The Flathead County Board of Adjustment on Aug. 4 voted unanimously to grant a conditional use permit to the Rocky Mountain Glass Kayak Company for guided sunset kayak tours launching from a private residence on Peterson Lake, despite opposition from other residents on the lake.

The company advertises a sunset "paddle through crystal clear waterways surrounded by untouched forest, creating the perfect mix of adventure and relaxation."  

Residents fear the tours will cause undesirable traffic on roads and noise on the secluded lakes outside of Bigfork.  

The kayak company guides sunset tours in LED-illuminated kayaks throughout the Flathead Valley, including on the Whitefish River and Somers Bay, and has run tours on Echo Lake, Peterson Lake and Abbott Lake since last year.  

The 83-acre property on Echo Bay Trail from which the tours depart is zoned for agricultural use, requiring approval of a conditional use permit for use as a recreational facility. 

While residents on the three lakes expressed concerns about noise levels, safety and traffic, the board ultimately decided to vote in agreement with the staff report that was supportive of the request. 

The board's decision centered on whether to allow the kayak tours to depart from privately owned property, not the kayak tours themselves. Even if the board voted down the conditional use permit, there is a public dock on Echo Lake that the company could use without a permit.  

Under the permit, Rocky Mountain Glass Kayaks will be allowed to operate six tours per week, with one tour per day, between June and September. The tours will be limited to a maximum of 16 participants and one guide. The tours will be required to end by 10:30 p.m. 

In addition, the property owner is required to construct a gravel pullout on Echo Bay Trail to accommodate two-way traffic and comply with fire suppression efforts as directed by the Creston Fire Department.  

Nearby residents also expressed their discontent at a recent Bigfork Land Use Advisory Committee meeting that committee member Shelley Anderson described as "lively" and drew more than 25 members of the public. 

After hearing public comments, as well as recommendations from the Creston Fire Department, the committee members voted 5-2 to recommend that the Board of Adjustment deny the conditional use permit. 

The committee voted to amend several of the conditions of approval, including moving the beginning of the season from May to June and decreasing the number of participants from 20 to 14. The Board of Adjustment took these recommendations under consideration and established a season from June to September and capped tours at 16. 

The Creston Fire Department expressed concerns about increased traffic on the private, one-way Echo Bay Trail, noted the lack of signs and that the property is within a wildfire urban interface. 

"The roadway not known as Echo Bay Trail (formerly known as Balterra) was not designed for commercial traffic, either in design or number of vehicles. This is a concern as this is a rural area where increased traffic will potentially bring increased traffic incidents, especially considering that these drivers will be unacquainted with the area," the department wrote in a comment to the Board of Adjustment.  

Richard Battinz expressed concerns that because the lakes are surrounded by private property, in the case of an emergency, the tour would have to trespass to get a person off the lake. He also worried that if the permit is approved, others will follow in what is currently a quiet residential area.  

Residents repeatedly mentioned fears related to property break-ins, noise, the environmental impact, alcohol use, decreasing property value and distracting lights at night. 

Linda Smith said she is in opposition because she is "frightened," especially about increased traffic in case of an emergency or a wildfire.  

Patty Fisher said she found the kayaks in front of her house on Abbott Lake every night "disturbing." 

In response, property owner Maray Bringhurst said that the tours have been operating for the last year-and-a-half with no complaints until the county sent letters to the adjoining property owners. Bringhurst reassured residents that the tour guides do not give out information about private residences and reiterated that if the tours did not launch from Echo Bay Trail, they could still depart from the public dock on Echo Lake without a permit. 

Reporter Elsa Ericksen can be reached at 406-758-4459 or [email protected]. If you value local journalism, pledge your support at dailyinterlake.com/support.