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16 Kim Piracci: Really? 808 809 Michael Harvey: Yeah. 810 811 Tony Blake: Because you’re interfering possibly with commerce or interstate commerce. 812 813 Michael Harvey: Or you’re interfering with a power company who’s got a license from the state to provide an essential public 814 service. This came up when we were doing the PSNC gas line. We required them to go through the SUP process. They 815 pitched a fit but did it because they didn’t want to have the argument. But the public hearing was a free for all. And the Board 816 of Adjustment didn’t like that much. 817 818 Randy Marshall: The rights of way falls under this category? 819 820 Michael Harvey: Rights of way, from my stand point, don’t fall under this category because it’s not a utility, it’s a… Right of way 821 is the granting of usage rights. So you could grant a right for drive access, that’s your personal business. The state condemns 822 property under state law and establishes a public right of way for ingress, egress for commands of vehicular traffic. That’s not 823 a regulated land use activity from this ordinance standpoint, but we can’t regulate where DOT puts roads, for an example. 824 825 Randy Marshall: So what you just said was that power line right of way and gas line right of ways are state regulated and 826 not… 827 828 Michael Harvey: That’s what we’re thinking we’re going to get hit with, yes. 829 830 Randy Marshall: Ok. What about a fire tower? 831 832 Michael Harvey: Well depending on who erects it I would call that a government protective service land use. If the County 833 erects it, to me, it’s a government protected service and a training operation that’s a government facility. If a fire department 834 erects it I’d consider it a customary inaudible use. 835 836 Michael Harvey continued reviewing abstract. 837 838 Tony Blake: These landfills would be private landfills? 839 840 Michael Harvey: Yes. The government cannot require or compel itself to get a SUP. 841 842 Michael Harvey continued reviewing abstract. 843 844 Randy Marshall: What about the person that wants to develop a family cemetery on their large property to prevent 845 development? 846 847 Michael Harvey: That could happen to because there are some special standards governing well placement from interred 848 remains. We have a family cemetery in Amherst, Virginia and the farm that it’s on was sold. We actually subdivided 10-acres 849 out of the farm and it’s now in the family trust and that’s where a lot of my relatives are interred, but we then set up some very 850 specific maintenance responsibilities and list out how we can amend this, who gets to do what, so that we know that the 851 graves are protected… Also remember under State law County commissioners ultimately have responsibilities for cemeteries, 852 in most circumstances, unless they’re municipally owned, developed, maintained. So technically if you find a grave, private 853 cemetery of 10, 15, gravesites under the Graves Act County Commissioners have some ultimate responsibility to deal with 854 that. 855 856 Lydia Wegman closed the meeting. 857 858 859 860 ___________________________________ 861