A new development adjacent to Whitefish's Veterans Memorial Bridge is slated to be a three-unit townhome after undergoing an atypical permitting process.  

The developing building is on the west bank of the Whitefish River across from Kay Beller Park at 1 W. Second St. 

The project is part of a larger planned unit development that was originally approved in 2004 with the subdivision approval granted in August 2006. The property owner of the 1.3-acre river-adjacent lot is Fifth Avenue Partners, LLC of Tallahassee, Florida. 

Whitefish city code designates a 20-foot setback along the Whitefish River. There is also a buffer zone of 75 feet or the top of the bank, whichever is greater.

However, according to city of Whitefish planners, the project was exempt from the city's water quality protection requirements because the lot was created during a specific approval window, dated April 3, 2006 to March 3, 2008. 

While exempt from the city's water quality protection, the developers were required to obtain a 310 permit from the Flathead Conservation District. 

The Montana Natural Streambed and Land Preservation Act of 1975 mandates 310 permits with the intention of protecting streams and rivers and the lands adjacent. The law requires any entity proposing work in or near a perennial stream to apply for a 310 permit through their local conservation district. Permits are assessed on the ground by district supervisors and Montana Fish, Wildlife and Parks staff. 

A 2017 permit was denied. The Fish, Wildlife and Parks evaluator stated, "This property was purchased by a developer who did not know home construction on streambanks was prohibited. While there is no suitable building site on this property, a reasonable compromise would be to move the structure to the property boundary 15 feet to the west." 

Earlier this year, the landowner retained the firm TD&H Engineering and redesigned the project.  

The new design is expected to provide separation from the immediate bank with a minimum setback of 7.7 feet at the lowest point. The design is also expected to use controlled fill to provide a defined, stable bank. 

With the redesign, the firm stated that the project would actually have a positive impact on the stability of the slope, relative to its preexisting condition.  

This is because the preexisting bank was unstable and possibly filled with contaminated materials. The project site was heavily impacted in 2013 when the bridge over the Whitefish River was replaced. While the bridge was under construction, the temporary bridge was routed through this parcel. Thereafter, it was essentially a loose bank with invasive weeds. 

The developer's new 310 permit was approved as a "deviation" from Flathead Conservation District rules – justified by the fact that the developers were to replace the unstable bank, according to public documents.  

A modification by the conservation district also required an expanded revegetation plan to include woody native species that will stabilize the bank, alongside an integrated irrigation plan to support establishment and survival.  

The developers were required to consult with a professional specializing in bank revegetation and restoration to carry this out. 

Local firm Alpine Geotechnical provided an extensive restoration plan. Alpine Geotechnical's Cliff Clark said that their geotechnical investigation was thorough and that the conditions of the site are unique. He confirmed that after restoration, the bank will be more stable.