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Future of the Helena Valley requires action now

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We choose to live in Lewis and Clark County because our quality of life is second-to-none.

We have access to roaring streams, pristine lakes and open lands; we have a great arts community; our neighbors are our friends; we have clean water and air. These and other amenities truly make this the last best place to live, work and raise a family. Adding to our quality of life is a state constitution that guarantees us a healthful environment.

Unfortunately, our quality of life is threatened. The Helena Valley has been growing in a way that pits neighbor against neighbor, farmer against developer, resident against industry. This conflict is occurring, in part, because there are no clear and understandable rules for development.

The Helena Valley is reaching a breaking point because of unpredictable growth. We know from experience that unpredictable growth is not paying its fair share for the services it requires. We know from experience that we are unable to mitigate the adverse impact unpredictable growth has on neighbors, roads, property values and other qualities of life. We know that unpredictable and chaotic subdivision-by-subdivision growth threatens our drinking water and the health of our citizens. We need predictability. Predictability is an essential tool for developers, new and existing homeowners, landowners, the agricultural community and government to protect private property, keep taxes low and provide a healthful environment.

The commission has heard from people from all walks of life and from all corners of the county who say we need a better and more predictable way to grow. We have heard from many of you that you want zoning in the Helena Valley to provide that predictability. We have heard from all of you that you want the county government to do it right.

As a result, the commission has taken the first step toward predictability. County staff has been working with a unique and diverse group of citizens called the Development Standards Working Group (DSWG). The DSWG, which includes representatives from the building industry, Plan Helena, city and county residents, and experts in planning, engineering, land use, public health and water, has developed and agreed on a plan and standards for growth in the Helena Valley. The plan and standards are based on science and common sense.

After public review and input, the Commission plans to take the second step towards predictability by adopting some or all of the development standards proposed by the DSWG. Because there is some urgency, these development standards will not include any density standards. Development of specific densities appropriate for different parts of the Helena Valley will take additional time and compromise. We plan to engage the public in every way possible as we develop density standards. The county is committed to doing it right. This commission is asking you to participate.

The proposed development standards provide important protection for water quality and private property rights and property values by prohibiting encroachment of septic mixing zones and water well isolation zones onto neighboring properties. The actual adoption of the development standards will implement real solutions to the problems associated with septic wastewater and water wells. The following is from the State of Montana Growth Policy Handbook:

"One basic objective of zoning is to separate incompatible uses [and thereby] prevent the adverse or undesirable effects [those uses] have on one another. Another objective of zoning is to achieve a quality and character of development that ensures attractive, safe and healthy communities. [T]he issues of density and [of] intrusion of incompatible uses into residential areas are what zoning is designed to address. Separating incompatible uses through zoning often may be the most direct and least costly means of protecting property values, maintaining a viable business district, [maintaining] a pleasant and safe residential neighborhood, or assuring functional and safe industrial and commercial areas. Thus, zoning can provide very real benefits to citizens and communities."

It would be foolish to assume that development standards will solve all water quality and property rights issues. Recognizing that, the commission intends to attack the clean water crisis in the Helena Valley through the creation of a Septic Maintenance District. The purpose of the district is to address failed septic systems. An advisory group has been formed that includes landowners, county staff, realtors, DEQ staff, City of Helena staff and representatives from the septic tank pumping community. They will develop and propose the boundaries of the district and the necessary regulations.

When the commission adopted the Interim Zoning Regulations in an attempt to begin protecting the groundwater in the Helena Valley, we promised that we would continue to gather and evaluate data to upgrade or otherwise amend those regulations. The commission is presently conducting an "aquifer vulnerability" assessment. The assessment's purpose is to identify areas of the valley aquifer that are highly susceptible to increased contamination. The results of this assessment will provide guidance to the commission as we differentiate between areas where more protective methods of treatment are needed and areas where standard methods of treatment are sufficient. This assessment includes public input and comment.

The results of decades of haphazard divisions of land are readily apparent. The groundwater in the Helena Valley is being contaminated exponentially. The valley cannot sustain further growth without significant changes in the way we do business. We need as many tools as are available to guide how this county will look tomorrow. The quality of our children and grandchildren's lives depends entirely on what we do today. We may have a constitutional right to a healthful environment, but we also have the responsibility for it.

The future requires action.

Chairman Ed Tinsley, Andy Hunthausen and Mike Murray are Lewis and Clark County commissioners.

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