Commissioners uphold planning director, deny $13.15 refund after wetland finding

Bonner County commissioners voted to uphold the Planning Director’s decision and deny a refund request for a building location permit after the county completed review and agency coordination on the application.

Planning staff said the application (BLP‑2020‑41097) was deemed complete Oct. 22, 2024, and that a GIS map indicated the proposed structure fell within a mapped wetland. The applicant provided a wetland delineation by consultant Tom Dubendorfer that suggested the wetlands were not jurisdictional, but the U.S. Army Corps of Engineers ultimately denied the applicant’s jurisdictional determination request, prompting the applicant to withdraw and seek a refund.

Alex Vann, planning staff, told the board the county nevertheless performed review, agency coordination and administrative processing before the applicant withdrew. Director Grubell denied the refund request; the applicant appealed under BCRC 11‑116 (administrative appeals and undue hardship provisions).

A commissioner noted the applicant had the option to relocate the structure, and that the county’s planning function is fee‑supported; refunding fees would require the rest of the taxpayers to bear those review costs. Planning staff also noted the applicant had invested approximately $12,000 in the project and that the shed was placed prior to permit issuance, creating a possible after‑the‑fact status.

The board moved to uphold the director’s denial; the motion passed by roll call. Commissioners and staff also clarified that a $700 Northside Fire impact fee included in the permit fee would need to be addressed directly with Northside Fire if the applicant seeks reimbursement.

Why it matters: The case highlights limits on refunds for permit fees when staff have completed review and coordination, and underscores that wetland jurisdiction determinations by the U.S. Army Corps of Engineers can halt otherwise permitted work.