A property owner along Echo Lake is suing the Flathead County Board of Adjustment over its decision to approve a conditional use permit for a business that offers kayak tours from a private residence on Peterson Lake.

Rowland and Jaimie Day, who own property along Echo Bay Trail, allege in the lawsuit that the permit approval will lead to more traffic on the narrow private road, increased vehicle conflicts, trespassing, noise and "interference with the use and enjoyment of their property." The lawsuit argues that the board's approval of the permit is illegal because the application failed to address concerns brought forth by other agencies and the public. 

Rocky Mountain Glass Kayaks offers guided sunset tours in LED-illuminated kayaks and operates tours throughout the Flathead Valley, including on Whitefish River and in Somers Bay. The company has guided kayakers through the string of lakes that includes Echo Lake, Peterson Lake and Abbott Lake since 2025, although it only applied for a conditional use permit this year.  

Property owner Maray Brinhurst previously told the county that the tour company received no complaints until the county sent letters to the adjoining property owners.   

In August, the Board of Adjustment voted unanimously to allow guided sunset kayak tours to depart from the private residence on Peterson Lake. The 83-acre property off of Echo Bay Trail is zoned for agricultural use and requires a conditional use permit for use as a recreational facility. 

The approval contradicted the Bigfork Land Use Advisory Committee's recommendation to deny the permit. In a 5-2 vote, the committee sided with the more than 25 community members who attended the meeting to protest the guided tours due to concerns about traffic on Echo Bay Trail and noise on the lakes.  

The committee only acts in an advisory capacity, relaying public sentiment to the county for its consideration in the decision-making process.  

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

The lawsuit alleges that the application fails to resolve the issues raised during the public hearing process.  

"The record identifies a substandard-width road, increased commercial traffic, and material fire and evacuation concerns, yet contains no reasoned analysis showing how a single pullout or the other conditions will resolve those impacts," the petitioners wrote.  

Creston Fire Department expressed concerns about increased traffic on the winding, private road. Echo Bay Trail is narrower than the 20 feet specified by county zoning regulations for two-way travel and passes through areas considered at-risk for wildfires.  

"The roadway now 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.   

In response, the board instructed the property owner to construct a gravel pullout to accommodate two-way traffic and comply with fire suppression efforts as directed by the Creston Fire Department. The lawsuit argues that this measure is insufficient, pointing to the fact that no traffic study was completed to show how the pullout would mitigate the issue.  

"The application described the access road as asphalt, stated that there was ample flat area for parking, and asserted that one tour per day would limit traffic. It included no traffic study, measured analysis of the shared road, final emergency-access plan, final sanitation approval, or dimensional parking and circulation plan," the petitioners wrote. 

Additionally, the lawsuit pointed to issues of sanitation. The Flathead County Environmental Health Department did not recommend approval of the conditional use permit on the grounds that the proposed portable toilets were not acceptable. The decision by the board did not direct the property owners to address this concern from the Environmental Health Department.  

While many residents were primarily concerned about the potential for noise and distracting lights from the tours, the Board of Adjustment has no say over whether the tours ultimately take place. There is a public dock on Echo Lake, so even if the board denied the company's request to operate from the private property, the company could still launch its tours from the public dock. Echo Lake, Peterson Lake and Abbott Lake are connected bodies of water and would all be accessible via the public dock.  

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.