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Commissioners reject multi-county rural land-use resolution

 BURNET — A multi-county  land-use resolution could be more trouble than it’s worth, at least for now, and might lead to legal headaches with developers, Burnet County commissioners heard Tuesday.

At issue is a resolution proposed by the Hill Country County Coalition that calls for the Legislature to give Burnet County and 15 neighboring counties more options over the management of rural land use, setbacks, population density and impact fees on development.

While proponents said the measure in principle has some sound ideas, it could also set the stage for a fight, commissioners were warned.

“This (resolution) may not be something you need at this particular time,” said Subdivision Coordinator George Russell. “I’m not sure this is a battle you want to pick right now. It could solve some issues, but it could open some issues, too.” 

The Building Industry Association of the Highland Lakes also opposes the resolution, including suggested stricter controls on development.

“They (developers) will just litigate their way through it,” said BIA spokeswoman Jayne Mortensen. “The lawsuits will start flying.” 

Commissioners confirmed they will not sign the resolution until they hear more from their constituents.

“We have not yet received active input from our community” over land management and other issues cited by the resolution, County Judge Donna Klaeger said. 

Mortensen presented the commissioners with a “resolution in opposition” to the coalition. 

BIA-HL represents more than 300 builders, contractors, developers, suppliers and service companies in Burnet, Blanco and Llano counties. 

According to opponents with BIA-HL, the coalition’s resolution would promote “restrictive land use” that would “suppress affordable housing” and “adversely affect” the “cost of lots and in turn home sites, green and community spaces.” 

BIA-HL representatives contend impact-fee legislation for county development would do little more than worsen the relationship between the county and developers, Mortensen said. 

Commissioners countered that in the past, some developers have damaged county roads while they hauled materials to building sites on tractors permitted by the state.

“The county got nothing out of it,” Precinct 3 Commissioner Ronny Hibler said. 

“For the most part, new developers are responsible,” Precinct 1 Commissioner Bill Neve added. 

“If we ever finish with our subdivision regulations, we can have an impact on those developers we think are bad,” Neve said. 

Hibler concurred with Neve. 

“BIA and the county can work together for a set of guidelines that would be agreeable to both parties,” Hibler said. 

Klaeger directed County Environmental Services and Floodplain Director Herb Darling and Russell to keep in touch with the coalition. 

“We really need to know where they are headed,” Klaeger said.

Besides Burnet, the informal group includes Bandera, Blanco, Comal, Edwards, Gillespie, Hays, Kendall, Kerr, Kimble, Llano, Mason, Medina, Real and Uvalde counties. 

Previously, the Burnet County commissioners have hosted and attended coalition meetings to discuss mutual concerns over unfunded mandates and property tax caps, which still rank as the commissioner’s biggest concerns with the Legislature, Klaeger added. 

 Burn ban

As they have done for several months, the commissioners decided to keep the burn ban in place for the unincorporated regions of the county. 

“The fire departments report all is quiet,” Darling said. “The ban is working.” 

The average Texas Forest Service Keetch-Byram Drought Index for the county is 605, with some parts of the county reaching a KBDI as high as 749, Darling said. 

KBDI measures the potential for forest fires based on daily water balance, and the highest index of 800 indicates extremely dry conditions. 

“We ask the public for patience. Just be thankful we are not going through what California is going through,” Darling said, referring to several recent brush fires that have burned thousands of acres in California. 

Other business

Also during the meeting, the commissioners: 

n Presented a certificate of appreciation from the Texas Commission on Jail Standards to Sheriff Joe Pollock for his 16 years of service. 

n Approved the appointment of Cathy Ashley, John Davis, Gene Ehler, Nancy Nehring and Ben Schneider to Burnet County Emergency Services District No. 2 for the Cassie area. 

n Approved the appointment of Chuck Caraway, Dean Dearmont, Tice Porterfield and Mary Schulze for ESD No. 4 for Bertram. 

n Nominated Marble Falls City Manager Judy Miller to serve on the Lower Colorado Regional Water Planning Group K as a voting member.

n Approved an application to the National Rifle Association Foundation for ammunition, Tasers, Taser cartridges and traffic spikes for the Sheriff’s Office.

raymond@thepicayune.com