As Flathead County Planning and Zoning works to update lake and lakeshore protection regulations, some residents are calling for more specific definitions in the governing document.  

The Flathead County Planning Board held a workshop July 15 to review the policies and procedures portion of a draft of updated regulations.  

The highlighted changes are based off Senate Bill 168, a 2025 law amending the Lakeshore Protection Act of 1976, as well as comments received at a public workshop held in January.  

The new law requires that violations are enforced within three years.  

Minor ongoing maintenance or modifications to structures like boat ramps and docks are also exempt from review unless they involve significant excavation, dredging, infill, or interferences with aquatic life and recreation. Minor is defined as changes under $10,000 over a five-year period.  

The draft regulations also include a clause on the mean annual high-water elevation, which requires five years of data. The draft says that when data is unavailable, the wrack line – the visual deposit of natural material reflecting the high-water mark – is used. 

While the wrack line was criticized by public commenters, Flathead County Planning and Zoning Director Erik Mack pointed out that the vast majority of lakes in the county do not have elevation information. 

The county also added a definition of “deviations” to the draft.  

Deviations address “the diversity of lakeshore conditions across multiple lakes,” according to the draft regulations. Allowing deviations allows the county to address site-specific constraints, the regulations state.  

“We have a lot of different lakes,” Mack explained. “But we have one-size-fits all regulations.”  

The law also does not distinguish between minor and major variances, Mack said. 

In public comment, many people took issue with ambiguities in the document.  

Some argued for strictly defined regulations with more “teeth” and higher fines. Others said more parameters could be a deterrence to property rights and lead to a waste of limited resources. Others said what was needed was more regulation for major items and less regulation for minor items. 

Lakeside resident Kate Droll challenged “deviations.” 

“A deviation is a variance in legal effect,” she said. 

Droll pointed out that an environmental impact statement is required at the applicant’s expense before a variance is given, along with a notice to residents and a public hearing. 

Tom Ritzdorf, Ashley Lake resident and vice chair of the lake’s advisory committee, said that Bitterroot Lake, Ashley Lake and Whitefish Lake all have “scars.”  

Ritzdorf took issue with the county’s approval of 5,800 square feet of dredging along the shoreline of Ashley Lake. The regulations allow 500 square feet.  

Ritzdorf said that “people who care” on lakeshore advisory committees across the county are offering to take a closer look at permit applications.  

Kalispell lawyer Don Murray said the regulations are already “quite good.”  

“We have the tools,” he said. “What we don’t have is the resolve and the resources.” 

Murray said the lack of resolve comes from people not getting a say.  

“That’s when you get a chance to weed out projects that shouldn’t happen,” he said.  

Murray said that, per the Lakeshore Protection Act of 1976, items deemed impactful by the county are to be seen before the Planning Board, where the public can weigh in.  

But according to Murray, that doesn’t happen.  

Murray pointed to the county’s approval of a commercial marina permit and a minor variance request for a 150-foot dock in Lakeside this spring. The county was subsequently sued by Citizens for a Better Flathead. 

“The reality is the county never sends permit applications to the Planning Board,” he said. “That defies the act.” 

Even then, if the Planning Board did receive a permit for review, that’s where the lack of resources comes into play, Murray said. 

There are 269 named lakes and reservoirs in Flathead County, and at least 59 lakes that are 20 acres or larger that are governed by the regulations.  

It was suggested, with positive reception from county staff, to change permit terms in the regulations to 24 months rather than 12, eliminating the need for constant renewal. 

A new county planning and zoning code technician, Sharon Cornett, started Monday, joining the director and one other technician. A new county planner, Ella Jordan, is starting next week.  

The Planning Board expects to have another workshop on erosion control in September.  

Editor Kelsey Evans can be reached at 406-862-3505 or [email protected]. If you value local journalism, pledge your support at whitefishpilot.com/support.