Guest opinion

Gravel industry is the pits

The gravel industry must be subject to regulation everywhere in Flathead County. The County (the citizens) had that authority until former Flathead County Planner Forrest Sanderson's disastrous decision stripped citizens of that right. Now citizens have gone to local district court to defend their property rights against a bully industry.

Rep. Mike Jopek (D-Whitefish) has introduced a bill (HB591) to clarify the law that prompted Sanderson's opinion. However, it remains to be seen whether the Montana Legislature will stand tall against the narrow and selfish interests of the gravel industry. The Legislature should make sure that the changes uphold the status quo that county's have the authority to regulate gravel pits everywhere.

Industry lobbyist Cary Hegreberg was quoted in the press stating, "Sand and gravel operators are willing to impose reasonable [conditions] upon themselves, but they aren't going to abandon the right to extract value from their property." Noble sounding words until one reads between the lines.

The gravel industry does not currently have the "right to extract value from their property" without first applying for a Conditional Use Permit. That application triggers a public hearing where they must establish that the proposed gravel pit won't damage adjoining property rights. The county can

grant or deny the application. The right to mine is granted only with the issuance of the Conditional Use Permit.

In a nutshell, the gravel industry wants to use HB 591 to weaken existing standards to permit mining where now they must apply for a Conditional Use Permit-anywhere not specifically designated "Residential."

Take for example the one year old JTL/Klempel pit on Coverdell Road in Bigfork.

That pit was authorized by the County's Board of Adjustment after lengthy debate. The Board granted a Conditional Use Permit for just one year of operation for the purpose of rebuilding Highway 82. That length of

operation represented a compromise between what JTL and the Klempels wanted, and what the neighborhood wanted. The mine operators got one year of profitable mining, the neighborhood got the assurance that they would again enjoy the full value of their property (including peace and quiet), and the community got an improved Highway 82.

However, the industry wants more than what was granted to them. Without further regulation by the County - or clear laws from the legislature-the JTL/Klempel pit sits poised to triple the volume and remain open

indefinitely.

Neighbors would be prevented from defending their property rights. Neighbors will never know when they will be able to fully enjoy again the traditional uses and value of their land.

The Legislature must uphold the higher standard and protect the rights of neighborhoods. This means understanding the gravel industry's power grab and its implication for adjoining property rights, monetary values, and quality of life.

Yes, Legislators, clarify the law, but make sure you maintain the status quo when you do.

Keep our "good neighbor" the gravel industry a good neighbor.

Keep him regulated.

Wendy Anderson

Bigfork