Flathead County tightens lakeshore regulations

In an effort to settle a lawsuit, Flathead County no longer will issue administrative permits for certain lakeshore construction projects under new regulations the county commissioners unanimously approved on Tuesday.

The county Planning and Zoning Department had issued administrative permits for some projects within lakeshore protection zones since 1989, but recent litigation over structures built at Lake Five drew concerns that such permits are illegal under state law.

The county stopped issuing administrative permits for lakeshore projects last summer and now requires standard permits, which involve public hearings before the county Planning Board. The regulations the commissioners approved on Tuesday formalize that change in practice. They also spell out a new appeals process for neighbors who oppose such projects.

The types of projects in question include single residential docks, free-standing pilings adjacent to docks, utility lines, ground-mounted decks, walkways, shore stations or boat lifts, small-scale tree and vegetation removal, and the installation of riprap (rocks laid on the shore to prevent erosion).

The Planning Board recommended approval of the new regulations last month. In a memo to the board, Planning and Zoning Director Mark Mussman wrote that state law describes a procedure for the county "to permit work if it finds the work has a minimal or insignificant impact on a lakeshore," but "county legal staff concluded that Montana code does not allow the planning department the ability to issue lakeshore construction permits."

ALSO TUESDAY, the commissioners authorized Caitlin Overland, a deputy county attorney, and Susan Swimley, a land-use attorney from the Montana Association of Counties, to attend a May 5 meeting aimed at settling a lawsuit brought by the Friends of Lake Five.

The group of Lake Five area residents filed the suit about a year ago, accusing the county of illegally granting permits for various structures at the lakeside Whistlestop Retreat, which consists of rental cabins.

Complaints of building and permitting violations have become a hot-button issue around Lake Five, highlighting shortcomings of the county's complaint-driven code enforcement system.

Before the Friends of Lake Five sued the county over the Whistlestop Retreat, the retreat's owner, Susan Dietz, had filed suit in November 2019, seeking to move a road easement and accusing neighbors of trespassing and harassment.

In May 2020, Dietz filed a separate complaint about the Lake Five Resort, saying it had failed to secure the mandatory permits for multiple docks, swim platforms and buoys marking the resort's swim area. The county agreed with Dietz, and soon afterward the Montana Department of Environmental Quality notified the resort of another violation: the business allegedly created enough RV spaces to qualify as a subdivision, violating the state Sanitation Act.

Dietz now is seeking a permit to build a boat dock at the Whistlestop Retreat. The Planning Board was expected to consider the request during its Wednesday evening meeting.

Reporter Chad Sokol can be reached at 758-4439 or csokol@dailyinterlake.com