Compromise would preserve lake access

Swan Lake residents may have reached a compromise last week on a controversial 25-foot lake access.

Lake County Commissioners Paddy Trusler and Bill Barron were present at a community meeting to discuss a proposal with residents and fine-tune it.

The end result was to regulate the nonmotorized access and then enforce it.

The access, which stretches from Montana 83 to the high-water mark between the Fenner and Bosworth properties, was given to the county in 1925 by Mabel Bond.

It has recently seen more use, and both public access and private property concerns have emerged regarding the site.

A meeting in June led to a survey of the property to clarify boundary lines. That was completed earlier in July and presented on a map at the meeting. Those boundaries now have been marked.

“The survey revealed a little more usable area with a small encroachment on the south boundary,” Trusler said.

The summary provided at the end of the meeting suggested that the access will be a walk-in site for people using non-motorized boats such as kayaks, canoes and flotation devices. It would not be for recreational purposes or for swimming and no parking or unloading would be allowed on site.

These regulations would be posted with “tasteful” signs at the access. Trusler noted the goal would be to keep the access “low key” and that there would not be large signs on the other side of the road broadcasting it.

People could still walk in to look at the lake.

“It doesn’t say no looking,” Trusler said.

Adjacent property owner Linda Bosworth said Bond deeded the land over to the county to maintain it, since it actually was a driveway to give access to the properties there. Bosworth said even following the survey with markers and tape up, she has witnessed people crossing the boundaries.

Trusler said the driveway history did not explain why it went all the way down to the lake. He pointed out that this is not the only access like this in Lake County.

Several residents asked if the fee at the nearby day-use area could be lifted to alleviate the problem. The access has seen more use as people have tried to find free alternatives to the park.

Forest Service representative Andrew Johnson said that is not an option.

“Because of the level of service demanded by the public, it’s too expensive to maintain” without a fee, he said.

He noted the Forest Service can’t differentiate based on the purpose someone wants to use the site for. Entrance gives the person access to all of the facilities.

Commissioners said abandoning the access, or giving it up, was no longer on the table and the direction to go was to come up with rules to manage it.

“If it isn’t regulated, we can’t do anything about it,” Trusler said. “Our purpose in being here is not to develop the plan for you. It’s to find out what’s to be done.”

The original proposal included allowing for a minimal loading and unloading zone.

A few people expressed concerns about those who may not be physically able to carry their boats in or that unloading elsewhere along the highway would be a potential hazard.

“I do think the plan for a drive-in and unload should be there,” Sharon Hopkins said. “I see a problem with people trying to carry across the highway. It’s very dangerous.”

Other people expressed concerns that the area was not wide enough for most vehicles to turn around without crossing over the boundary lines to private property. In the final summation of the meeting, it was stated that there would likely be no loading or unloading.

If the access is completely closed to vehicles, the county will need to enter into private agreements with the Fenners and Bosworths to allow them to drive in the access to reach their properties.

Those who are using the access would have to find off-site parking. Where people park is not something the county has control over, Trusler said.

“It’s public now and it’s unregulated. If we go ahead and try to regulate it and enforce it, the parking issue will still exist. We can’t regulate it,” he said.

Some residents suggested multiple postings of the rules so those who enter from the lakeside also know what they are.

Barron offered that some sort of barrier should be placed beyond the driveway entrances that would narrow the access to only Americans with Disabilities Act accessibility specification width. That would also eliminate the possibility of most four-wheelers driving down to the lake through that access, he said. Fencing is proposed to be installed on both sides to clearly mark the access and, in theory, prevent trespassing, Trusler said. County regulations stipulate that fences have to keep back 30 feet from the high-water mark. Trusler said the county could pursue a variance to extend the fencing further.

“We have to abide by our own rules,” he said.

Dave Carlson asked how these improvements, like the fencing, would be financed.

“Do you have the money to fix this up?” Carlson said.

Trusler later said that the county does have some park fund money, but would also welcome donations.

“We are prepared to spend a reasonable amount of money to put the plan in place,” Trusler said.

Self-policing as well as community involvement will be key to these rules taking effect, Trusler said.

“I will tell you community management and operation will ensure its success much more than a distant government,” Trusler said.

Trusler said he and Barron would go down following the meeting to examine the site and discuss further what should be done.

“Be it somewhat controversial, we’ve made some progress,” Trusler said.