No applications on the table for BLUAC

The Bigfork Land Use Advisory Committee met last Thursday for its regular monthly gathering, but in what could well be a clear sign of the construction industry's travails, did not have any applications to consider.

Because of the lack of projects, the board used the opportunity to catch up on housekeeping and follow-up on some lingering questions.

At the regular January meeting, BLUAC Chairperson Shelley Gonzales made note of a letter received from a Bigfork resident questioning the legality of the "Ten Commandments" sign that was erected last fall along Highway 35 just north of Icebox Canyon. That sign has already been at the center of one controversy when, shortly after it was installed, vandals threw a bucket of paint on it sparking a flurry of letters to editor in the Bigfork Eagle in support of the religious signage.

George Smith, Flathead County Planning and Zoning's enforcement officer, spoke to BLUAC and told them that his research has shown the sign to be legal.

Smith said he consulted with the Montana Department of Transportation, who has jurisdiction over state highways and any adjacent signage, and the MDOT determined that the sign was neither in the public right-of-way nor in violation of any of their regulations.

"The state says it's not a billboard, but that it's a public service sign," Smith said. "There's no definitive prohibition against its installation, and frankly, they're not going to go there," Smith said.

The committee also requested updates about a few signs in Bigfork that had been, at varying times, in violation of Flathead County sign regulations. Those instances have largely been solved or determined not to be in violation, Smith said.

Though Flathead County has a laundry list of signage regulations, Smith spoke with the group about how difficult enforcement is.

"The process is dysfunctional," he said.

Though a business or individual in violation of the sign regulations is technically subject to a $500 per day fine after an initial grace period expires, Smith said that because of the lengthy and toothless process, there is little incentive for violators to change their ways.

"As it is now, it's a zero sum game for the county because violators know we can't do anything."

BLUAC also heard an informational presentation from Jay Whitney about a parcel of land in downtown Bigfork that is being claimed to have no owners, though Whitney believes the county and the public have legal right to it as it appears to fall within Everit Sliter's original Bigfork township plat. BLUAC also continued discussion to clean up the committee's bylaws as part of an ongoing attempt to clarify language in the rules.

BLUAC's next meeting will be held on March 26 at 4 p.m. at Bethany Lutheran Church.