As Clatsop County Commissioner Richard Lee faces a recall tonight, he remains in contention with the County Planning Department.

He’s made progress toward meeting the land-use requirements Clatsop County’s attorneys have placed on him.

But there remains one major bone of contention.

He wants to mow the 50-foot riparian setbacks along sloughs on his golf course and recreational- vehicle park.

The county says he can’t.

Riparian corridors are areas along wetlands – or riverbanks – where special land-use rules apply. In Clatsop County, the setback is 50 feet. Within that area, vegetation shades and cools the water and provides habitat for small animals and salmonids. Leaving the vegetation in place also decreases the risk of erosion.

Lee’s various disputes with the Planning Department form the core of the reasons for the recall. Recall organizers have said there is a widespread belief that Lee has failed to follow the rules on permits and other issues – and used his position as an elected official to seek special treatment. Lee denies this.

Things came to a head in December when county planner Jennifer Bunch filed a complaint against Lee, saying she feared she would lose her job if she held Lee and his wife, Lynda, to the letter of the law. The complaint led to the county hiring an outside attorney to investigate Lee’s dealings with the planning department.

Lee had his Portland attorney file a tort claim against Clatsop County – a notice to sue – saying planners held him to a higher standard than other developers. Following the investigation and Lee filing the tort claim, Clatsop County’s four attorneys issued a memorandum outlining the actions they said the county should take.

One of the actions was to require Lee to come into compliance on land-use issues.

A hearing was held before Circuit Judge Cindee Matyas in December 2004 and January 2005, in which conditions for Lee’s RV park in rural Astoria were set. In that hearing – as part of his conditional use permit – Lee met the requirement of 50-foot setbacks for the sloughs.

Ed Wegner, Clatsop County director of Community Development, sent Lee a letter Jan. 31, explaining that he had reviewed development standards of riparian corridors along the sloughs.

“In short, mowing is not allowed in the 50-foot wide buffers to the sloughs,” he wrote.

But Lee filed an appeal to the letter.

County counsel Blair Henningsgaard responded to Lee’s appeal, saying in a Feb. 14 letter that any appeal must be made to the Land Use Board of Appeals.

He also said that Butch Parker, a Warrenton consultant Lee hired for land use issues, had contacted the Clatsop County Planning Department concerning 11 outstanding Lee permits.

Henningsgaard wrote, “Given that your clients have announced their intention to sue the county as a result of actions taken by that department, please address document requests and other inquiries concerning planning issues through my office.”

Another attorney representing the county, Andy Jordan contacted The Daily Astorian Wednesday.

He said there were several permits at issue on the Lee developments. “Five have been finalized. Eight have been inspected with corrections to be made,” he said.

Jordan said a master plan showing 50-foot riparian setbacks – that the Planning Department has asked for since 2003 – was filed March 17. He said it would take about two weeks to review the plan.

“The riparian zone is being reviewed by staff right now,” Jordan said.

Lee had deeded five properties to people between 1984 and 2001 and had not applied for the appropriate partitions or lot line adjustments – or demonstrated that the applications weren’t required.

Jordan said two of the property line adjustments have been approved and two are still under consideration.

“He is doing all the things that staff has asked him to do,” Jordan said. “I don’t think all of it’s been completed.”