Despite Public Opposition, Flathead County Commissioners Approve 159-foot Dock Variance for Lakeside Marina

After residents aired concerns that a commercial marina on Flathead Lake would function as a de facto dock club for ultra-wealthy members of a private luxury development in Lakeside, the Flathead County commissioners on Feb. 3 unanimously approved a developer’s request for a variance to local lakeshore protection regulations, allowing the construction of a 159-foot dock and several dozen boat slips.

Submitted under the applicant name “Flathead Lake Land Partners, LLC,” the variance request comes from Discovery Land Company, the multi-national real estate development firm whose portfolio of deluxe private clubs in Montana includes Iron Horse Golf Club in Whitefish, the Yellowstone Club in Big Sky, and the Crazy Mountain Ranch in the Shields Valley.

Last year, Flathead County commissioners approved a preliminary plat for Discovery’s latest high-profile development in Lakeside, the Flathead Lake Club, including plans to build a 359-single-family-home subdivision on a hilly parcel west of U.S. Highway 93 in Lakeside. Additional plans for the property call for restaurants, a clubhouse, a spa, fitness areas, offices, retail stores, and other facilities, along with more than 860 acres of open space.

Discovery Land Company Vice President Jeremy Pfile told members of the Flathead County Planning Board last August that Flathead Lake Club members would also have access to a private marina with 36 boat slips, although that lakeshore construction permit request was separate from the preliminary plat application, having been approved by commissioners on April 24, 2025. The lakeshore permit authorizes construction of a commercial marina within the Lake and Lakeshore Protection Zone (LPZ) of Flathead Lake, including the construction of three new docks with a total of 36 slips, the construction of a concrete boat launch, a fuel station, a shoreside sewage facility, and the installation of a pathway and steps for access.

On Tuesday, Discovery requested a variance allowing developers to extend the marina’s dock 159 feet from the shoreline as opposed to the 100 feet allowed by the county’s lakeshore regulations.

“The length variance is needed to provide for adequate water depth for the inner row of proposed boat slips as well as safety for the public users,” according to the variance request submitted by Flathead Lake Land Partners on Jan. 5, which describes the project as the “Discovery Lakeside Public Marina.”

“The location for the marina is shallow even at full pool,” the variance request states. “And uncertainty about future fluctuating lake levels only increases the concern about water depth during the boating season.”

Flathead County Planning Director Erik Mack said commercial marinas are allowed to construct docks of up to 100 feet, but in this case Discovery “felt it was unsafe because it was so shallow,” which could damage boat propellers and make it difficult for boaters to maneuver in and out of their slips.

For some Lakeside residents and stakeholder groups, however, the “piecemeal” nature of Discovery’s permit applications, coupled with its request for a variance to Flathead County Lake and Lakeshore Regulations, belie the true scope of a development that has drawn intense public opposition since it was first rumored to be under consideration. Most recently, details of Discovery’s plans to construct a “public” marina has generated growing resistance from residents and water quality watchdog organizations who point to the developer’s own admission that the marina was intended for Flathead Lake Club members — a point articulated in the lakeshore construction permit.

“The boat launch will be gated and for use by the future adjoining condominium complex as well as a limited group of people beyond the extent of the condominium complex,” according to the lakeshore construction permit issued by Flathead County.

According to the Upper West Shore Alliance, a nonprofit group organized to ensure responsible development on Flathead Lake, the proposal deserves a higher level of environmental review that considers the sum of the development’s many parts, as well as a public hearing by the Flathead County Planning Board.

“Will this be public marina or a large commercial marina that is limited to private membership?” the Upper West Shore Alliance asked in its written comments to commissioners on Tuesday. “The [Lake and Lakeshore Protection Regulations] states that a marina facility in which use is specifically limited to an adjacent homeowners’ association is a private marina. The parcel the marina will be on, is approved for condos, making this a private marina and not a public marina as stated in the documents. The Flathead County Planning Board or any kind of public hearing would be the proper place for this to be determined.”

Representatives of Discovery Land Company did not return phone calls requesting comment in time for this article’s publication. Although the applicant for the lakeshore variance is listed as Kevin Lange, manager of Flathead Lake Land Partners, the phone number listed on the application belongs to Discovery Land Company’s vice president, Jeremy Pfile, while the Georgetown, Texas address matches the one used on application materials for the Flathead Lake Club submitted by “Flathead Friends, LLC.”

Residents also raised concerns about potential environmental impacts given the marina’s proximity to Stoner Creek, and questioned how Discovery’s request qualified as a “minor variance” as opposed to a “major variance,” which requires additional application materials, a higher standard of review and the preparation of an environmental impact statement at the applicant’s expense. Criteria and procedures for both minor and major variances are outlined in the Lake and Lakeshore Protection Regulations.

During an exchange with commissioners, planning staff attempted to explain the distinction.

“What is the defining factor on this request that would designate whether this is a major versus minor variance?” Flathead County Commissioner Randy Brodehl asked during Tuesday’s meeting.

“I don’t think there’s an actual guideline in the regulations of what constitutes minor versus major,” Mack said. “It’s up to the discretion of commissioners. It starts as a minor with us, and the commissioners can elevate it to major.”

Bruce Young, a Lakeside resident, urged the commissioners to “start over” and require Discovery to “reapply with all the facts in one place” as opposed to the “changing quicksand that they have submitted over the past year.”

“A minor variance at 159 feet? That’s insane. All the neighbors’ docks are 60 feet. Their original application and your original approval was flawed.”

Lakeside resident Rick Weaver cautioned the commissioners against setting a “dangerous precedent” by granting a variance to local lakeshore protection rules allowing the dock’s extension.

“I believe that would probably be the longest dock anywhere on the lake,” Weaver said. “I believe in private property rights but giving someone the option to extend their dock by 59 feet is just beyond the pale. If you do it, I’ll be the first person standing in line to extend our dock 59 feet, so where does it end?”

On Monday, the day before the commissioners granted the variance request, Chris Swanberg, a board member of the Flathead Lakers, photographed stacks of steel pilings at the site of the future marina, calling the “stockpiling” of construction materials in the Lakeshore Protection Zone a clear violation of the county regulations.

However, Mack, of the planning department, citing Section 2.5(O) of the Flathead County Lake and Lakeshore Protection Regulations, said “stockpiling brush, trees, vegetation, construction materials or debris” is allowed with an active permit. Because the original permit for the marina was issued on April 24, 2025, and is valid for one year, the stockpiling is allowed, Mack said.

Still, Mack said that a code compliance technician visited the site on Tuesday morning and “observed large pilings located within the Lake and Lakeshore Protection Zone and within 12 feet of the average high-water mark.”

“Following the site visit, our office contacted the applicant and confirmed that construction of the marina is scheduled to begin within the next two weeks, weather permitting,” Mack said in an email to the Beacon. “Based on this information, we have determined that the stockpiling of construction materials does not constitute a violation.”

In approving the variance on Tuesday, Commissioner Brodehl said that, despite “a lot of commotion over this subdivision, we are not allowed to make decisions based on emotions.”

“The criteria is based on existing state law and existing county policy. Is there anything here that is outside of state law or county policy?” Brodehl asked Mack during the meeting.

“No, I think it generally complies with the criteria for a variance,” Mack said.

According to Mack, the marina is classified as “commercial or public” because the developer is going to make some of the slips available to the general public.

“It is my understanding that they are going to rent slips out to people other than the [homeowners’ association] so that is why it’s classified as commercial and not a private marina,” Mack said.

“How would we tell whether they were renting them out to the public or not?” Brodehl asked.

“We do a follow up every year to make sure they are in compliance,” Mack said. “We make sure they’ve met the conditions of their permit and make sure it’s not commercial and not private.”

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