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Hubbard County board recommends denial of shoreland amendment requested by Crow Wing Highland Association
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Summary
The Hubbard County Planning Commission Board of Adjustment voted unanimously to recommend denial of a request to allow controlled access lots as a conditional use on natural-environment lakes after hearing that a common access lot used by 13 property owners lacked a conditional-use permit recorded in 2002 and staff said the ordinance change in 2015 removed that use for such lakes.
The Hubbard County Planning Commission Board of Adjustment on March 23 reviewed an amendment request from the Crow Wing Highland Association that would allow a controlled access lot (CAL) to be approved as a conditional use on natural-environment lakes. Applicant Jeremiah Johnson told the board the association comprises 13 property owners and that a common lot at 15695 Crescent Ridge Trail had been used for recreational docking and boat tie-off for roughly 22 years.
Johnson said covenants recorded with the county in 2002 described recreational use for the common lot but that, after his family bought a parcel in 2023, a letter in April 2024 notified owners they were out of compliance with county rules and would need to apply for a conditional-use permit. "We do know that a conditional use permit was not obtained," Johnson said, and asked whether the board could recommend options to legalize use going forward.
Environmental Services staff told the board the county’s shoreland-management ordinance was amended in 2015 to remove the controlled-access-lot allowance on natural-environment lakes; properly established access lots from before that change can be legal nonconforming uses, but the staff analysis found the Crow Wing Highland lot was not established with the necessary conditional-use approvals. Staff said there is no legal route to seek a variance to create a use that the ordinance does not permit; each lot’s eligibility would require an individual assessment against ordinance criteria and lot-size/setback standards.
Board members asked about how ownership is recorded (staff and applicant noted parcel IDs tied to 13 properties are visible in the county GIS), how often the lot is used (the applicant estimated one or two boats at a time on weekends and seasonal use over summers), and whether selling or re-titling the lot would be feasible. Several members said they sympathized with owners who paid property taxes and relied on the access but emphasized the county could not simply reverse the 2015 ordinance change without opening the rule to all similar lakes. Veronica, chairing the meeting, advised the applicant to seek legal counsel and work with Environmental Services on next steps.
After discussion, Chair Veronica moved that the PCBOA not recommend approval of the shoreland-management amendment allowing CALs as a conditional use on natural-environment lakes and forward a denial to the Hubbard County Commissioners; Larry seconded the motion. Board members Tim (aye), Larry (aye), Mike (aye) and Veronica (aye) voted in favor of the motion, which passed. Environmental Services will issue a letter to the applicant outlining procedural next steps.
The board’s action is a recommendation to the county commissioners; the commissioners have the final authority to adopt or reject any ordinance amendment. The Environmental Services office will follow up in writing with the Crow Wing Highland Association about options, including legal counsel and possible property-specific remedies.
