Zoning may stop work on railbanked trail
A group of landowners wanting action on a proposed trail found little assistance Monday from Marion County Commission.
But planning and zoning officials may put a stop to the trail if its developers fail to follow proper zoning procedures.
County commissioners said they would take no action before an attorney reviewed the issue, even though it's been in front of the county for five years.
Planning and zoning administrator David Brazil said he would issue a "stop work" order to prevent any changes until the developers, Central Kansas Conservancy, apply for and receive a conditional use permit.
"Nobody's exempt from zoning, and that's what this group is trying to claim," Brazil said.
The issue has been discussed since 1997, when the 33 miles of rail line between Marion and McPherson was railbanked. This means no permanent structures are erected on the railbed, and the base remains in place. If needed, ballast, ties, and rails can be restored relatively quickly.
The line has been proposed as a walking and bicycling trail.
Property owners along the line say they accept a trail can be developed along the property. They say trail operators haven't met requirements to develop a specific plan for use, control weeds, maintain fences, build gates to prevent access by motor vehicles, pay taxes, maintain a performance bond, and meet other responsibilities.
Spokesman Angy Jost said the law requires the county to enforce trail operations.
"You've been supportive, but we need more than support," she said. "We need action."
Brazil said active rail lines are consistent with agricultural zoning requirements, but that trails required conditional use permits.
County Attorney Susan Robson said the county could take a more active role if zoning regulations are ignored.
"We'll be involved, we'll be enforcing," she said. The county can pursue zoning violations in district court.
For now, though, commissioners said they would ask Jim Kaup, special county attorney for solid waste, to review the matter and send a letter to CKC.
Property owners said the county hasn't done much so far to see state law is enforced. Too often, Jost said, the issue was passed from attorneys to commissioners and back, while they awaited further information or legal opinions.
"Nobody wants to deal with it, so unfortunately, we (landowners) are dealing with it," Jost said.
