COUNTY TO HAVE MORATORIUM ON MARIJUANA

Some Morgan County residents use marijuana medicinally and some people
have asked about the process of getting a permit to grow marijuana in the
unincorporated part of the county.

A couple of parties have expressed interest in growing marijuana for use
in medical marijuana dispensaries, said Morgan County Planning
Administrator Barbara Gorrell.

One of them has land in the county, but she is not sure about the other
person, she said.

The subject came up during a joint work session of the Morgan County
Planning Commission and the Board of Morgan County Commissioners on Monday
night.

Morgan County's planning commission has not had to meet during four months
this year, because no one was asking for any land use changes, Gorrell
said.

That is unusual, because there were perhaps only two months in which that
happened in the previous 13 years, she said.

However, the commission and the board met this week to discuss a few
topics, and that is something that may happen a couple of times a year in
the future, Gorrell said Tuesday morning.

County commissioners will probably adopt proposed medical marijuana
regulations which will tie the growing and dispensing of marijuana to the
state statute, they said.

Such sites will have to be with use by special review in all land use
zoning areas, said Morgan County Attorney George Monsson.

After the basic regulations are passed, the board will likely put a
six-month moratorium on dispensing or growing marijuana while the county
sees what the state legislature does on the issue in the coming session,
he said.

The county does not want to adopt any elaborate regulations which might be
in opposition to the state, Monsson said.

"We just need more time and more information," he said.

It is important to make sure regulation of medical marijuana is done in a
way that keeps county residents safe and gives the Morgan County Sheriff's
Department a clear message on what is legal and what is not, Teague said.

Having a dispensary or a field of marijuana may also be incompatible with
other nearby uses, Monsson said - which means such uses could be kept away
from residential areas.

Building code

The commissioners will also probably have to eventually adopt the 2009
International Building Code, but will probably eliminate a section that
requires fire suppression sprinkler systems for homes and duplexes,
Gorrell said.

A county can adopt any portions of any code it wants and eliminate any
sections it wants, Monsson said.

"It's just a model," he said.

Morgan County probably does not want the sprinkler requirements because
they would add $10 per square foot to the cost of a home, not including
having to add a water-storage tank and put in valves, McCracken said.

Also, county water supplies were not designed for such use, Teague said.
It would put a strain on water systems like that of the Morgan County
Quality Water District.

This requirement is more for urban water systems, Monsson said.

Also in regard to water, the county will probably adopt a resolution to
recognize MCQWD and Brush Source Water Protection Areas and notify them
about plans for development in those areas, Gorrell said.

For instance, if a feedlot is asking to move into such an area the county
would alert MCQWD and Brush, McCracken said.

Even in the past that happened, but this will expand notification, Monsson
said.

Development

County planners are also looking at how to regulate major subdivisions and
planned developments, Gorrell said.

In the current county code, a minor subdivision is up to four lots, and
everything else is a planned development, she said. Part of the code says
that any large development becomes a planned development and loses its
prior zoning.

However, the county and developers might want to retain the previous
zoning to show that an area is for industrial or commercial use, Gorrell
said.

It could be difficult to market an industrial property if it is zoned as a
planned development, Teague said.

In addition, the county could probably use some mid-level development
status for areas that would be developing 8 to 12 lots, and perhaps make
the rules different for residential and other zones.

The county is doing some research on how other counties do this, Gorrell
said.

Coordination

Property rights activist Chuck Miller came to the joint meeting to express
interest in having the commissioners approve a resolution that would
create what is called a coordination plan.

A coordination plan allows local governments the opportunity to work with
government agencies such as the Bureau of Land Management and the U.S.
Forest Service when agencies are making various plans, Monsson said.

This allows local officials to have a say in how federal plans are
completed, with a chance to avoid aspects of plans which might affect the
local area.

McCracken said the board has a draft of a resolution ready, but is going
through it carefully and researching how some other counties have adopted
coordination plans.

Teague wondered why every county has not adopted such plans if they are
the magic bullets some claim they are. After all, the county already has
the right under federal statute to coordinate with federal agencies.

A coordination plan probably would not change much for Morgan County one
way or another, because the area does not have much BLM or forest service
land, Monsson said. However, it might be different for other areas.

One difference between simply relying on the statute and having a
coordination plan is that in one case it relies on the feds to coordinate
and the other is proactive, he said.

County Commissioner Tony Carlson said there is no downside to having a
coordination plan. If it helps in negotiations with federal agencies it
could be a benefit, and if not at least the county tried. It is all about
retaining some local control.

Teague said she worries about aligning the county with the special
interest group which is promoting these kinds of plans.

Carlson said the group is no more a special interest group than the
Cattlemen's Association or other groups.

Monsson warned that a coordination plan has its limits. It would not
affect things like the cap and trade system on greenhouse gases, because
that is legislative. A plan has more to do with implementation of federal
initiatives, rule making and working with local areas, particularly in
respect to land use.

It is less clear what a plan would do with other issues, he said.

McCracken said one benefit of a coordination plan is requiring federal
agencies to come to Morgan County if a project or rule is under
consideration. Federal agencies might not do that on their own.

Teague said the commissioners can already testify at agency planning
sessions, and it is the county's responsibility to stay aware of what is
happening in any case.