Wahkiakum County commissioners on Tuesday rejected a citizen petition to pass an ordinance putting all regulations concerning land use controls to a public vote.

However, they agreed to form an advisory committee on land use issues after discussing the topic for an hour with a group of some 20 people.

Several weeks ago, the citizens presented a petition with over 400 signatures asking for the commissioners to pass the ordinance or to put the measure on an election ballot for a vote. Before acting on the issue, the commissioners referred it to Prosecuting Attorney Dan Bigelow for a legal opinion.

Bigelow delivered that opinion Tuesday, saying that other counties had tried unsuccessfully to pass similar measures. The measures ended up in court, and judges have ruled that they contradict the state constitution.

"The state constitution makes the rules," he said. "They determine from the top how land use decisions may be made by the counties. They don't include authority for the county to give control to the people by a vote.

"All the things that people might want to do by this ordinance . . . have been attempted and struck down as unconstitutional," he said.

To change the laws, he said, the citizens would have to take their case to the state legislature.

While some of the petition's proponents urged the commissioners to pass the ordinance and challenge the issue in court, others proposed a different direction.

The real purpose of the petition, said Don Fullerton, was to set up a process which would make sure citizens and land owners are notified about issues that might affect their property.

He and others opposed the proposal earlier this year to establish a national heritage area (NHA) for the lower Columbia River region, which they feared would lead to governmental agencies restricting peoples' use of property. NHA proponents said they would limit the NHA's land use authority in the enabling statutes, but they eventually withdrew the proposal.

"Our original intent was to prevent what happened the last time from happening again," Fullerton said. "Our object is to have information so when something like this happens, there is public knowledge immediately."

Fullerton suggested forming an advisory committee for land use issues, and after discussion of different means to publicize information, the commissioners returned to the concept.

Commissioners declined to act on the petition's request.

It would open the county to liability over its land use decision making process, and it would lead to expensive elections and probably costly litigation, commissioners said.

"It opens up a can of worms," said Commissioner Dan Cothren. "I'm for property rights, but this infringes on other things."

Board Chair Blair Brady moved to approve the petition's request, but the motion died without a second.

Next Commissioner Lisa Marsyla moved to form a citizen advisory board on land use issues; Cothren seconded the motion, and it passed unanimously.

Several in the audience, Lily Kolditz, Jerry Hogan, Len Lindsley and Lori Scott, volunteered to serve on it.

The commissioners and citizens also suggested more publicity of issues via The Eagle and the county's website. Clerk Marsha LaFarge said she is happy to email the board's agenda, created on Thursdays, to anyone wanting it.