Editorial:

Property rights vs. neighbors, where’s the line?

Posted 2/4/25

It was impressive to see the turnout for the public hearing for the first round of Park County’s amended development standards and regulations (DSR). 

Showing up, even in the early …

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Editorial:

Property rights vs. neighbors, where’s the line?

Posted

It was impressive to see the turnout for the public hearing for the first round of Park County’s amended development standards and regulations (DSR). 

Showing up, even in the early afternoon on a weekday, is admirable. With the 100 or so people who turned up, it makes me wonder how impossible it’d probably be to pack in all who would show up inside Cody Library’s Grizzly Hall if the meeting were held in the evening.

There were a lot of good points made, and the Park County commissioners took the right decision in voting to table passage of the packet of DSR amendments for now. 

Government should always have a good reason to add, or even change, regulations. 

But there are issues where regulations are needed (I’m sure most people in the county don’t mind regulating where solar energy fields, industrial windmills and adult entertainment businesses can be located), and hopefully those present listened to Commission Chair Dossie Overfield’s anecdote on the new campground in Wapiti.

In that situation, while the commissioners were able to use existing regulations to provide a bit of a setback for the buildings from the highway and to restrict the maximum number of buildings, there really wasn’t too much more they could have done. 

It’s one of a number of situations I’ve seen in my years covering commissioners and planning and zoning issues where those making the final decision wind up feeling the ire of the landowner for having regulated too much, and the ire of neighbors for not having regulated nearly enough. 

As the commission chair said, “It’s conflicting at times.”

It is indeed. There have been a number of scenarios where private property rights crash up against the desires of the neighborhood. Then the question becomes, when should property rights not be fully respected?

Is it when a private property owner wants to get more revenue by allowing a cell tower placed on their property?

Is it when a developer wants to build a major subdivision on the land they own where farm fields once resided?

Is it when a property owner wants to build something that will block others’ scenic views? 

As most people at the public hearing acknowledged, they don’t oppose all regulations, they just don’t want more. I understand that. But, the real question is, are you happy with where the county has drawn the lines between private property rights and the rights of neighboring property owners and the larger community?

If you’re not, then amendments need to be made. Please fill out the questionnaire at engageparkcounty.com and plan on attending one of the March planning use area meetings, where the questions won’t be general ones on whether or not we want more regulations, but more grounded issues, like whether a property owner ought to be allowed to divide his 50 acre parcel of farmland into 10 5-acre lots for a housing development, or whether a large house of worship should be allowed in a neighborhood.

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