Lincoln County Commissioners Claim Right To Final Decision On Developments

The Lincoln County commissioners normally review all types of zoning permits, with one major exception, until now. On Monday, the commissioners revoked the county planning commission’s authority to approve a type of permits that hasn’t required the commissioners’ approval — conditional use permits according to the North Platte Bulletin. The commissioners’ chairman Chris Bruns brought the matter before the full board after watching a permit process for a planned golf course in the hills 11 miles north of Maxwell. When a permit was reviewed for the course, Bruns became aware that the commissioners would not have a chance to approve the project or not, since the company only requested a conditional use permit.

The land in that area is zoned for agriculture use, as is most of the county. Golf courses are generally considered to be a compatible use that would not interfere with agriculture. Therefore the developer’s request only needed to be reviewed by the planning commission, which could put conditions on the operation if needed. The planning commission did attach one condition to the course – that the owners work with county officials to pave about a quarter-mile of the N. Maxwell Road that is currently gravel. The county commissioners later approved the paving plan, but only that. They had no say in the overall development Zoning Administrator Judy Clark said she is neutral on the issue, noting that commissioners in some counties and councilmembers in cities also reserve the right to make the final decisions, so Lincoln County would not be breaking new ground if they do too.

Clark cautioned that the commissioner would be required to conduct a public hearing, which sometimes can be long and heated. She said such conditional uses as confined livestock feeding operations, wind generators and sand and gravel operations can be controversial, although they are generally compatible with agriculture.   On the other hand, allowing a second dwelling on a lot is another example of a conditional use and is usually less controversial. In reply, Commissioner Kent Weems said elected officials should make the final decision because they are answerable to voters, whereas planning commission members are appointed. “If we have to go through some of those, we do,” Weems said.

Weems referred to health decisions that were made during the pandemic, when no directly-elected group made those decisions. He wasn’t arguing the merits of decisions that were made but said an elected body “should be at the end of the process for accountability.” Commissioner Joe Hewgley wholeheartedly agreed. “We’re elected. We are put in that position,” he said. The board agreed unanimously to revoke the planning commission’s authorization. Deputy County Attorney Tyler Volmer said he will have a draft of the revised language at next week’s meeting. According to our colleagues at the North Platte Bulletin, find the full story with the link provided below: