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Teton County grants variance to build near Woods Creek Fen with conservation condition
Summary
The commission approved a variance allowing a single residence access inside a wetland buffer on an ~80‑acre Woods Creek Fen parcel, conditioning approval on placing most of the remaining property under a conservation easement or similar deed restriction to protect habitat.
Teton County’s Planning & Zoning Commission approved a variance that permits a residence and associated access within a wetland setback on an 80‑acre parcel that includes the Woods Creek Fen. The commission’s approval included a requirement that the applicant preserve the remainder of the parcel outside the building envelope in perpetuity by recorded conservation easement or equivalent deed restriction.
Staff presented the request as a narrow variance to avoid the greatest wetland impacts. The applicant’s representative, Derek Ellis, told the commission the chosen building location minimizes disturbance and that the owner intends to encumber roughly 75 acres with a conservation easement. Ellis said the U.S. Army Corps of Engineers had expressed interest in preservation‑based mitigation for the site.
Concerns raised: environmental speakers urged caution. Engineer and restoration specialist Jeff White told the commission that fens are rare and sensitive and warned about groundwater and nutrient impacts from septic systems; he recommended tabling the request until more technical mitigation information was available.
Commission response and conditions: commissioners acknowledged the ecological sensitivity but concluded the proposed location represented a minimum‑impact design for a single dwelling. To meet the code’s intent (LDC sections 5‑4‑1 and 5‑4‑2), the motion added a condition requiring the applicant to place the remainder of the property outside the building envelope into a protected natural state in perpetuity (conservation easement or equivalent deed restriction). The motion also tied findings to the general development and habitat mitigation language in the LDC.
Next steps: the applicant must record the conservation mechanism and provide any documentation required by the Army Corps and county staff as part of the building‑permit and mitigation process. The commission’s action grants the narrow variance; it does not allow further subdivision or development beyond the approved building envelope without additional approvals.
