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Commission debates setbacks, lot sizes and sand-and-gravel rules while weighing pipeline reporting
Summary
Planners discussed Chapter 3 changes that would allow smaller lake-area lots within 10-acre developments, debated rules for shop houses and non-farm residences, and considered pipeline and sand/gravel permits, setbacks and enforcement measures including weed plans and driver logs.
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Planning staff and the county’s attorneys used the commission’s Dec. 8 meeting to outline technical revisions to Chapter 3 of the P&Z manual that affect lot sizes, shop houses and natural-resource operations, and to debate how the county will handle pipeline reporting and sand/gravel pit regulation.
Attorney Mark Kaffar described a proposal developed with Apex Engineering to allow smaller-footprint homes in the lake area "as part of development" but not as stand-alone lots; Kaffar said the draft would require green space and suggested one-acre lots within developments and a minimum development size of 10 acres. "These are going to be smaller footprint homes," Kaffar said.
Commissioners debated how to treat properties combining shops and residences, with Kaffar proposing an annual gross-receipts test to determine whether a property’s primary use is commercial. "If it’s lived in it’s a house," Planning Commission member Chris Renner said during the discussion about whether occupancy or intent should control classification.
On pipeline regulation, Kaffar said he removed most county-imposed separation requirements and proposed aligning with the North Dakota Century Code while keeping an application period so the county receives Public Service Commission filings and emergency-response maps. Casey Voigt asked for the ordinance to explicitly reference intrastate pipelines and Public Service Commission jurisdiction.
Regulation of sand and gravel pits drew lengthy discussion. Kaffar proposed larger setbacks and a waiver option signed by a landowner; commissioners debated mirroring coal property-line setbacks instead of the larger proposed setbacks. The commission discussed requiring written weed-control plans approved by the weed board and operational mitigations such as snow fences to limit blown sand on roads. Commissioners also debated driver logs, nighttime hauling restrictions, and possible sheriff inspections; Kaffar cautioned that some restrictions could be subject to litigation and urged the commission to require written mitigation plans so operators "come up with answers."
What’s next: Kaffar will circulate a final draft after Christmas. The commission will hear public comment at the Jan. 15, 2026 public hearing before the County Commission readings set for Jan. 21 and Feb. 4, 2026.
