Shoshone County contemplating new roads ordinance

WALLACE –– Last week, the Shoshone Board of County Commissioners held a public hearing concerning the potential adoption of a private roads and driveways standard ordinance. 

This particular ordinance affects only those living in Shoshone County’s unincorporated communities and centers around amending Shoshone County Code 9-8-6, specifically, the parts of the code discussing access for emergency and fire crews, as well as easements and rights of way when those roads need to be accessed.  

Shoshone County Planning and Zoning Administrator Dan Martinsen explained how the draft ordinance came to be, beginning in August of last year when the Planning and Zoning Commission (P&Z) discussed changes to the zoning code – specifically road standards. 

After some discussion, a draft ordinance was penned, and the matter was set for public hearing at the December 6, meeting of Shoshone County’s P&Z Commission, where the board unanimously approved it. 

For such an ordinance to be adopted by a county, it must pass the local P&Z board and then also be passed by the county commissioners.     

The amendment was taken from Kootenai County Code, and according to Martinsen, it was “massaged” to fit the needs of Shoshone County.

“Essentially what it is, is it adopts the fire code as a standard for private roads and driveways. We haven’t had any formal design standards when it comes to private roads and private driveways,” Martinsen said. “When we adopt building code, within building code is the international fire code. So, by extension, fire code has always been required for building permits, what this does is pulls it out and puts it in zoning codes.”   

Within the amendment, there are several small changes that are discussed, however, some of the bigger changes that are being requested are that private road easements need to be at least 60 feet in width. Common driveway easements need to be 40 feet in width. Cut and fill slopes and stormwater systems adjacent to roads and driveways must either be shown as easements or rights of way in favor of the maintenance entity. And, that fire protection districts with jurisdiction over a property may determine whether a driveway or common driveway complies with the standards in the current international fire code.

This amendment will allow local fire chiefs to have some say in whether or not certain roads will be or can be accessed by their crews, or if changes need to be made. Martinsen did explain that the different departments have different equipment at their disposal, which could make some roads passable for them, even if they’re not quite up to the standards of the ordinance.  

According to letters received by Martinsen, Shoshone County’s fire districts and emergency responders support the ordinance because it requires that all roads be built to the same standards – currently, this lack of continuity in how new roads are designed can lead to challenges for these professionals when they are responding to an emergency.  

Several people spoke in favor of the ordinance, citing the need for safety and improved infrastructure. 

The board also received a neutral comment, where it was discussed that the verbiage of the ordinance needed to be tightened up with added specifications to make sure that areas with little or no access are not beholden to any sort of requirements that result in unfair takings of privately owned property. 

The board also heard comments against the ordinance, many of them centering on the ordinance being nothing more than takings, and that any such ordinance should only apply to residential dwellings. Silver Valley resident Chris Fall also brought forward concerns over what constitutes physical access to a property compared to legal access.

Even in his dissension of the ordinance as it was written, Fall told the board that he understood the reason behind the ordinance, but that didn’t change his belief that it needed to be revised. 

“I understand the purposes of this and I think having standards is a good idea,” Fall said. “But as this is written, I think it’s seriously flawed.” 

During his rebuttal, Martinsen explained that none of the new rules within the ordinance would be enforced on a “go out and look at driveways” basis, but instead would be enforced if and when a new building permit is issued or a road enhancement permit is issued.  

Martinsen also mentioned that P&Z is willing to hear from people who may not be able to adjust their current private drives and roads and see if there is a variance that be can found. 

Commissioner Dave Dose addressed everyone at the hearing following the comments and rebuttals – he would like to see the ordinance revised as well as a discussion between Martinsen, the BOCC, and Shoshone County’s Prosecutor to determine various legalities. 

Dose made a motion to continue the meeting to give the board time to review the ordinance, propose changes, and then reopen the hearing in early February. 

“We want the standard, but we want to revise the language to make sure that reflects impacting new development versus existing,” Dose said.