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Some residents don't look forward to the change

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buy this photo Meade County Rancher Bob Heidgerken catches a calf March 8 so he can ear tag it. Heidgerken's ranch is northeast of Rapid City, just north of the Pennington County line in Meade County. As Rapid City grows toward Meade County, it has created some zoning issues for Heidgerken, whose land is zoned for agriculture. (Ryan Soderlin, Journal staff)

Bob Heidgerken, a Meade County rancher who lives north of Rapid City, could, in the near future, have to answer to Rapid City planners.

The city of Rapid City is exploring extending its platting jurisdiction into Meade County, just three miles north of the city limits.

Heidgerken said he is concerned about zoning issues if he were pulled into the city.

"Then you're going to have to deal with Rapid City," he said. "You're going to have to deal with their ordinances. Hopefully, by then, Rapid City will have some services extended out here."

The extended jurisdiction, which Rapid City can legally exercise, could lead to the rezoning of Heidgerken's property from agricultural to residential or commercial, he said.

That could lead to problems such as putting up an electric fence or having a pasture for his cows. He also believes the move would speed up the end of agriculture in the area.

"I think Rapid City is almost making a mistake by forcing agriculture out," he said. "I think they should allow agriculture to continue until development actually happens."

Heidgerken believes the area could end up being rezoned from agricultural several years before the development actually occurs and before any city services, advantageous to area residents, would be extended.

Heidgerken hopes for a smooth transition.

But it isn't only Rapid City flexing its platting muscle. Piedmont, Sturgis and Summerset may soon be exercising or attempting to exercise additional platting authority, while Meade County officials are contemplating an attempt to pass zoning ordinances.

Box Elder recently exercised its three-mile platting authority, and Summerset city officials are working to finish a comprehensive plan that would allow the town, which was incorporated in 2005, to have platting jurisdiction.

Platting jurisdiction allows towns to regulate developments and the infrastructures of those developments but does not allow towns to have authority on annexation or zoning issues.

The jurisdiction is something cities have a right to exercise after completing a major street plan, which is part of a city's overall comprehensive plan. Cities are allowed jurisdiction up to three miles outside the city's boundaries unless there is another city within three miles.

In that case, the distance is negotiated between the two towns or automatically split down the middle.

An oversight resulted in Box Elder not exercising its platting jurisdictional authority since the 1980s, according to planning coordinator Mike McMahon.

Box Elder city officials announced to Meade County officials in January that Box Elder would now exercise its authority, McMahon said.

"When we discovered that we weren't in compliance with state statute, we moved as quickly as possible to come in compliance," he said.

The city has a right to exercise that authority because it has a major street plan in place, McMahon said.

The exact jurisdictions will need to be negotiated with Rapid City, he said. But the likely cut-off point for jurisdiction west of Box Elder will be Elk Vale Road. Other boundaries likely would be based on the territory in the Rapid City and Box Elder watersheds, he said.

He said people in areas outside Box Elder city limits who used to follow Meade County subdivision ordinances will now have to consult Box Elder instead.

Controlling development around Box Elder will be important as the town grows, McMahon said.

If left unchecked, the developments could lead to "serious infrastructure problems when our city boundaries reach subdivisions," he said.

Rapid City officials have been discussing at planning commission meetings the possibility of exercising the town's full three-mile jurisdiction, according to Rapid City director of growth Marcia Elkins.

Rapid City officials have concerns about ensuring the quality of developments and infrastructure outside city limits, she said. The planning commission decided at a meeting Wednesday, Feb. 20, to form a special task force to further study the issue.

Meade County currently has subdivision ordinances but no zoning ordinances. Those ordinances have so far given the county platting jurisdiction over certain areas in Meade County.

Kirk Chaffee, director of the Meade County office of equalization, said that county officials have recently been discussing an attempt to pass zoning ordinances.

He said confusion could occur when the towns start to apply their own platting jurisdictions, which could overlap with the county's existing jurisdiction. Meade County would like to continue to have some authority in platting, he said.

"Now that the cities and towns want to invoke their three-mile jurisdiction, we basically are forced to rethink what is the best way to serve the people in the county," he said.

Chaffee said that after people are placed under a town's newly exercised platting jurisdiction, a person could be pulled between city and county regulations trying to get approved for a building permit.

Meade County has attempted to pass zoning ordinances twice before and has been "soundly defeated," according to Chaffee. The word "zoning" is never a popular one, he said.

Chaffee believes that zoning has a better chance to pass now than in past years because of the potential confusion that could be caused when the different towns exercise jurisdiction.

Contact Ryan Woodard at 394-8412 or ryan.woodard@rapidcityjournal.com.

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