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Disputed boat launch reopens

Jim Mann | Hagadone News Network | UPDATED 11 years, 3 months AGO
by Jim Mann
| July 30, 2013 10:00 PM

A boat launch that has been mired in litigation over the last three years was reopened Tuesday after the Flathead County Planning Department provided the final court-ordered ingredient, a flood-plain permit.

Jed Fisher, director of the county parks and recreation department, said the permit was issued Tuesday morning and after consulting with the county commissioners and the county attorney, the launch was reopened at around 2 p.m.

A Jersey barrier that had been blocking the boat ramp was removed, along with court-ordered closure signs.

“It’s a good day,” Fisher said. “The park is mowed and the picnic tables are in place and it’s ready to be used.”

The ramp was built in spring 2010 but closed just weeks later because of a lawsuit filled by Dennis Carver, a developer who lives next to the launch site.

In 2007, Carver convinced the county commissioners to abandon Wagner Lane, an old road that paralleled the slough and provided public access to the water for decades.

But to get the abandonment, Carver agreed to provide a park-land donation with no deed restrictions for a boat launch on the river. Carver was able to create several waterfront lots on the slough that were considerably more valuable with the removal of Wagner Lane.

Soon after the access was built, Carver filed a lawsuit in May 2010 that claimed he had agreed to a low-profile access where people could hand-carry watercraft to the riverbank, as opposed to a ramp where boats could be launched with vehicles and trailers.

Over the last year in Flathead County District Court, Carver lost all of his litigation claims other than the court ruling that Montana Fish, Wildlife and Parks go through a supplemental environmental assessment for a 124 permit, and a ruling that the planning department conduct a more thorough flood-plain permit review.

The supplemental environmental analysis was up for public review from June 3 to July 4. About 150 comments were submitted, the vast majority of them supporting an access that would accommodate boats and trailers, which was the type of facility that ultimately was approved in the 124 permit.

Fisher said when funding becomes available he hopes to install a vault toilet at the site to replace the portable toilet that is currently there. He urges users to pick up after themselves and respect neighboring landowners.

“We need to be good neighbors to all the people who live nearby down there,” he said. “Our users need to be cognizant of their surroundings. Pack it in and pack it out.”

Reporter Jim Mann may be reached at 758-4407 or by email at jmann@dailyinterlake.com.

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