Board discusses lakeshore rules

Northwest Montana News Network

The major rewrite of the Whitefish lake and lakeshore regulations drew a small crowd Thursday as the Whitefish City-County Planning Board took public comment at the request of the City Council.

Planning Board chairman Steve Qunell pointed out at the outset that the board had no control over lakeshore regulations.

The meeting slowly evolved into a work session after some initial confusion about the board's role.

City planner Nikki Bond said the proposed regulations will be presented to the Flathead County commissioners, where they will "likely" be adopted for the county's 37 regulated lakes.

Ninety percent of the comments for the changes came from an ad hoc committee with a diverse makeup, Bond said, and both Flathead County Deputy Attorney Jonathan Smith and Whitefish City Attorney John Phelps said the regulations were lawful.

Twenty people addressed the board, with 13 generally supporting the proposed regulations, five generally opposed and two offering information.

Whitefish attorney Sharon Morrison, the lakeshore protection committee member who wrote a minority report critical of the proposed regulations, warned that if certain language was not changed, all the regulations could be successfully challenged in court.

But she said her opinion on how to amend the proposed regulations had changed since the minority report was submitted. If certain key parts of the proposed regulations were changed, the rest could stay in place even if they appear to be unconstitutional.

Flathead County planner George Smith, who led off the public comment, said the minority report's view on the lawfulness of the regulations was not the lakeshore protection committee's view.

Dewey Hartman, a longtime lakeshore resident who once served on the lakeshore protection committee, stressed the discipline it takes to keep Whitefish Lake pristine.

He said changing the regulations into guidelines would make them "worthless." The regulations need to be flexible, Hartman said, but loopholes need to be closed and language needs to be clear.

Eric Payne said he was concerned about the number of lawsuits the city has seen in recent years because of regulations and asked for more work on the proposed regulations.

The proposed regulations will go to the City Council on June 15.

In other Planning Board action, a request by Jill Zignego for a conditional-use permit to operate a professional office on Baker Avenue drew strong opposition by neighbors. The allowed use was established last year with a zoning text amendment.

After lengthy public comment, the board supported the request 4-3, with Peggy Sue Amelon, Karen Reeves, Ken Stein and Steve Qunell in favor and Scott Sorensen, Kerry Crittenden and Greg Gunderson opposed.