Local Watchdog Group Looks to Block Flathead County’s Approval of Lakeside Marina and Dock Variance
A hearing on Citizen for a Better Flathead’s motion for a preliminary injunction is set for March 12
By Zoë Buhrmaster
A local watchdog group is challengingFlathead County’s approval of a 159-foot dock variance for Lakeside Marina, citing concerns around public participation laws and environmental protections on Flathead Lake. Citizens for a Better Flathead (CBF) filed the lawsuit Monday.
Flathead County commissioners unanimously approved the variance on Feb. 3 to allow construction of a commercial dock inside the Lake and Lakeshore Protection Zone of Flathead Lake.
The variance’s applicant, “Flathead Lake Land Partners, LLC,” is part of the Discovery Land Company, an international real estate development firm with several private clubs in Montana including in Whitefish, Big Sky and Shields Valley. Flathead County commissioners approved a preliminary plat last year for Discovery’s latest development, the Flathead Lake Club in Lakeside, and a permit to construct a marina.
The variance commissioners approved on Feb. 3 allows the marina’s dock to stretch to 159 feet, 59 feet beyond the county’s lakeshore regulations of 100 feet from the shore.
In court documents, CBF alleges that the county commissioners did not follow proper procedure when granting a permit for the marina, approved in April last year. The lawsuit also claims the commission improperly approved the dock variance by failing to “ensure meaningful public participations opportunities, including adequate notice to the interested public and a public hearing.”
CBF also asserts that the county should have required an environmental impact statement, citing the marina’s proximity to Stoner Creek, a known spawning and foraging sight for native bull trout. Environmental impact statements, paid for by an applicant, are a requirement under the Montana Lakeshore Protection Act for all variances, while the county regulations draw a distinction between “major” and “minor” variances.
According to the county’s lakeshore regulations, a “major” variance is defined as deviating “substantially” from construction standards, creating “a major environmental impact.”
During the Feb. 3 meeting, commissioners and planning board staff discussed labeling the 159-foot dock variance as “minor.” Planning staff said variances can be elevated to a “major” at the “discretion of commissioners.” The commissioners, however, kept the request as a “minor” variance.
CBF requested a temporary restraining order to immediately pause any construction activities along the lakeshore, which Flathead County District Court Judge Dan Wilson denied on Feb. 24. A hearing on CBF’s motion for a preliminary injunction is scheduled in front of Wilson on March 12.
“This lawsuit is about more than just one dock,” CBF Executive Director Mayre Flowers said in a prepared statement. “It is about a county government that has abandoned the rule of law and the public’s right to have a say in the future of our valued lakes and resources. By cutting corners and ignoring statutory requirements, the county has authorized a project that puts the health of Flathead Lake at risk and continues to follow a dangerous pattern of flawed decision-making that not only violates the law, but is also harming our communities, water resources, and lakeshores.”