Camden County Formally Asks For The 660

Camden County has gotten involved.  Even though our local Chambers of Commerces and the Bagnell Dam Board of Realtors have openly supported the 662 contour, our county officials have not.  They have been  drafting this document to protect property owners from what the FERC Order could do to LOZ.  At a recent town hall meeting Presiding Commissioner Kris Franken asked if the people supported this idea, and with the show of almost every hand in the room the audience showed their support for this measure of protection.  This document was drafted at the request of the people.   I have pulled out some high points.  Please refer to this site to read the entire document:

http://www.camdenmo.org/land-use/Coordinated%20Land%20Use%20Plan.pdf

The crux of the Camden County Coordinated Land Use Plan is this: 

"Through the CLUP, the county proposes establishing the project boundary at an elevation of 660 feet lakewide with an increase in the Project Boundary elevation to 662' around wetlands that have been previously identified by Ameren or for project recreational sites, public access sites, state parks and historic properties."

On the third day of November, 2011, the Camden County Commission passed a resolution invoking their right to coordination with state and federal agencies, departments, and commissions.  The authority to do so is found in federal statutes and regulations relating to management, oversight, and planning of use of land and natural resources.

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Further, the definition of coordination shall be the common and ordinarily accepted definition of “coordination” as provided in standard dictionaries.  Common usage requires that Camden County, Missouri, and those units and agencies of federal and state government required by law to coordinate with the County be of equal status in the planning process and that plans proposed by such other units and agencies of federal and state government be consistent with those of the County.

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The Camden County Commission has the responsibility to protect the County’s tax base, protect the public health and safety, and to take actions necessary to serve its citizens.  This requires the county to plan for current and future land and resource uses and authorizes the County to exercise its powers related to the public health and safety which are customarily reserved to local government.

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1.2         Purpose

The purpose of this CLUP is to establish the past precedent and future vision for land and resource use in Camden County, and more specifically for the Lake of the Ozarks.  This document will guide growth and future development around the Lake and throughout Camden County.  This coordinated plan will help guide public and private investments in a manner that improves the Lake Area while guaranteeing private property rights and preserving land values.  The CLUP is created to ensure public investments in physical infrastructure, as well as private investments in the community, and improve the quality of life.  By coordinating the investment of public funds in public infrastructure and services and managing growth and development, the coordinated plan helps guide responsible growth while preserving private property rights, the local tax base, and important natural and cultural resources.

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Many of the encroachments on the current project boundary were the result of development which occurred prior to the FERC imposed requirement for shoreline management that began in the 1980’s.  As discussed in previous FERC orders on this subject, a considerable number of residences have been built on Ameren Missouri owned property within the project boundary, but have a written easement to do so.  The identification of these encroachments in the last couple of years coupled with over-reaching FERC regulation has created legal encumbrances that currently prevent the timely sale and transfer of these residences.  The proposed boundary amendment is a key component needed to remove these legal encumbrances and keep the FERC regulation authority below the 660’ contour in areas where adjacent private land ownership exists.

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It should be further noted that while the original 1932 written easement has been honored to date, Ameren Missouri has only paid Missouri state property tax to the variable water’s edge, or 660’ contour, since the original adjacent fee conveyances.  Property taxes from the variable water’s edge, or 660’ contour, landward have been paid by the adjacent fee owners for many decades.  This means that multiple decades of property taxes were paid by successor owners prior to the relatively recent 2007 modification of Missouri RSMo 516.090, and prior to the creation of the FERC in 1977 which marks the beginning point in time for the FERC authority and the current trend towards increased regulation.  While Camden County recognizes that the FERC is a restructuring of the Federal Power Commission under the United State Department of Energy, it is the opinion of Camden County that unauthorized over-reaching regulation began at the inception of this reformation.  It has been upheld whenever challenged that private property rights are a State’s Rights issue.  Under Missouri land law, the continual payment of property taxes on a parcel for 10 or more consecutive years causes the subject land to ripen to fee ownership for the payee by default without court action (this premise has been upheld, with respect to utilities, by case law in The Empire District Electric Company vs. Gaar).  This is the case for all of the lands that have been identified by Camden County to have their lakeward property line adjusted to the 660’ contour with the exception of the 662’ contour boundary being employed in areas containing wetlands that have been previously identified.  Further, lease free access to the Lake of the Ozarks must be provided to all private landowners regardless of what the Project boundary definition is.  This process is simplified by maintaining current flooding rights and adjusting the Project boundary to reflect the property tax boundary, which brings the Project into compliance with Missouri land rights and land law.

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To better understand Coordination go to:  www.americanstewards.us



If our county officials are willing to acknowledge the importance of the 660 then it is pretty apparent that there is a substanative reason we are asking for our property rights to be honored through the vehicle of adjusting the project boundary to the 660.  If you agree please get in touch with your representatives and let them know you support the Camden County and their request for the 660.