Subdivision near eagles' nest gets county OK

The Daily Inter Lake

The Flathead County commissioners unanimously have approved a preliminary plat for a 28-house subdivision 900 feet from an active eagles' nest.

Commissioners Dale Lauman and Jim Dupont said that the nest appears to be far enough from the nearest proposed house that it should not be disturbed, according to minutes of the March 12 commissioners meeting.

Commissioner Joe Brenneman added that the county has no laws or regulations to prevent the Spoklie & Hoover III venture from building 28 houses on 181 acres at McGregor Pines, south of U.S. 2 near Marion, the minutes said.

The commissioners said the developer has to be trusted not to disturb the eagles' nest, and that authorities will know who to seek if that occurs, the minutes said.

State wildlife biologists confirmed in February that two eagles live 900 feet from McGregor Pines.

If the eagles are disturbed into leaving or changing their lifestyles, that could violate federal law, according to a Feb. 18 letter from the Montana Department of Fish, Wildlife and Parks to Flathead County.

The nest is 1.8 miles east of McGregor Lake and 900 feet from the proposed subdivision's southwest corner.

On Feb. 11, the county Planning Board decided that the possibilities of a nearby eagles' nest and black terns were too fuzzy and recommended 7-2 that the county commissioners approve the proposed subdivision.

Then on Feb. 13 and Feb. 18, two state wildlife biologists visited that area. Each time, they saw one eagle in the nest and another one nearby, according to the state's Feb. 18 letter.

Montana's Bald Eagle Management Plan recommends that a half-mile buffer be placed between a nest and any permanent human activity. The state wildlife agency recommended that no houses be built on the 10 lots closest to the nest.

However, the management plan is a guideline and is not a law.

But the federal Bald and Golden Eagle Protection Act of 1940 prohibits disturbing bald eagles, the letter continued.

The state letter defined "disturb" as injuring an eagle; interfering with its normal breeding, feeding or shelter behaviors; or causing it to abandon its nest.

The maximum fine is $100,000 for a person and $200,000 for an organization, or potential imprisonment of up to one year - for a first offense. Penalties increase with subsequent offenses.

The state's eagle management plan makes the following recommendations for a housing development overlapping a half-mile buffer zone around an eagles' nest:

n Dispersed recreational activities are allowed in a buffer area. But heavy equipment use, blasting and concentrated recreational use should not occur. More activities are allowed during non-nesting months.

n Permanent developments should not be allowed within the buffer zone.

n Structures such as overhead utility lines should not be built in the buffer zone.

The bald eagle was removed from the federal endangered and threatened species list in 2007.