LUSK - The Niobrara county Planning and Zoning commission met on Monday October 21. The meeting was a special meeting called to continue revision work on the Land Use Plan. Following a revision meeting earlier in October, the commission met to complete the first round of extensive revisions.

Last revised in 1996, the Land Use Plan needs to be updated to meet statutory requirements and to include new and emerging industries and technologies. As the five-member commission worked their way through the draft plan discussion largely centered around the protection of private property rights, the stance of “the county” on eminent domain, water usage and protection and what the larger purpose of the plan should be.

Some updates were required based on changing state statutes. The county also used this revision as the opportunity to document the areas which the county does not have any power to regular, such as water, but rather they still have a common goal and vision to ensure that the water usage in Niobrara county is done in a responsible way to ensure that the resources will be available for generations to come.

An area of major discussion included that of how to protect the rights of private property owners while also acknowledging the impact landowners’ decisions can have on their neighbors. Where does one person’s rights end and another’s begin? This question has created tension during both the public hearing and during public meetings and private conversations as Niobrara county looks to the future of energy development. Climate and culture is an oft-repeated phrase in the plan, as is the opinion that while growth is important, Niobrara county would like to avoid the cultural changes that come with a “boom and bust” economic situation.

This revision comes on the heels of an almost month-long public comment period and a public hearing during which members of the community were encouraged to voice their opinions and perspective on the draft Land Use Plan. Written comments were submitted to the commission via email and hard copy letters. These comments were then taken into consideration during the page-by-page review that was undertaken on the 21.

Along with revisions that address emerging energy technologies like wind and solar projects, the commission discussed where and how to address carbon capture technology, road maintenance and improvements, solid waste disposal, support for special districts, natural resource protection and access, agricultural resource protection, and additional development projects. The Land Use Plan will set the framework for the revised Planning and Zoning document that the commission hopes to address in 2025. If an item is not mentioned in the Land Use Plan it makes it difficult for P&Z to regulate or address it in their governing document.

After a combined 5 hours of word-smithing and discussion the commission agreed that, at least for the time being, the next draft was completed and should be submitted to the law firm being utilized as a consulting attorney,

The time for the next few steps is murky at best. Should the attorney come back with the recommendation for an additional public hearing then the Planning and Zoning commission will advertise for another public comment period and public hearing. Following that hearing P&Z will have another public meeting to finalize any changes and make a recommendation for the county commissioners. The commissioners will then hold their own public comment period and public hearing before adopting a finalized Land Use Plan.