Draft of Whitefish stormwater law ready for review

Public forum set for Sept. 13

The final version of a proposed stormwater law that's been brewing in Whitefish for several months may clear up much of the controversy over construction on steep slopes.

A critical areas advisory committee appointed earlier this year to draft a final version of the drainage-related ordinance recognized that the "one size fits all" approach will not work when it comes to steep slopes, committee chairman Alan Elm said.

"Instead of fixed cutoffs, the committee opted for standards that take into account the specifics of each location," Elm said in a prepared statement. "Providing flexibility to account for site specific conditions introduces more complexity, but that's a tradeoff we were willing to make."

Slope construction became a hot-button issue early on because the proposed ordinance aimed at prohibiting development on slopes in excess of 30 percent. It was the focus of a lawsuit filed against the city when a Whitefish couple was denied a reasonable-use exemption to build on a slope in excess of 30 percent.

There was criticism and confusion on other issues, too, such as how the law would affect riverfront setbacks, trail construction and construction on vacant land.

A final draft was completed at the committee's final meeting on July 31.

The ordinance now goes for review to the Whitefish City-County Planning Board, which will make recommendations to the City Council. Both bodies will hold hearings to receive public comment on the proposal, beginning with a planning board hearing at 6 p.m. on Sept. 20, at Whitefish City Hall. By the end of the year, the council hopes to take final action on the ordinance, which would replace the interim urgency ordinance passed in April 2006.

A community forum is planned in advance, with an open house beginning at 5:30 p.m. Sept. 13 at the O'Shaughnessy Center in Whitefish. City staff, committee members and consultants will be on hand to answer questions. A formal presentation begins at 7 p.m. and will be followed by a question-and-answer period.

The ordinance represents Whitefish's first comprehensive approach to protect critical areas, which include Whitefish Lake and smaller lakes, wetlands, streams, the Whitefish River, critical stormwater conveyances, areas with high groundwater and erosion hazards.

The committee held a dozen meetings this summer to learn about critical drainage areas, conduct field visits and determine how to protect those areas. Along with the draft ordinance, the committee highly recommended that the Planning Board conduct a Community Forum as part of its public outreach.

WHITEFISH'S STORMWATER saga has dragged on for more than two years, becoming a confusing quagmire of proposed regulations.

It began in July 2005 when the City Council adopted its first emergency ordinance, putting development on hold in sensitive drainage areas until a stormwater master plan could be completed. That plan was approved in March 2006.

In April 2006 the council moved forward with another emergency ordinance that put interim regulations in place, allowing engineering to proceed on projects delayed by the first emergency ordinance.

By October 2006 the city was ready to proceed with a permanent version of the stormwater ordinance. Then it became a proposed interim ordinance, with a permanent version promised once the growth policy was completed.

The Planning Board rejected the initial proposal for an interim ordinance largely because of the 30 percent slope restriction, and sent it to the City Council in November. A month later the council bounced it back to the Planning Board for further review after two opposite drafts of the law emerged.

THE DRAFT critical areas ordinance is available for public review on the City Planning Department Web site, www.planitwhitefish.com. It also is available at City Hall and the Planning and Building Department at no charge. Comments are welcome on the draft. They may be in writing, via e-mail to wcompton-ring@cityofwhitefish.org or phoned to the Planning and Building Department at 863-2410.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com