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Commission forwards two options on building-eligibility transfers to county commissioners
Summary
After public input, the Planning Commission voted to send a proposed amendment on building-eligibility transfers to the Board of Commissioners with two options: remove the 'same ownership' requirement or remove it but restrict transfers within township boundaries for further review and public hearing.
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The Planning Commission voted May 12 to forward a proposed amendment to the county’s density and building-eligibility transfer rules to the Board of Commissioners with two options for consideration.
Staff described the ordinance background: Lincoln County’s density zoning, adopted in 1995, limits building eligibilities and requires contiguous/same ownership transfers for moving an eligibility. Staff said the existing requirement creates a cumbersome process—often resolved with quick-claim deeds and attorney assistance—and recommended modernizing the rule. "The same ownership requirement is something that should be looked at and should be updated," Planning staff said.
Members of the public proposed a range of options: allowing transfers countywide for a fee, restricting transfers to within a township to protect township revenues, or offering an auction/lottery or density-bonus approach. Several speakers argued changes could help younger farmers return to family farms or provide a revenue source for townships.
Commissioner Boots moved (seconded by Commissioner Scott) to forward the draft amendment to the Board of Commissioners with two options: (1) remove the same-ownership requirement (leave contiguity), and (2) remove same-ownership and contiguity but restrict transfers to within the township boundary. The motion passed by roll call.
Next steps: the draft and options will be reviewed by the Board of Commissioners; if remanded back, the Planning Commission will schedule a public hearing and make a formal recommendation.

