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Bluff planners propose scrapping land‑use‑clearance requirement, citing duplication with building permits
Summary
Staff recommended eliminating the land use clearance (LUC) ordinance because the building department’s review duplicates the LUC process, adds fees, and slows projects. Legal counsel is reviewing draft changes and staff said council could dissolve the ordinance after counsel’s review.
Town Manager Erin Nelson reported to the Bluff Planning and Zoning Commission on Nov. 6 that staff and the building department recommend dissolving the town’s land use clearance (LUC) ordinance because it duplicates checks already performed during the building‑permit process and imposes extra fees on property owners. Nelson said the change would remove redundant steps and reduce processing time for applicants and staff.
Nelson told the commission that the LUC language is referenced in several places in the zoning code and would need to be cleaned up across ordinances if the commission and council decide to eliminate it. Legal counsel is reviewing the proposed change; Nelson said once legal completes its review the town council could vote to dissolve the ordinance. In the interim, she advised staff are handling permit applicants on a case‑by‑case basis and not enforcing the LUC where the building permit review is already in process.
Commissioners asked whether they should place a formal vote on the change; staff said counsel had not returned a final opinion and that the item could be put on the Dec. 4 agenda if needed. Nelson confirmed the building department has had responsibility for permit vetting since April 1, 2025, and recommended that any proposed ordinance removal include updates to the master fee schedule and related flowcharts so the public understands the new process.
No formal vote to repeal the ordinance occurred at the Nov. 6 meeting; the commission instructed staff to continue coordinating with the town attorney and to prepare language and fee updates for future action.
