County considers moratorium

 The request comes on the heels of the commissioners instructing the Planning and Zoning office a week earlier to issue building permits based on the county’s “code as written, and per the memorandum of the opinion from the current prosecuting attorney.” Along with that, the P&Z  office was referred to the county prosecutor for answers to any legal questions, and was told “to honor the settlements that were negotiated by the current prosecuting attorney.”

 An appointee to the county’s new Agricultural Protection Area advisory committee, Schwenkfelder, said, “The actions you took in your last meeting completely go against the spirit and mission you set us on as an APA commission by making it easier to divide our A1 ag ground into splits for housing and development.

 “Threats of litigation are not a reason to bend the rules and the codes that have been in place for decades,” he said. “If the intent of the people of Washington County has been four splits on original parcels, and the code is worded incorrectly to delineate that, then please change it to reflect that intent accordingly.

 “The intent of housing splits has been consistent for some time,” Schwenkfelder reminded the board. “The folks that have adhered to that interpretation of the code have a stake in this also. The threats of litigation don’t just come from one angle.”

 Schwartz said he is among many who have been paying attention to the recent confusion over county codes related to ag land in Washington County. 

 “We are seeing different opinions on the code from different attorneys and many citizens, including myself, have reviewed the codes and have our own understanding of their meaning,” he said. “My review has caused me to conclude two things: the code has a clear theme of keeping ag ground in ag production, and the current code appears adequate. It’s been in place for a lot of years.

 “In recent years, it appears our county commissioners have not uniformly interpreted and implemented these ordinances,” Schwartz said. “This has created fertile ground for litigation with the county open to lawsuits from both directions.”

 “The manner and how building permits are issued in the county has the ability to shape the face of Washington County forever,” Soulen said. “I believe taking as much time as needed to get all of the facts and information and views of the residents who live and work here is very important. If it takes a moratorium to give you that time, so be it.” 

 Clarifying he was there in his capacity as a citizen “who happens to be the chairman of the Washington County Planning and Zoning commission,” Jaeger offered an attorney-prepared moratorium ordinance, suggesting the board could declare an emergency and act on it that day. He provided a copy of state code supporting an emergency declaration, as well as citing several examples of similar moratoriums that have been enacted in counties and cities around the state.

 Jaeger reminded the board the P&Z commission had spent around two years on revisions to shore up the county’s code, and after holding public hearings, the revisions were forwarded to the county commissioners late last summer with a recommendation for approval. 

 Commissioner Gordon Wilkerson said the board had opted to wait until after last fall’s elections for newly elected officials to take office in January. Five months into the new year, the commissioners have neither taken action on the revisions, or returned them to the P&Z for further work.

 Commission Chair Jim Harberd said he has been asking for a moratorium for some time, but was told the county’s situation doesn’t fit the legally required criteria. Harberd also had in hand a copy of a “land division” moratorium approved in Bonner County on April 21, that went into effect in that county on Monday.

 “I think we need the time to do some more research, and in the process of doing the research, that’s exactly what we’re going to need, time,” Harberd said. “It’s not unlimited time, it’s only good up to 182 days, if necessary, and I wouldn’t foresee it taking that long, myself.” 

 Commissioner Nate Marvin said he had initially favored a moratorium, but in doing his own research and after conversations with the county prosecutor, said he’s not convinced Washington County’s is an emergency situation. 

 Harberd motioned for a moratorium declaration, garnering no response from Marvin or Wilkerson, and leaving it moot for lack of a second. But, Marvin then said he wants to read through Bonner County’s declaration and ordinance, and asked for continued discussion at next week’s meeting.

 “If we can do it legally I’ll support it,” he said. “But I’m not getting the county in another lawsuit, and I’ve been advised it’s a slippery slope when you do moratoriums.”