Old problems, new developments: The usage of land differs from two governments

The Lake County Commissioners will discuss the County’s growth at 10:30 a.m., Jan. 20 on the third floor of the courthouse.

The Lake County Commissioners passed resolution 15-30 on Oct. 21, a resolution to repeal the Density Map and revise the Lake County Growth policy.

“Lake County has determined that the identified goals and objectives to facilitate the successful application of the Density Map have not been achieved after testimony and discussion of the matter,” the resolution stated, “and Lake County is commencing the process of revising its Growth policy to update the same and accomplish many of the identified but not achieved goals and objectives of the Density Document, to facilitate successful application of the Density Document and Growth policy.”

The growth policy was passed and adopted in August of 2003 by a different set of Commissioners (Paddy Trusler, Mike Hutchin, and Dave Stipe). The final line of the resolution said,  “...Commissioners believe it provides for the health, safety, convenience, order and general welfare of the citizens to adopt the [policy] to help guide future growth and development.”

The 123-page document detailed how Lake County should implement strategies to expand over the next 10 years. This included how to manage housing, land use, natural resources, public facilities and their implementation.

The introduction sets the tone in summation leading up to 2003 from an economic and population standpoint: “The population has grown by 25 percent, or around 7,000 people [from 1988]. The economy is no longer based on natural resources and is now dominated by service sector jobs and two-income families. Land prices have soared while agricultural profits have mostly fallen flat. Public

See GROWTH, A6

services and infrastructure have not kept pace with the demands of an ever-growing public.”

Lake County’s public, as defined by ethnicity 2003, was 74 percent “White (includes white Hispanic)” and 25 percent “American Indian.”

The goal of the Growth policy was to “guide” population growth and development, “that protects the area’s character and resources, minimizes public expenditures and attracts and retains businesses.” While the objective does not name the Confederated Salish Kootenai Tribes specifically, it stresses citizen input and “Intergovernmental coordination...”

The 2003 Growth policy does not recognize the CSKT government in it’s objectives. Land usage is a different matter.

The chapter containing the executive summary of “Land Use” illustrates the position Lake County and the CSKT, as two separate governing bodies, find themselves in since the 1855 Hellgate Treaty. Jurisdiction between the two governments creates an “overlapping” in territory, which the authors of the policy recognize.

“Jurisdiction over land use policy is a major issue in the overlapping territory. In order for any land use planning efforts to be truly effective, both lands under Lake County’s jurisdiction must be included and treated equally. This will require an unprecedented level of communication, cooperation and commitment.”

The Growth policy determined the creation and makeup of the Density Map in October of 2005.

The Lake County Planning Board used the Growth policy to determine the density, or “the average number of residential, commercial, or industrial units allowed per acre of private land.

This set boundaries and regulations on the speed of development in the Flathead Reservation and Lake County. If a private landowner wanted to sell private land, the owner would have to go through the Lake County Commissioners in what was called a “Subdivision Review.” The Density Map determines how many parcels are allowed to divide. It was possible and still is possible for two land owners with similar size properties to have different density ratings, depending on a number of variables.

Developmental land is deemed suitable through the policy “free of development hazards.”

Today, this is the point of departure with the CSKT. In a statement published in the Char-Koosta News on Jan. 7, the Tribes said the Growth policy was to be “praised” for “adapting a growth plan that preserved the best elements of Lake County.”

Land planning that protected wildlife and natural resources the policy stated were developmental hazards.

Hazards such as riparian corridors, stream banks, wetlands, and areas of riparian vegetation. Also included: “lakes, marshes, sloughs and areas within a designated 100 year flood plain.”

The regulations by the Growth policy were mandatory if a land owner had to create a new parcel, and would need to comply if the land was in Lake County’s jurisdiction.

Lake County Commissioners opened discussion to the public over the last year, Commissioner Chairman Gale Decker said in an interview on Monday afternoon. The Commissioners and the Planning Board have received letters from the public, private land owners, and the Confederated Salish Kootenai Tribes—a letter from Chairman Finley supporting the current growth policy.

“Things have changed in the last 10 years,” Decker said.

One outcome the growth policy didn’t plan on was the Great Recession, which started in the fall of 2007, in which the national economy collapsed under the bust of the housing market, which was propped up by shaky sub-prime loans and banks which were too eager to give them out.

“Well, the real estate market tanked,” he said. “That stopped growth.”

The Lake County Commissioners and the CSKT government disagree with the outcomes of the growth policy. The resolution to repeal the density map and the CSKT wanting to keep the density map come down to one word: “success.”

The Commissioners think the Growth policy has not been a success, and the Tribes do. Compare one with the other:

“Now, more than 10 years after the 2005 implementation of the Density Map and Regulations, the Lake County Commissioners are taking steps to rescind these past successes” said the CSKT statement.

As stated in the resolution, the Commissioners deemed the Growth policy did not “facilitate successful application of the Density Document.”

Janet Camel, the Planning Director of the CSKT, said in an interview Tuesday afternoon that the Tribes would like to see the growth policy remain intact.

“It’s never been about stopping growth,” Camel said. For the Commissioners to repeal the density map, she said they would be “throwing out what non-tribals and Tribals have felt about protecting the land. Keep the policy and make amendments.” Too many people she said worked to create it.

“It’s a beautiful tool,” said Camel.

Decker said Lake County is not forecasted by state agencies to grow for 50 years.

And while Decker maintains that the population isn’t growing, he speculated as to why the CSKT would like to see the Growth policy stay in place along with the Density Map.

“I think they have a fear of significant growth,” Decker said. “They don’t want non-native residents coming to the reservation. It’s a challenge: owning and running their reservation.”

“The Tribes get along with their neighbors very well,” Camel said to Decker’s remark.

Camel said the Tribes want to encourage growth near towns for fire protection and police protection. Not to impact the wildlife, which is the most important part of the Tribes’ way of life.

“This is their last homeland,” she said. “These are sensitive areas.”

Decker doesn’t think anyone would benefit financially from the Density map being repealed. He said there are “no developers” waiting for the regulations to be repealed.

“These regulations only apply to the creation of new parcels,” he said. “They do not effect already existing parcels.”

When asked about the potential increase in property values to land owners who wouldn’t be limited to subdividing their property, Decker said, “That’s a good question.”

Lake County is due to have land appraisals this April.

He stressed that that a property owner wishing to divide and sell land would still need to go through the Commissioners for a Subdivision Review.

“It’s not going to be easy; it’s quite expensive,” Decker said.

However, he acknowledged that the density map and growth policy keeps land prices “suppressed,” which he believes helps the CSKT.

The density map is in the Tribes’ best interest, he said, because of the Tribal Buyback Program. If the Tribes want to purchase large portions of land and put it in a trust, the land “comes off the property tax rolls,” he said. “It costs Lake County. We no longer collect taxes; it becomes a reduction in revenue.”

“The lands were illegially taken,” Camel said to Decker’s remark. “Because of that illegially taking of lands, the Tribes has had to buy their own reservation’s land back,” Camel said.

“It was proven in the 1970s that the Allotment Act was illegial. So yes; the Tribes have kept money in the budget to buy back their land. And if the density map is repealed, land will get subdivided and become more and more expensive,” said Camel.

“We want to keep the Valley the Valley,” Decker said, about the possibility of repealing the Density Map next week.

“There are a lot of false assumptions about repealing [the map],” he said, adding that Lake County’s infrastructure is lopsided in some areas, including policing.

“We have more Sheriff’s deputies than we do all of the police officers in Polson, Ronan, and St. Ignatius. They can’t handle more people.” He said a revision of the Growth policy would help spread out services in Lake County.

Still, he added, the repeal of the Density Map would only affect “47 percent” of the land, “mostly concentrated in the southern part of the county,” he said.

When asked about lakeside property values being effected, he said it would be a very small percentage.

Growth, according to the CSKT, should be in line to keep “high-intensity growth close to emergency services. Sprawling development poses and unwanted threat to our pristine lands that we all enjoy.”

For the CSKT, the issue is protecting the land because the Tribes depend on the fish and wildlife, Camel said, “for 14,000 years.”

Camel said these are also “cultural sites” and much of the land that the CSKT buys back it has not developed. “We need to encourage contiguous tracts of land for wildlife,” Camel said, “and have development that benefits all people. Not to just chop everything up,” Camel said.

“I don’t think people will notice any changes,” Decker said, if one of the commissioners places a motion to repeal the density Map. “We’ll have to update the growth policy with a lot of citizen input.”

“I’m waiting for someone to offer a different option,” he said, adding that he hasn’t heard anything new brought to the commissioner’s office.

Decker said that 10:30 in the morning for a public meeting is not unusual, although he said it might be difficult for some people to attend.

“We are obligated to hold meetings during business hours,” Decker said.

The fact remains and has remained for over 150 years, that two governments are operating on the same ground.