County looks at rules for public facilities

Change might be just around the corner for San Juan County’s hotly debated rules governing essential public facilities.

Change might be just around the corner for San Juan County’s hotly debated rules governing essential public facilities.

The County Council last week agreed to consider regulatory changes which would allow so-called essential public facilities, such as schools, airports and barge landings, to qualify for a permit through an exclusive “conditional use” process.

If approved, such a process would allow a project, whether public or private, to be permitted by the council should it meet the definition of “essential public facility” but fall short of the zoning requirements of the area on which the project is proposed.

The council, in a 5-0-1 decision, voted to consider that amendment, along with several other EPF modifications, at a Nov. 18 public hearing.

If approved, the newly-proposed “conditional use” avenue would offer an alternative to the standard permit process which EPFs projects, much like any other development proposal, are subject to.

Under state law, local jurisdictions, meaning cites, towns and counties, are restricted from prohibiting the siting or expansion of essential public facilities.

However, Senior Planner Shireene Hale said local land-use rules act as a de facto prohibition in large part because they are weighted heavily toward residential, agricultural and shoreline development.

The potential of harm to the environment or adverse impacts, such as increased traffic, associated with most EPFs effectively exclude such projects from qualifying for a permit under the current system, she said.