The Flathead County commissioners on Monday heard testimony both for and against a county-driven proposal to allow political signs on private property for any length of time, but won’t make a decision on the zoning text amendment until Friday.

At issue is a relaxation of county zoning regulations to allow political signs as a matter of free speech. Court cases in other states have determined that limiting the time period for political signs is unconstitutional.

Current county 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.

The proposed amendment will keep the size limit but do away with all time elements. It affects only those areas of the county that are zoned, Planning Director BJ Grieve noted.

State administrative rules prior to 2012 stipulated that political signs could be erected 90 days prior to the election and must be removed within 30 days of the applicable election. Those rules were questioned following the 2012 election, and the Montana Department of Transportation, which has responsibility for controlling signs statewide, removed the 90-day stipulation for erecting signs and changed the removal deadline from 30 to 14 days.

Commissioner Gary Krueger asked if there has been confusion over what’s allowed in zoned areas of the county versus unzoned property.

Grieve said there has been “substantial confusion.”

The Flathead County Planning Board put the political sign regulation on its to-do list following a flurry of local calls to the Planning Office during the 2012 election regarding when and how political signs could be posted.

Most of the complaints have stemmed from opposing political parties and not because of aesthetic issues, Grieve said.

“We were told we can’t regulate free speech,” he said, explaining how the Planning Office then began researching the issue and found multiple court cases dealing with the issue. “We perceived this [change] as the handwriting on the wall ... We decided to get out ahead of the issue.”

Richard Hoffmaster of Somers called the proposal “a bastardization of free speech.” He said he has been involved in politics for many years, but doesn’t believe it should dominate the landscape 365 days a year.

“Aesthetics is one of Montana’s greatest resources,” he said. “This is commercialization of politics ... It’s opening the door to big money.”

Mayre Flowers, representing Citizens for a Better Flathead, also brought up the issue of aesthetics as she suggested several tweaks to how the county’s rules on political signs could be worded.

“Given the importance of the scenic values of the Flathead to the Flathead economy, the tourist industry and local residents, we would suggest that Flathead County retain and affirm its right and ability to regulate political signs in ways that reasonably and fairly encourage free speech protection, in keeping with these court rulings.” Flowers told the commissioners.

She said the county could request a Montana Attorney General ruling on the county’s ability to limit or put conditions on political signs. After the public hearing, Flowers further noted the county has the option of creating an overlay zone to address the duration of political signs so blight doesn’t become an issue.

James Conner of Kalispell said he supports the changes “to bring the ordinance into constitutional compliance.

“The issue is not scenery or beautification, it’s free speech,” he said. “It’s unconscionable to keep on the books a law you know is unconstitutional.”

Addressing the sign duration issue, Connor said political signs have their greatest impact a week before voting begins. If they’re put up too early, signs become “old” and a part of the landscape, he said, adding that there’s also “no incentive to leave signs up.”

State Rep. Jerry O’Neil, R-Columbia Falls, said he’s in favor of leaving signs up from the primary election through the general election.

Each city in Flathead County has its own regulations for political signs.

Kalispell requires political signs to be removed within 14 days after the election. In 2005 Kalispell changed its rules to allow political signs to be posted at any time prior to an election.

Whitefish limits political signs to 90 days prior to an election and not more than seven days after the election.

Columbia Falls allows signs 30 days prior to the election and requires removal within a week.

The proposed county change for political signs is one of 10 zoning text amendments being considered to help the county better administer and enforce its regulations. The commissioners have not yet scheduled a time for Friday’s meeting to vote on the amendments.

Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.