Citizens for a Better Flathead is suing the Flathead County commissioners, arguing that allowing development to continue at a property on Whitefish Lake violates the state Lakeshore Protection and the Public Participation in Government acts, as well as Montanans’ rights to a clean and healthy environment.  

The lawsuit filed in Flathead County District Court involves the county’s approval of an after-the-fact permit at 776 Beach Lane, located near Lion Mountain in Whitefish Lake’s Beaver Bay.  

Construction at the property caused a landslide into the lake in May 2024. The work occurred outside of the county's Lake and Lakeshore Protection Zone, but blasting sent debris sliding into the water and protected areas.  

A stop work order was issued temporarily, and construction resumed four to six months later after evaluation by the county and other agencies, including the state Department of Natural Resources and Conservation and the U.S. Army Corps of Engineers. Alleged lakeshore and floodplain violations remain open.   

Prior to the landslide, a Lake and Lakeshore Protection Regulation violation occurred on the property in the spring of 2023 when trees were removed without a permit. An after-the-fact permit was granted for the work in August 2023. The permit included initial approval for the placement of stone steps, gravel and rip rap on the beach. An amendment to the permit was granted on Jan. 6, 2026, which allowed for the material of the stairs to be changed to a mix of stone and concrete.  

Following public complaints about the beach’s construction, county planners conducted a site visit in October 2025 and deemed the steps in compliance.  

In October 2025, Citizens for a Better Flathead filed an administrative appeal regarding the work on the beach, which the county denied. A response from the Flathead County’s Attorney’s Office said, "Section 5.2 [of the Lake and Lakeshore Protection Regulations] contains no right of appeal and imposes no mandatory duty to initiate enforcement in any particular instance." 

In January, the group filed another administrative appeal regarding after-the-fact permitting processes at the property, which was also denied. The county’s response said that it did not fall within the scope of decisions that may be appealed through the Planning and Zoning Department, and that any appeal would need to be filed through Flathead County District Court. 

Citizens for a Better Flathead’s lawsuit argues that the two denials are violations of their constitutional right to participate in government. 

The suit argues that the county is acting unlawfully by issuing after-the-fact permits, including at the Whitefish property.  

The suit demands that the Jan. 6 permit amendment be voided, representing an end to “the county’s practice of granting retroactive permits.” The suit demands the “right to review and comment on projects before they're approved” and seeks relief through rigorous mandatory remediation. 

"The Flathead County commissioners have a clear duty to protect and conserve our lakes' natural character for both current and future generations, and to preserve their scenic values,” said Mayre Flowers, executive director of Citizens for a Better Flathead. "When the county repeatedly turns a blind eye to enforcing its own laws, it sends a message to every developer that they can buy their way out of compliance." 

The suit also seeks the restoration of the Whitefish property under the enforcement of the Lakeshore Protection Act.  

THE LAWSUIT follows one filed by the group last month against a forthcoming Lakeside resort, challenging the commissioners’ approval of a commercial marina permit in April 2025 and a Feb. 3 approval of a minor variance request to extend its dock to 159 feet. 

The group also points to its 2025 suit against the Montana Department of Environmental Quality over its approval of a groundwater injection permit for the Lakeside County Water and Sewer District, and to its ongoing opposition to the resolution adopted by commissioners this month allowing gravity-fed septic drain fields, as examples of its wide-ranging fight to preserve water quality in the valley.  

In January, the Flathead County Planning Board held a workshop to inform updates to the Lake and Lakeshore Protection Regulations. Board members and county planning staff were receptive to the many public comments, but raised concerns with the resources that would be required to bolster enforcement. 

Director of Planning and Zoning Erik Mack said that the county has just two code compliance technicians, and Planning Board Chair Jeff Larsen said that the board does not have the time to review every permit beforehand.  

Several people in attendance recommended the county form a lakeshore advisory committee to review permits.  

Another workshop on the regulations is scheduled for July 8, after the regularly scheduled Planning Board meeting at 6 p.m. at 40 11th St. W. in Kalispell.

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