The City-County Planning Board recommended a two-month delay in proposed zoning regulations Tuesday night.

After nearly four hours of discussion, board members decided more time is needed and questions need to be answered. They handed a task force of land-use stakeholders the challenge of doing so, although county commissioners could still consider the rules May 16.

"I've been keeping an open mind all along," said board member Steve Mandeville. "I think the move is right at this time."

Past county land-use policy changes have not been timely. A rewrite of the county Growth Policy took six years. It took at least another year to rewrite Subdivision Regulations. Lewis and Clark County's latest "zoning war" began with verbal jousts Tuesday night.

An overflow audience heard and spoke about the six-page proposal, applauding speakers who opposed the measure and signing a petition against the rules.

The rules would limit development to five-acre lots, unless a community wastewater treatment system is installed. Existing homes would be exempted, but those with failing septic systems would be required to find a community system or city services to hook into. Variances would be possible through a commission-appointed Board of Adjustments.

The rules are meant to protect groundwater and ease impacts to government services, according to county staff.

But critics said Tuesday the rules would restrict property rights, create red tape and drive up costs of homeowners and new home seekers.

Builder Mike Hughes said limiting a piece of property to one development right is too subjective. For example, a gravel pit might not be able to construct a weigh scale, an office and a security officer's house, because that would be three different development rights.

"'What you can and can't do with your property' is a fox let loose in the henhouse," he said. "There just aren't enough answers to the what-ifs."

Landowner frustration was evident Tuesday.

"My land really isn't my land," said Shane Moderie, who said that he worried he wouldn't be able build his wife a hairdressing salon at his property off Bartmess Drive. "That's my land. Why can't I do what I want to do?"

Water quality is only one reason for the rules, said County Administrator Ron Alles. The cost of government services -- road maintenance, police protection and school bussing -- could be lessened with development closer to services.

Alles also answered points made in full-page ads that ran in the IR.

He said new garden sheds would be OK, new garages could be constructed within new setback requirements, and additional living quarters -- "mother-in-law" apartments -- could be added with appropriate health department approvals. And those owning 2,000 existing lots can go ahead and build regardless of the lot size, unless they are close to a community wastewater system.

"We need to bring the growth back to the infrastructure, where it belongs," Alles said. "I think what we have here is a good start to public policy and we need to push this thing through."

Supporters, though fewer in Commission Chambers Tuesday, said zoning regulations are a good concept and the county can't afford to wait.

"I think property rights and property values are in danger without zoning," said Dave Cole, a former Planning Board member.

And Ken Wallace said property rights include the right to a good well.

"I think there is another private property right that hasn't been discussed tonight and that is the right to clean water," he said.

It's uncertain how an urban development task force would function. The group, which represents developers and planned growth advocates, said they're close in many respects.

Micheal Kakuk, an attorney representing the Helena Association of Realtors and the Helena Building Industry Association, said he's been accused of starting a "zoning war." The real story is that builders and real estate agents supported zoning, he said. He recommended the board hold off on a recommendation or decision.

But Dick Thweatt, president of the planned growth group Plan Helena, said his organization supported the zoning regulations "somewhat holding our nose."

"If we let everyone do what they want with their lots, that will degrade the value of everybody's land," he said.

Reporter Jason Mohr can be reached at 447-4075 or jason.mohr@helenair.com.