Serving Whitman County since 1877
Serving Whitman County since 1877
Whitman County Public Works Director Mark Storey briefed county commissioners Monday on a decision he and Prosecutor Denis Tracy made on whether a marijuana operation outside Pullman is allowed to grow the crop – amidst a six-month moratorium placed in March on further marijuana business in the county.
At the end of May, Selway Holdings, LLC, sent a request to the county to re-examine if Selway has a “vested interest” in growing marijuana, due to their county permit from last November for a special fence around their facility.
Storey submitted their letter to county commissioners and Prosecutor Tracy for review.
Three months before the moratorium was issued, Selway was granted a county building permit for an “I-502” sight-obscure fence eight feet or higher.
“That gives them some grandfathering, or vesting,” said Storey.
He sent a letter to Selway’s attorney Aug. 14, stating that after conferring with Tracy, Whitman County “has come to the conclusion that your legal arguments would be very likely to prevail.”
Selway’s attorney, Ryan Espegard of Gordon Thomas Honewell, LLP, in Seattle, cited a similar case in Snohomish County.
“Whether you like or dislike what they’re doing, they do have some rights under the law,” Storey said. “Our only part of this is a land-use permit. Any fence over six feet becomes a building code issue.”
A state marijuana producers license requires an I-502 fence permit.
Selway’s application to the county for the fence refers to it as an I-502 fence, with the intent for it to surround a marijuana crop.
Neighbors have reported marijuana growing activity at the site at the intersection of Flat Road and Country Club Road since July.
So what does all this mean?
“It means they can grow marijuana there,” Storey said. “We try to follow state and local laws as established. The moratorium is still in effect for anything new.”
New activity not yet permitted, such as processing, would require a conditional use permit from the county, not now available under the moratorium.
Selway’s request for such a processing permit is what began the blowback last winter from nearby residents and others, leading to the six-month moratorium adopted by county commissioners.
Tracy acted as the attorney for the county on the matter.
Nearing the end of the moratorium on new or expansion of marijuana businesses, county commissioners have set a hearing for Sept. 3 at 10:30 a.m. on whether to renew it.
“When I went to engineering school, I never imagined I’d be stuck in the middle of an argument of whether we can grow marijuana on the Palouse or not,” Storey said.
Garth Meyer is a former Whitman County Gazette reporter.
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