Commissioners approve controversial subdivision in Henry’s Lake Flats

ISLAND PARK — The Fremont County Commission voted Monday to overturn the Planning and Zoning Commission’s denial of the proposed Caldera Flats subdivision in the Henry’s Lake Flats area of Island Park after determining the project meets county development standards despite months of public opposition.

The board voted 2-1 following deliberations over the proposed 32-lot residential development by Doug and Kevin Button of DK Land, LLC. Commissioners Rick Hill and Mark Chandler voted to grant the appeal, while Commissioner Blair Dance voted against it.

The appeal stems from the Planning and Zoning Commission’s denial of the preliminary plat last year, with commissioners finding the proposal did not comply with the purpose of the zoning district or the Fremont County Comprehensive Plan.

The Caldera Flats subdivision is a separate proposal from the previously denied Island Air Park project that the Buttons pursued in 2024.

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Commissioner Hill said the board’s responsibility was to determine whether the proposal complied with Fremont County’s development code, not whether commissioners personally supported development in the area.

While acknowledging many residents oppose new development in the area, Hill said property owners have rights and that development cannot be denied unless it violates county regulations.

“The bottom line that the commissioners need to consider is whether or not the application meets the standards and requirements of our Fremont County Development Code,” Hill said. “You can’t stop development just because you don’t want it.”

Commissioner Chandler echoed those sentiments, saying few people want to see the area developed, but noting that property owners also have rights. He noted that landowners should be allowed to use their property as they choose, provided they comply with county ordinances.

“Nobody wants that place developed. Island Park is a special place, but people own property, and property rights have to be respected,” Chandler said.

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“If someone wants to keep their land open for wildlife or grazing, that’s their choice. If another property owner wants to develop their land and complies with county code, they have that right as well,” Chandler added.

Commissioner Dance, who cast the lone dissenting vote, said he remained concerned about issues raised during the review process, including irrigation and drainage.

He said any development approved in the area should be carefully planned to establish an appropriate standard for future projects, and indicated he would have preferred to send the application back to the Planning and Zoning Commission for additional review rather than approve the appeal.

“If development is going to occur in this area, it needs to be done correctly because it will establish the standard for future development,” Dance said. “I believe the Planning and Zoning Commission should review this again in light of the discussion we’ve had today.”

“My concern isn’t necessarily with this subdivision itself. My concern is making sure we get it right,” he added

Following the vote, several opponents of the project stated on local Island Park Facebook pages that they want to appeal the decision and are actively reviewing legal options under the county’s appeal process.

For now, the commissioners’ decision grants the appeal and allows the project to move forward, subject to conditions approved by the board, including protections for neighboring irrigation rights, connection to the Mack’s Inn wastewater treatment system, and the use of wildlife-friendly fencing or no fencing.

For more information, go to Fremont County’s website.