article published May 22, 2007

Cascade County rescinds zone change for coal plant

By KARL PUCKETT

Tribune Staff Writer

Construction of a coal-fired power plant is no longer allowed on land east of Great Falls — at least for a few more months.

Cascade County Commissioners voted this morning voted 3-0 to rescind a November 2006 decision to rezone the land to heavy industrial.

As a result of the vote, the land has been returned to its previous agricultural designation, a zone that doesn’t allowed coal-fired plants.

Commissioners rescinded the heavy industrial zone change in response to a lawsuit questioning the rezoning. Procedural defects in the process were found, including public notice requirements, according the county’s civil attorney, Theresa Diekhans.

Rather than fight the challenge in court, Diekhans said the county has decided to acknowledge the errors and go to work to fixing its rezoning regulations. The Urquharts, who own the land, plan to reapply for the heavy industrial rezoning once the county cleans up its regulations, Diekhans said.

Rezoning the land will have to be repeated, a process that would require public hearings and time periods for the public to comment, just like the first time around. The first time commissioners voted 2-1 to rezone the land but Commission Chairman Lance Olson said the second vote will be en entirely new ballgame.

“I couldn’t predict at all,” Olson said.