Building permit regulations eased

SANDPOINT — Bonner County commissioners voted Tuesday to relax building location permit requirements and expand permit exemptions.

“It’s less rules, less regulations, less fees, less money,” Commission Chairman Cary Kelly said, summing up the ordinance amendment.

The commission approved adding shop buildings and decks to the list of structures exempt from building location permit requirements and increased the square footage for structures that qualify for the permit exemption.

The board expanded the exemption for shop buildings and other detached structures devoid of septic service from 400 feet to 1,000 feet. The exemption for decks was increased from 400 feet to 600 feet.

The commission also dimmed out a regulation that prevented utility companies and co-ops from delivering power to a site prior to the issuance of a building location permit.

The code change would result in a $27,000 loss in revenue to the county, according to Clare Marley, a senior land use planner at the Planning Department. However, that prospect was greeted warmly by Kelly and Clerk Michael Rosedale.

“I think this is great,” said Rosedale.

Kelly said fees are wearying to landowners and the county’s loss is the landowners’ gain.

“That’s very positive because this is money the citizens aren’t going to have to pay, that they don’t like to pay,” said Kelly.

But the Panhandle Health District and the Bonner Soil & Water Conservation District told commissioners the code changes could have some troublesome consequences.

John Dowling, an environmental health program manager for Panhandle, said waterfront lots in Bonner County tend to be smaller and landowners have a tendency to maximize use of their land by installing driveways and accessory structures.

As a result, landowners could inadvertently build an exempted structure over a septic drainfield or a drainfield replacement area because there would be no Panhandle Health District review of a permit.

“We’re mostly concerned that homeowners could potentially impact the environment and/or their property,” said Dowling.

Molly McCahon of the conservation district’s Lake Assist program said such scenarios are not hypothetical. She said it’s common for landowners to build over a drainfield or replacement area and the consequences can be costly.

“When that drainfield fails, they do have to take the shop down because they have no alternative for their septic system,” McCahon said. "It would cost them far more than a fee would - thousands and thousands of dollars.”

However, Commissioner Glen Bailey said it’s the landowner’s fault if they improperly site shops and outbuildings.

“They didn’t pay attention. They didn’t research and do what they needed to do,” said Bailey, who suggested that the Planning Department counsel exemption applicants to have their plans reviewed by Panhandle Health.

Dowling also urged the commission to retain electrical utility clause.

“We see that as a useful tool. It alerts the agencies that a property owner is building something,” said Dowling.

Commissioner Todd Sudick said the county can notify Panhandle Health when a building location permit exemption has been issued. Moreover, Sudick said the county has essentially been curtailing landowners’ liberties under the premise that it’s for their own good.

“There’s some point at which the county becomes overly paternalistic,” he said. "The county has grown overly paternalistic.”

The motion to amend the ordinance passed on a 2-1 vote with Bailey dissenting because he wanted to see language added that advised exemption applicants to consult with Panhandle Health.