County Rejects Plan To Subdivide Plains Farmland

A West Plains man can’t subdivide farmland just because it’s not profitable to farm, county commissioners ruled Tuesday.

Since the 1980s, Will Payne’s land has been zoned “exclusive agriculture,” a zone intended to protect prime farmland by prohibiting lots smaller than 40 acres.

Payne argues that his land, just west of Riverside State Park and about 1-1/2 miles north of Coulee Hite Road, is infertile. It should be zoned “general agriculture,” which allows lots as small as 10 acres.

During a hearing last week, Payne said he only wanted to split a 45-acre lot in half so he could sell one of the two houses on it.

Under county law, there should only be one house on the land. Why the planning department gave Payne a permit for the second house in 1994 wasn’t clear, even to commissioners.

“It was a mistake or whatever,” said Payne.

Commissioner Kate McCaslin said she would have granted the zone change had she been assured Payne or a future owner wouldn’t divide the land into four lots. There could be no such guarantee, county attorney Martin Muench warned commissioners.

Some neighbors have said they fear that allowing small lots on Payne’s land would lead to more subdivisions nearby. Roads in the neighborhood couldn’t handle the traffic, they argued in earlier hearings.

In 1994, Payne asked to divide 160 acres, including the 45 at issue Tuesday, into 16 lots. Commissioners denied the request.

In 1996, Payne asked to divide 40 of the original 160 acres into four lots. Again, commissioners said no.

, DataTimes