Hyattville resident and member of the South Big Horn Conservation District's water quality committee, made personal written comments in support of the plan, but with three pages of specific suggestions.

Mercer said suggestions and regulations should be carefully worded to protect ag operator property rights. Older model mobile homes, for example, are sometimes used to house seasonal workers and go unoccupied for part of the year.

She suggested some groundwork to ensure maps are depicted accurately. For example, "looking at the future land use map, there are several areas shaded/labeled for medium density development, or one house per 10-20 acres, along Cold Springs and Alkali roads. "These areas are not in the local water company and are an hour from town services. I would question the wisdom of suggesting these areas be zoned medium density."

Mercer said as the water quality committee chair she would be uncomfortable with Crystal Creek, Shell and Beaver Creek and Medicine Lodge/Paintrock Creek being zoned with anything other than current ag use in mind because they are primarily located in a flood plain or high sensitivity ground water zones.

The period to turn in written comments on the plan has been extended until 5 p.m. on Oct. 12.

County Planner Jim Waller said copies of the plan are available in numerous places including the libraries in Basin, Greybull and Lovell, the Big Horn County Clerk's Office and on the Web at www.bighornplan.info.

Comments can be submitted via e-mail to planner(r) bighorncountywy.gov or mailed to P.O. Box 29, Basin, WY 82410.

The decision for the land use plan will be a regular agenda item at 7 p.m. on Tuesday, Oct. 13 at the next Big Horn County Planning & Zoning Commission meeting in the county commission meeting room in the courthouse.

Commissioner Keith

Grant said for comments to be most effective, specific items and proposed changes should be identified.



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© 2009 Greybull Standard Greybull, Wyoming. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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