How close is too close to water?

River setbacks up for discussion Thursday night

When Marc and Jeanne Carlson purchased property on the Flathead River 22 years ago, they knew sooner or later the river's shifting banks would be an issue.

They knew the 100-year-old farmhouse had been picked up and moved three times previously due to danger of the structure falling into the river.

Even so, when the river moved 15 feet in 20 years - leaving their garage 10 feet from the river's edge - the Carlsons were shocked.

"It got to the point where we had to do something or else the garage was going to be a boathouse," Jeanne Carlson said.

The Carlsons eventually had to pay $20,000 to repair and rebuild the river bank.

On the flip side, Bill Myers never imagined his million-dollar Swan River property, a retirement investment, could possibly be rendered worthless by proposed setback requirements.

"I'm an example of someone that had to pay a mortgage, interest, taxes and insurance," Myers said of his waterfront property. "I did that because I believed in the value of my property."

According to Myers, his 135-foot wide stretch of land could be devalued greatly if riparian setbacks are imposed by the county.

How far should structures be required to be set back from water in Flathead County? The issue is often described as one of property rights vs. water quality protection.

The controversy will be taken up Thursday night when the Flathead County Planning Board holds a public workshop on proposed stream and river setback requirements as part of county subdivision regulations.

The regulations, minus several contentious policies, were approved in September. Those policies were taken out of the document to allow for further review by the public and the Planning Board.

Thursday night's workshop at the Country Kitchen at the Flathead County Fairgrounds likely will be a showdown between two impassioned camps.

Planning Director Jeff Harris said so many public comments are expected that the Planning Board already has tentatively scheduled Nov. 1 to continue the workshop.

Harris said there have been a number of setback policies proposed.

The first option is for county commissioners to have the final say on which, if any, subdivisions will be required to have riparian setbacks.

Another option specifies setbacks for each waterway in the county.

The Flathead, Swan, Stillwater and Whitefish rivers would have 250-foot setbacks. Ashley Creek and Pleasant Valley/Fisher River would have 200-foot setbacks and all perennial streams would have 100-foot setbacks.

Harris said some groups have proposed a flat 300-foot setback on all waterways and Thursday night's meeting may produce other proposals.

Myers said he thinks 20-foot setbacks would be sufficient.

"These regulations need to encourage site-specific evaluations and protection of the environment," Myers said. "One size does not fit all."

Myers said he believes that not all waterfront property is created equal. Slope and soil type should be added into each unique equation.

"A rigid standard that prohibits development along an entire river cannot be appropriate from one property to another," Myers said.

Harris agreed that there is no magic number that works in every situation.

Riparian setbacks differ from county to county around the state.

Lewis and Clark county has a 250-foot setback requirement for its streams and rivers. Chouteau County holds a much firmer line, prohibiting structures within three miles of the Missouri River.

Even the most conservative setbacks would severely impair Myers' ability to develop his property, though he is hesitant to say whether or not he was planning to develop the land.

"If you can't develop your property, that's a taking," Myers said.

A taking is considered an action by the government depriving a person of private property without just compensation.

Myers continued, "If any of these conservationist, obstructionist groups come looking to take someone's property, they should come with their checkbooks. They should find a willing seller and make a deal."

But according to Mayre Flowers of Citizens for a Better Flathead, research shows that properties located on water bodies that have protections such as setbacks actually attract more buyers and result in higher property values.

"No, it's not a taking. People can continue to do almost anything," Flowers said. "They can continue to farm, play and retain private access to the water."

Flowers went on to say that setbacks are necessary to protect both water quality and the property owner.

According to Flowers, the 1964 flood in Flathead County caused damage to more than 1,000 structures and cost county residents about $25 million. Stream setbacks likely could lessen damages in future floods.

The absence of setbacks on their riverfront property cost the Carlson family about $20,000, $5,000 of which was shared with the Montana Conservation District.

Of the burden to repair the river's embankment, Jeanne Carlson said, "We have four kids and we are both teachers. It was like, 'Do we send our kids to college or fix the river?'"

Eventually the river edged so close to the Carlsons' garage that they had no choice.

With the help of five different agencies, the Carlsons worked for two years to engineer and eventually construct an embankment of sandy clay, fabric and rock. This summer the Carlsons completed the project by planting native grasses and trees to further stabilize the soil.

When asked what she thought of the divide between property rights and water quality, Jeane Carlson said, "If you live on the river you need to care for water quality. How valuable do you think your property will be if the river has eaten away at it?"

The public is invited to comment on the issue of setbacks at Thursday night's public workshop. The meeting starts at 6 p.m. in the Country Kitchen at the county fairgrounds.

Reporter Amy May can be reached at 758-4459 or by e-mail at amay@dailyinterlake.com