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Our Planning System is Broken And Corrupt

Staff

The recent rezoning of land at Powder Mountain raises serious concerns about zoning integrity, public access, and the future of recreation in this area. The Cache County Planning Commission and County Council has approved a controversial and unlawful rezoning for Parcels 16-014-0005, 16-015-0006, -0012, -0013, -0014, 16-016-0004, -0015, -0016, and 16-017-0015, shifting these lands from FR40 (Forest Recreation, 40-acre minimum) to Resort Recreation (RR).

This decision violates key zoning regulations, ignores procedural safeguards, and undermines the intent of Resort Recreation zoning. As the Planning Commission works on Powder Mountain’s Master Plan, they must take immediate action to rectify these failures and prevent the erosion of recreational access to this unique area.

A Rezoning That Violates County Code

Under Cache County Code § 17.14.020(d), properties adjacent to an RR Zone must either:

  1. Meet RR Zone requirements independently, or

  2. Be incorporated into a Master Plan amendment of the adjacent RR Zone property through an agreement with a property owners' association.

The Planning Commission failed to meet either requirement:

  • The rezoned property does not meet the 2,000-acre minimum required for an independent RR Zone and lacks the necessary ski lifts.

  • The adjacent RR-zoned property does not have a Master Plan, making any amendment process impossible.

By approving this rezoning without meeting these legal conditions, the Planning Commission bypassed essential zoning safeguards. This decision sets a dangerous precedent, allowing zoning rules to be ignored and manipulated to suit private interests.

The Bigger Picture: Recreational Access and Zoning Integrity at Stake

Resort Recreation zoning was established to support recreational developments that contribute to tourism, economic growth, and accessibility. However, the approved rezoning does the opposite:

  • It allows for a private ski club with restricted access, violating the intended purpose of RR zoning.

  • There is no demonstrated public benefit, as required under Cache County Code § 17.08.030(G)(1). A private development catering to an exclusive membership base does not contribute meaningfully to local tourism or the economy.

  • Infrastructure and emergency service plans were ignored—the County failed to secure interlocal agreements before approving the rezoning.

  • The decision disregards environmental protections, placing a sensitive wildlife and watershed area—Monte Cristo—at risk.

Simply put: this rezoning benefits a private development at the expense of zoning integrity and recreational access.

What Needs to Happen Next

As the Planning Commission updates Powder Mountain’s Master Plan, they must take action to ensure that zoning remains meaningful and development aligns with its intended purpose. Specifically, the Master Plan must:

  • Guarantee that access to the ski area and lift infrastructure—including all existing skiable terrain, lifts, and backcountry areas—is clearly defined and protected. This cannot be left open to interpretation.

  • Set clear definitions for public access, including reasonable price caps, ideally indexed to inflation, to prevent exclusion through exorbitant costs. We don’t need $100,000 per year lift tickets.

  • Enact stronger protections against further privatization, ensuring that Powder Mountain remains a viable recreational destination and does not become progressively more exclusive over time.

The Bottom Line

This unlawful rezoning has already been approved, but it’s not too late to demand accountability. The Planning Commission must address these failures in the Master Plan to prevent future zoning abuses and ensure that Resort Recreation zoning serves its intended purpose.

Recreational areas—whether publicly or privately owned—should remain accessible and aligned with zoning principles. The decisions shaping Powder Mountain’s future must reflect that priority.

 
 
 

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