Commissioners approve multiple Flathead Lake shoreline permits after public concern over stormwater for Redfield culvert work

Mary Flowers of Citizens for a Better Flathead opened public comment at the March 10 meeting, saying her group has filed suit challenging how the county approves lakeshore permits and asking the commissioners to table agenda items until public-participation concerns are addressed. “We do not believe [the items on your agenda] are in compliance with the public participation guarantees,” Flowers said.

Maureen Redfield, who gave her Lakeside address at the meeting, asked the board to table a permit for work at the Redfield property to ensure Lakeshore regulations are met and that any stormwater or floodplain requirements are satisfied before work begins.

Planning and Zoning staff described several lakeshore items on the agenda and answered commissioner questions. Kayla Mesterly summarized the Redfield application as a request by Flathead County Road and Bridge to use heavy equipment within the lake and lakeshore protection zone to replace failing culverts along Lakeside Boulevard. The proposal includes removal of failing culverts and installation of a new culvert, with limited outlet work in the lakeshore protection zone and use of an excavator and related roadway construction machinery. Mesterly said the disturbance would be limited to the minimum area necessary and all debris would be removed.

Commissioners pressed staff on whether other permits are required before issuing a lakeshore permit. Eric Mack, planning and zoning, said a stormwater discharge permit typically becomes required when more than one acre is disturbed and that, to his knowledge, the Redfield project disturbs less than an acre. Mack also said lakeshore permits do not follow the same sequence as floodplain permits and that applicants are responsible for obtaining any other local, state or federal permits that may be required.

Dave Brunte, representing Road and Bridge, said the department hired a consultant (Robert Pesch & Associates) to prepare the permit application and determine necessary permits. The consultant and Road and Bridge concluded the lakeshore permit was the only permit required for this scope of work because the disturbance is under one acre and the project will use best-management practices, including erosion controls and site seeding after construction.

Despite public requests to table the Redfield item, the board voted to approve the lakeshore permit for Redfield and approved several other lakeshore permits and amendments that were on the agenda, including an extension for the Swenson island dock project and amendments for Whitefish Hills HOA and Smith. Planning staff also presented and the board approved permits for Hinsel Family Living Trust, Ponderosa Investments LLC and Acorn Trust.

The board’s approvals were motions recorded during the meeting; staff noted that applicants must still obtain any necessary permits from other agencies if later determined to be required.