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County still studying lakeshore rule changes

Lynnette Hintze / Daily Inter Lake | Hagadone News Network | UPDATED 8 years, 3 months AGO
by Lynnette Hintze / Daily Inter Lake
| July 21, 2016 7:45 AM

The Flathead County commissioners spent well over an hour on Monday fine-tuning proposed changes to county lakeshore regulations, but delayed a decision on the regulation overhaul that has been in the works for two years.

They will continue discussion and possibly vote on the regulation changes at 11 a.m. July 25.

Flathead County has been working on an update of county lakeshore regulations since the Montana Supreme Court ceded planning control of the area around Whitefish to the county in 2014. As the county worked to put county zoning in place in the Whitefish “doughnut,” the process also involved integrating Whitefish and Lost Coon lakes into county regulations.

Whitefish Planning Director David Taylor voiced concerns about proposed language that would exclude docks or other items outside the county’s jurisdiction — below mean low water in Whitefish’s jurisdiction — from counting toward constructed area for county lakeshore properties.

Taylor said not counting the constructed area of docks below the mean low water mark would effectively double the amount of constructed area county residents can have in the Whitefish Lake lakeshore protection zone, which could have a disastrous effect on water quality.

For now, the commissioners appear to be staying the course on the dock regulations.

One significant proposed change requires all decks to be on-grade and limited to no more than 200 square feet in size within the lakeshore protection zone. Previously decks could be 800 to 1,000 square feet, depending on how much lakeshore footage a property owner had.

Other new standards include limiting the width of a stairway to four feet, and exempting decks, patios, walkways and stairways flush with the adjacent natural grade from general setback requirement standards.

After a lengthy discussion about nonconforming structures, the commissioners decided to delete all the existing language in the regulations about such structures and replace it with a three-part directive.

First, there may be a change in ownership or management of an existing nonconforming building, provided there is no change in the nature or character of the nonconforming use. Second, a nonconforming building may be maintained, repaired or replaced as long as dimension, location and historical use remain the same. A permit will be required. And finally, existing dwelling units in the lakeshore protection zone may be remodeled and maintained in accordance with county design standards for the lakeshore protection zone.

The revamped lakeshore regulations will be available on the county website once the commissioners adopt them.


Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com

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