Grayzone

Tally Lake Road neighbors oppose shooting range

A groundswell of opposition has erupted over a planned trap- and skeet-shooting range west of Whitefish, but neighbors learned Monday that stopping the project will be an uphill battle.

Part-time Flathead Valley resident Bob Hayes of Texas recently purchased 60 acres - the former Sundance Farms - near the intersection of Farm-to-Market and Tally Lake roads. He plans to build a clubhouse and shooting range at the unzoned site, about a quarter-mile from Bissell School.

Neighbors met with the county commissioners Monday morning to deliver a petition signed by 125 property owners and residents opposed to the shooting range.

The group also presented letters of concern from the Flathead Audubon Society, state Superintendent of Public Instruction Linda McCulloch and wildlife photographer Jay Deist, who leases adjacent land for photographing and filming wild animals.

John Klassen, a spokesman for the neighbors, said property owners are concerned not only about the noise and neighborhood intrusion of a shooting range, but also about the safety of Bissell School students. Lead shot that could poison waterfowl is another concern.

Michele Larsen, another neighbor, said she spoke with Hayes and learned that he and his friends intend to use the shooting range, equipped with four stations, about two hours every day, seven days a week from June through October.

Narda Wilson, a private land-use consultant hired by the neighbors, told the commissioners interim zoning seems like the best option, but may take too long to accomplish. She suggested Part I zoning that can be put in place if 60 percent of property owners petition for zoning. About 80 percent of the affected property owners have signed the shooting-range petition.

"We have a fairly solid block of people who would like this [zoning] to go through as soon as possible," Wilson said.

Chief Deputy County Attorney Jonathan Smith advised against Part I zoning, saying it's "less specific and hard to enforce."

WHITEFISH ATTORNEY Sean Frampton, who represents Hayes, said his client plans a private facility, not a gun club for public use.

"From a legal perspective, Mr. Hayes' rights are vested if there is no zoning out there," he maintained.

Frampton said Hayes is willing to meet with neighbors to work out their differences.

"He'd plant trees and do whatever to mitigate the situation," he said, adding that Hayes has hired landscape architect Bruce Boody to work on mitigation. "I think he wants to be a good neighbor."

THE COMMISSIONERS were puzzled about how to proceed because the area is unzoned. Commissioner Gary Hall suggested the first step should be a meeting with Hayes and the neighbors.

"I feel like Mr. Hayes has offered to meet with neighbors and we're setting things in motion and I'm uncomfortable doing that until he meets with the neighbors," Hall said. "The man hasn't had his day in court with the neighbors and I would hope something could be resolved."

Hall earlier had questioned whether the sheriff should inspect the property and provide a recommendation.

"We've approved shooting ranges in the past, and if the sheriff signs off, normally we approve it," Hall said. "If the sheriff turns this down, wouldn't that be the best option?"

Smith said an inspection by the sheriff is an informal process rather than a law. There are no laws requiring the commissioners to act on shooting ranges in unzoned areas, and state laws tend to protect private property rights even though noise could be an issue, he said.

"They [the Legislature] have decided that Montanans like to shoot," Smith said.

The commissioners said it's up to the neighbors whether or not to proceed with interim or permanent zoning for that area, but there's no way to shorten the planning process. A public hearing before the county planning board would be needed even for interim or emergency zoning.

Commissioner Joe Brenneman warned against the "unintended consequences" of zoning.

"It may or may not meet the other needs of the community," he said.

After the meeting, Wilson also cautioned the group that "zoning is a double-edged sword.

"Along with protection comes restriction," she said.

Frampton will meet with the neighbors at 10 a.m. Friday at his Whitefish office.