Organization recently pulled out of working group on zoning rules

In a letter to the Helena Association of Realtors, Lewis and Clark County commissioners called the group's withdrawal from an ad-hoc growth-standards group "unfortunate."

"With or without (Realtors') participation ... the county commissioners are committed to replacing interim zoning with a comprehensive zoning package that will allow our community to grow at the expected rates and protect the needs of county citizens," commissioners Mike Murray, Ed Tinsley and Andy Hunthausen said in the letter.

The association recently dropped out of the Development Standards Working Group, a committee working on proposed zoning regulations that could supplant the county's controversial interim zoning rules, which commissioners approved in May.

The working group also includes building industry representatives, county officials and smart-growth advocates.

Last year, group members asked commissioners to give them more time to agree on zoning regulations. The commission granted a delay over last summer before moving forward with the zoning regulations.

"That (request) was 18 months ago and we're still waiting," the commissioners wrote.

The Realtors said they could not continue working with county officials because of the commissioners' stance on off-site road improvements for new subdivisions and a recent change -- implemented with the interim zoning regulations -- requiring all existing lots smaller than five acres without a septic permit to install a Level II individual wastewater treatment system.

In a letter, the Realtors noted the definition of insanity is repeating an action while expecting a different outcome.

"The county's recent disingenuous and egregious actions have finally convinced us that we cannot continue to participate, negotiate, or lend credibility to a process that is fundamentally flawed by those who cannot keep their word or work for the best interests of all involved," the association said.

Commissioners have maintained a water-quality emergency exists in the Helena Valley, and the Level II treatment requirement is a response to the issue. Level II systems remove at least 60 percent of nitrogen from wastewater, along with some viruses and organic material.

Acknowledging the Realtors statement, commissioners said it's insane to think the status quo will result in better water quality.

"Approving standard systems at the projected build-out densities and expecting different effects on our aquifer would be considered insanity, as well as a violation of our duty and responsibility for the health, safety, (and) welfare ... on behalf of the citizens of Lewis and Clark County," the commissioners wrote.

The commissioners noted opponents of the zoning regulations had repeatedly asked what officials would do about existing problems -- a reason county officials said they implemented the Level II treatment requirement.

They also noted the new zoning regulations were available to residents for review and the subject of a public hearing.

Online forum

Read more and comment about this issue on the InKlined blog at www.helenair.com/blog/inklined.

Contact Larry Kline at 447-4075 or larry.kline@helenair.com.