Is zoning in the county’s future?

There seems to be a growing chorus of people within the county who are clamoring for some sort of zoning within Custer County as more and more businesses are popping up in residential areas throughout the county. The question is, will some sort of zoning eventually be adopted in the county, or will the Custer County Commission continue its hands-off, do-what-you-want-to-do-with-your-land approach?
Much like the vacation rental issue the City of Custer is constantly grappling with, the zoning issue in the county seems to be one of those “it depends on whose ox is getting gored” type of issue. Nobody really much cares what is going on around their home until something they don’t approve of pops up next door. Then, the calls for zoning begin.
We have been covering county politics for many years, and the zoning issue seems to crop up every five years or so. It’s usually precipitated by rumors of a business or a large junk pile that someone wants cleaned up. The commission usually explains that there is no zoning in Custer County, and that it really doesn’t have an appetite to implement any sort of zoning. Besides, the amount of people against zoning usually seem to outnumber those who seek zoning when the rubber truly hits the road. That is likely still the case, despite the room full of people who were in the commission chambers at the commission’s most recent meeting pleading for zoning.
On its face, asking for the commission to prohibit businesses in residential areas seems like a reasonable request. After all, few people want a slaughterhouse, a go-kart track, a giant campground, etc., next to their home. Most people move into the Black Hills for the beauty and peace and quiet the Hills provide, but that is pretty quickly shattered when go-kart engines are whining for eight hours a day or campground traffic is zooming by your house on a dirt road at all hours of the night.
But would it stop there? Commissioners brought up good points when discussing zoning at the aforementioned meeting. What one person considers junk, another person may not. What one person considers an acceptable level of noise, another person may not. Who decides what type of businesses are prohibited within a subdivision? What about a day care? A vacation rental? It could be a slippery slope that very well may be best solved by covenants. Some people argue covenants aren’t worth the paper they are printed on because most HOAs don’t have the stomach to enforce them. But, if enforced, the issue can be won in court. We have seen it before.
Maybe there is a time in the future where some type of zoning will be inevitable. We aren’t sure that time is here yet. People should be free to do what they want to with their land, and buyers should spend a great deal of time researching what could happen next to their land when they are considering purchasing property.
If you have covenants, enforce them. As has been said, any time of zoning ordinance passed now wouldn’t affect issues already here. Custer County is going to continue to grow, so these issues will likely continue to crop up as well. The commission has shown little desire to jump into the middle of the problems, so it’s likely up to landowners to keep these things from happening before they even get started.

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