Linscott Amendment hearing will be held June 8th at 1:30 and may have an affect on 95+ quarries in Bonner County.
Letters due for AM0004-22 Linscott Amendment by Wednesday June 1st Midnight: planning@bonnercountyid.gov
Summary:
Prior to 1981, gravel pits were not regulated. In 1981, gravel pits already in operation were allowed to continue as a non-conforming land use, and expand up to 10% from their size at that time. After that, they could apply for a Conditional Use Permit, which would them allow them to further expand an additional 50%.
These rules were specifically codified in Title 12 of the 2008 Bonner County Revised Code that is currently in effect.
Gravel pits that commenced operation after 1981 were required to get a conditional use permit. The permitting process allows conditions to be set for each pit that determine how close the property boundaries the pit will be allowed to grow, hours of operation, any mitigation required for things like traffic, etc. This ensures that gravel pits can operate to supply gravel we all need, while limiting, or at least mitigating, the negative impact on neighboring landowners. The system has worked well for pit owners and neighbors alike, where the rules have actually been adhered to.
The Linscott amendment would change the grandfathering date from 1981 to 2008, and eliminate the requirement for gravel pits to obtain conditional use permits, but instead be governed only by State Statute, which requires reclamation plans but leaves the specific conditions of permitting to County Land Use Code. The State generally sets the parameters within which counties can regulate, but leaves it to each county to set the specifics.
The Planning Commissioners recommended denial on this application for several reasons, including that the language could imply that asphalt plants would now be allowed where current code does not allow them. Commissioners also felt that eliminating CUPs for nonconforming gravel pits was not uniform application of the law, since new pits would be required to obtain one.
The Linscotts, owners of Linscott Gravel pit, who are asking for this amendment, lost in a Supreme Court ruling in 2018 with Citizens Against Linscott. The County and Supreme Court were presented documentation regarding the Linscotts Quarry, and its expansion of their nonconforming gravel pit, and the Supreme Court ruling decision letter says:
"...the County acted in a manner that was arbitrary and capricious in refusing to address the gravel pit's compliance with the nonconforming use provisions of BCRC. (Bonner County Revised Code). We award CAL(Citizens Against Lincott) costs and reasonable attorney's fees on appeal."
Also it continued elsewhere in the document decision letter:
"..it is difficult to imagine how a fact-finder could conclude the the gravel pit is in compliance with the nonconforming use provisions of Bonner County Revised Code."
Proponents of this amendment (CAL) contend this amendment is exclusefly to benefit the Linscott pit, since most quarries already comply with having a Conditional Use Permit, are legally following the local land use laws regarding nonconforming land use, and worry this amendment will allow expansion of gravel pits into asphalt plants anywhere in the county on nonconforming quarries.
This amendment, AM0004-22, will be presented to the County Commissioners on June 8th, at 1:30pm at the County Building.
Here is a link to all the files (application, narrative, staff report, etc.) related to the amendment application.
https://www.bonnercountyid.gov/FileAM0004-22