A bill before a House committee may change the state law Lewis and Clark County officials used to implement the new controversial interim zoning regulations -- and it's a change County Administrator Ron Alles doesn't support.

County officials also oppose a bill sponsored by Sen. Dave Lewis, R-Helena, which stems from a recent citizens' protest of zoning regulations in the Canyon Creek area.

Alles was happy with the initial bill sponsored by Rep. Mike Jopek, D-Whitefish, which -- aside from making some changes in terminology -- would specify counties aren't required to allow citizens to protest interim regulations.

But Jopek, after hearing testimony opposing his bill, said he would amend the legislation to insert a protest period into the process. Alles, who along with other county officials didn't attend Tuesday's hearing, said he opposes the addition.

The House Local Government Committee delayed action on the bill until Thursday.

State law requires a 30-day protest period before regular zoning rules go into effect, but no such requirement exists for the interim "emergency" zoning regulations -- at least, that's the county's interpretation of current state statutes.

Two developers are suing the county over its interim zoning rules, and they assert the laws governing regular zoning and interim zoning are one and the same, meaning the county must allow protests and follow other procedures.

"Our read on the statute now is that you don't need a protest period," Alles said. "Certainly ... (developers and Realtors) are telling us you do. We're going to have a judge (decide)."

He said it doesn't make sense to have regular and interim zoning processes that are the same.

Jopek told committee members he sponsored the bill upon request from Flathead county commissioners, who want another tool to protect longtime residents' quality of life from potential problems incurred when out-of-state and even international interests begin developing land.

"I think our county commissioners can manage growth appropriately, if we give them the tools," Jopek said. "There are six, eight counties that are just getting hammered over and over and over and over (with development)."

The Montana Association of Counties and the Montana Association of Planners supported the original bill. Lobbyists representing Realtors, builders, contractors, stockgrowers and others opposed it.

Alles on Tuesday also took issue with a bill before the Senate Local Government Committee on Thursday. Under current law, counties can't bring forward a zoning proposal for one year in an area that has successfully protested zoning regulations.

A bill sponsored by Lewis would extend the cooling-off period to five years. Lewis on Tuesday said the bill was prompted by folks in the Canyon Creek-Marysville Planning Area, who successfully protested county zoning regulations last fall.

"I just think (counties) ought to have to wait a few years and come up with something that works for everybody," Lewis said, noting the rule doesn't prevent citizens from proposing zoning rules.

Alles called the bill a "bad-faith effort" to stall growth planning.

"This is just one other attempt to inhibit the county from providing for good growth, which includes good growth policies, good zoning and good subdivision regulations," he said.

Jopek's bill is HB 582. Lewis' bill is SB 325.

Larry Kline can be reached at 447-4075 or larry.kline@helenair.com.