The Fillmore County Planning Commission held its first meeting of 2024 on January 18.
Land use director Blake Lea called the meeting to order and asked for nominations for a chairman. Trinity Johnson was elected chair and Steve Duxbury was elected vice chair for 2024. Meetings will continue to be held on the third Thursday of the month at 7 p.m.
A public hearing was held on a proposed amendment to the county’s ordinance under 610.04 Requirements for all Floodplain Districts.
Lea said the actual wording to be added was recommended by the DNR; “New dwellings are not allowed in the Ag District within any portion of the 100-year floodplain, whether elevated above the 100-year floodplain or not.”
This will restore similar language that was in the county’s ordinance prior to the adoption of new FEMA maps in 2019.
Aaron Bishop asked for clarification regarding the basis for the maps. Lea assured him that the revised maps have very accurate elevation data. The maps were created using “lidar” (laser, imaging, detection and ranging) which creates high-resolution models of elevation, very good vertical accuracy.
Vance Haugen, Canton Township, said he supported the proposed amendment; “to error on the side of caution is a good thing.”
There were no other comments from the public. The planning commission voted to send the proposed amendment to the county commissioners for their consideration.
Zoning Permits/Application Procedure
A discussion was held on the need to have good coordination between the county and townships regarding the application for zoning permits. Cristal Adkins said the county notifies townships electronically as soon as any permit is issued. Haugen thanked the county for this courtesy; it is much appreciated.
The discussion was directed mostly to those townships that have more restrictive zoning ordinances than the county’s. Townships with more restrictive ordinances include Chatfield, Forestville, Jordan, Spring Valley and Sumner.
On December 21, the planning commission called for a public hearing regarding amended language to Section 404.01 Zoning Permits/Application Procedure.
Lea said he has met with County Attorney Brett Corson, and they hope to have language finalized for the March meeting. Duane Bakke maintained something needs to be put into place to work with the townships.
Lea noted a 60-day period starts when the county receives a completed permit application. Applicants are forewarned if they are applying for a permit in a township with a more restrictive ordinance.
Bakke made it clear townships have a right to more restrictive zoning; he added an application isn’t really complete until there is township approval or disapproval. Townships could have a zoning administrator to make it a more efficient process.
A motion was approved to send the issue back to the zoning department to make revisions that can be brought back to the planning commission at a later date.
Corson said the permitting process needs to be looked at and brought back to the commission with a couple of alternatives for them to consider.
Jordan Township officer Scott Hanson asked if an applicant should be asked to go to the township first. Lea replied that, legally, “we have to accept a completed application. We can tell them it won’t be valid under the township ordinance, but the 60-day clock is still started.”
Jordan Township officer Josh Eisenman said Jordan Township requires township permits for all structures including dwellings, sheds/additions. If landowners come to get a building permit from the county, they need to come to get one from us.
Corson suggested they take the position if the township has not considered the application, it is not complete, so the 60-day clock does not start running.
Jerry Finn, Sumner Township, said he appreciated the county trying to figure this out. He suggested there needs to be a way to put more “teeth” into enforcement. Now, there could be a $3,000 fine for falsifying an application. Corson said they could pursue infractions criminally as fraud on an official document, but it is easier to get an injunction, a cease-and-desist order.
Corson concluded, “We need cooperation; we need to work together.”
The planning commission is not scheduled to have a February meeting. The next meeting is planned for March 21.
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