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Commissioners OK sign-limit change

LYNNETTE HINTZE | Hagadone News Network | UPDATED 10 years, 6 months AGO
by LYNNETTE HINTZE
Daily Inter Lake | May 2, 2014 11:44 AM

Flathead County is one step closer to eliminating time-limit rules for political signs.

The county commissioners on Friday passed a resolution of intent to adopt a zoning text amendment that will allow political signs on private property for any length of time. The change would affect only zoned property within the county.

Commissioners Gary Krueger and Pam Holmquist voted in favor of the change; Cal Scott abstained because he is running for re-election and has political signs posted in the county.

Once the resolution of intent is published on May 7, a 30-day comment period begins, after which the commissioners will make a final decision on the change.

The relaxation of county zoning regulations to allow political signs was prompted by court cases in other states that have determined that limiting the time period for political signs is unconstitutional because it doesn’t allow free speech.

The commissioners have received comments from people both for and against allowing political signs with no time limits. 

Those in favor support the contention it’s unconstitutional to limit a sign’s duration. Those opposed believe having signs up for unlimited amounts of time would affect the visual appeal of the Flathead Valley, turning signs into an eyesore.

“None of us wants to see political signs, but it’s a matter of following the Constitution and we’re put in this office to do this,” Holmquist commented.

She pointed out that enforcement of the current regulations is difficult, because by the time the county sends out a letter to a violator, the sign owner has 30 days to comply and generally comes into compliance.

Holmquist said she would like political candidates to follow general guidelines of not posting signs more than 30 days before an election and then removing them as soon as possible after the election.

“I would hope they would police themselves,” she said.

Krueger said he believes the limits on the duration of political signs must be removed from zoning regulations, based on advice from the County Attorney’s Office.

“It appears we have plenty of testimony from people that our current regulations probably could not be [legally] defended,” Krueger said. “If we can’t defend it, we probably wouldn’t enforce it.”

Picking and choosing which zoning regulations to enforce “runs afoul of what I believe,” he added.

Though Scott excused himself from voting because of a conflict of interest, he said he’s “highly in favor of constitutional rights” and not in favor of more regulation. He said he wants to encourage self-policing of political signs.

Planning Director BJ Grieve said there is a maintenance provision for signs in county regulations that enables the county to contact a sign owner if a sign is unmaintained or left to deteriorate over time.

The state of Montana also has loosened its regulations for political signs. In 2012 the Montana Department of Transportation, which oversees sign enforcement along Interstate and primary highways, changed state administrative rules to eliminate the 90-day time limit for erecting signs prior to an election and shorten the removal deadline from 30 to 14 days.

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

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