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Land easements approved

by Sam Wilson Daily Inter Lake
| December 1, 2015 6:28 PM

Concerns from the mountain biking community notwithstanding, Montana Fish, Wildlife and Parks on Monday announced it will sign off on two conservation easements to secure more than 10,000 acres of private forested land north of Whitefish.

The Haskill Basin easement spans 3,020 acres west of Whitefish Lake and would prevent future development in the critical watershed, which feeds into the lake and directly provides 75 percent of the city’s water supply. The other 25 percent comes directly from the lake.

Stoltze Land & Lumber Co., which owns the land, would be allowed to continue forest management activities, including limited logging.

In addition to water security, the easements also provide recreational access.

During a Nov. 9 public hearing and in many of the 56 comments received by the state agency, members of the local mountain biking community noted that a popular trail system in Haskill Basin was not explicitly authorized under the agreement.

In its response, the agency noted it was unaware of the extent of trail use on the property, stating the comments “clearly demonstrated that the single-track, off-road trail on the property is extensive and heavily utilized by a wide variety of recreational users.”

However, it notes that Stoltze’s open lands policy does not allow the public to create trails on its property, and other comments cited concerns over social conflicts, erosion and damage to fish and wildlife habitat if the trails are not properly managed.

“We didn’t address it because they built those trails without our knowledge, without telling us, the city or the state,” Stoltze General Manager Chuck Roady said Monday. “That doesn’t necessarily mean we’ll say ‘no’ at all, but you just can’t go illegally building trails on someone else’s property.”

Roady said the timber company does not actively police the property for illegal trail building and maintenance, but suggested that the state may attempt to crack down during its annual inspections of the property. The inspections are required under the terms of the easement.

Noah Bodman, a board member with the mountain biking advocacy group Flathead Fat Tires, acknowledged the trails were built illegally, but said he believes affirming their use could lead to a safer situation for trail users.

“I think those are entirely valid arguments,” Bodman said. “[But] there’s no process or avenue for a good trail network to be built, so really all this easement is doing is guaranteeing that there are going to continue to be people up there building illegal trails, maintaining illegal trails, and all the downsides that come with that are going to continue to exist.”

Fish, Wildlife and Parks noted that improperly built and maintained trails can cause increased erosion, negative impacts on fish and wildlife habitat and social conflicts between user groups. Mechanized and motorized use, including mountain biking, would still be allowed on more than 25 miles of existing roads on the property.

Agency wildlife manager Neil Anderson said that while the comments will result in minor changes in the easement’s language to clarify what uses are allowed, it will be largely up to Stoltze and future landowners to enforce the policy.

“It doesn’t necessarily prohibit [use of the trails], I think what it does is it leaves those decisions up to the landowner,” he said. “It’s private property, and if there are violations we will handle that like violations on anybody else’s property.”

The agency expects to ink the deal for the Haskill Basin easement next month. It must then be approved by the Montana Fish and Wildlife Commission and the State Land Board.

The easement was appraised at $20.6 million, of which $3.9 million is being donated. Earlier this year, Whitefish voters approved a 1 percent increase in the resort town’s sales tax to raise $7.7 million for the project, with the remaining $9 million coming from federal funds.

The management plan for the 7,150-acre Trumbull Creek easement is still being finalized. Stoltze is discounting that $12.7 million easement by $3.2 million. A pair of federal grants will provide another $8.5 million, with $1 million still unsecured.

Anderson expected that deal could close by the end of 2016.


Reporter Sam Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com.