A proposed change to Flathead County zoning regulations that will allow political signs to be posted on private property for any length of time before and after an election is drawing public criticism.

It’s one of 10 text amendments the county commissioners will consider during a public hearing at 10:30 a.m. Monday in their chambers on the third floor of the courthouse.

Current zoning regulations allow political signs of up to 32 square feet to be erected 30 days prior to an election. Signs must be removed not more than one week after the election or event to which a sign pertains.

Two precedent-setting court cases are at the heart of the proposed change. The Ohio Supreme Court declared a city ordinance that limited the time period for political signs as unconstitutional. The second case involved a candidate for Congress who battled with the city of Tacoma, Wash., over the same issue. In that case the Washington Supreme Court also ruled the ordinance limiting the time for political signs was unconstitutional.

“With signage you can regulate size, but you can’t limit the duration because of free speech,” Flathead County planner Erik Mack said. “It’s unconstitutional to limit the duration.”

Montana law also has a 30-day limit for political signs.

Mack said the Planning Office has received several emails about the proposed zoning text amendment for political signs. Most of the comments have opposed to the change.

The Flathead Democratic Party has urged people to email the commissioners and show up at Monday’s public hearing to voice their concerns.

“There must be a huge public outcry, as the proliferation of signs in our valley year-round is ludicrous,” the Democrats’ media alert states. “Do you want Montana and the gateway to Glacier National Park to be littered with campaign signs year-round?”

According to a planning staff report on the proposed zoning text amendments, the Flathead County Attorney’s Office was asked to comment on the Ohio and Washington court cases.

“As far as I can tell, these cases are still ‘good law’ and I think the proposed amendments would bring the [zoning regulations] into compliance with the law regarding duration of political signs,” the County Attorney’s Office stated in response.

Mack said if the regulation regarding the length of time for political signs isn’t changed, the county “could potentially lose a court case” because of the constitutionality issue.

All of the proposed zoning text amendments are aimed at improving the practicality of administration and enforcement of the regulations.

One of the proposed changes would add cellular tower to the list of conditional uses as an administrative conditional use in the North Fork Zoning District. Another change would clarify the use of livestock in agricultural and suburban agricultural zoning districts and add livestock to the list of permitted uses agricultural and suburban agricultural zones.

A full list of the proposed text amendments, plus a staff report for each change, can be found online at the county’s website, http://flathead.mt.gov. Go to the Planning and Zoning Department and click on Meeting Information.

Features editor Lynnette Hintze may be reached at 758-4421 or by email at [email protected].