Citizens for a Better Flathead filed suit last month against Flathead County over the recent approval of 22 different lakeshore permits. The suit alleges the approvals were unlawful and demands a more transparent and publicly involved process for future projects.  

The verified complaint filed Aug. 6 challenges the county's approval of 22 lakeshore construction permits across seven lakes — Echo, Whitefish, Ashley, Flathead, Lake Blaine, Foy's and McGregor — at commissioner meetings in July.  

It is the third lawsuit brought on by the watchdog group regarding lake and lakeshore protection regulations this year. 

The new suit alleges that the county violated Montana's Lake and Lakeshore Protection Act and the county's aligned Lake and Lakeshore Protection Regulations by forgoing public notice and bypassing Planning Board reviews.  

The county has processed 543 lakeshore permits since 2021, the suit says. The Planning Board has reviewed six, all on Lake Five. In that same time, three of 24 lakeshore variance applications were further reviewed.  

Of the 22 permits approved by commissioners in July and mentioned in the suit, two were on Whitefish Lake.  

One was for the removal of two trees. The trees were purportedly to be removed for wildfire insurance purposes, however no documentation was submitted, and neither tree was dead nor dying, the suit said. 

The suit alleges another approved permit on Whitefish Lake was inconsistent. According to the suit, the commissioners’ agenda for its approval described the project as removing stairs and replacing them with a ramp, while the application itself described stone steps with a handrail.  

One permit on Ashley Lake authorizes redistribution of gravel for 2,100 square feet, but according to the suit, the site plan does not detail how far the gravel will extend, and photographs provided showed cattails indicative of wetlands.  

One permit on Foys Lake was an after-the-fact permit, the suit says. According to the suit, a 424 square-foot floating dock and gangway occupied the lakeshore protection zone for approximately two and a half months before a permit was issued.  

After-the-fact permits are the target of a prior Citizens for a Better Flathead suit regarding a build on Whitefish Lake that came to the public's attention when a landslide blasted material into the lake in May 2024.  

That case is currently pending before District Judge Danni Coffman. 

The new August 2026 case has been assigned to District Judge Dan Wilson, the same judge presiding over the citizen group's separate lawsuit which challenged the approval of a commercial marina and 159-foot dock variance in Lakeside. In March, Wilson halted construction after finding the minor variance request was granted in violation of the Lakeshore Protection Act.  

During Planning Board public workshops held this year on possible revisions to the county's Lake and Lakeshore Protection Regulations, some public commenters questioned minor versus major variances.  

According to the regulations, minor variances may be granted when the governing body determines that stricter enforcement would cause undue hardship, there are no reasonable alternatives within the standards, or that granting the variance will not have adverse impacts.  

Alternatively, a request should be deemed major when there is a substantial deviation or major environmental impact.  

Major variances require an environmental impact statement, review by the Planning Board and a public hearing. 

The August lawsuit's requests for relief include a declaration of a procedure that the county must follow moving forward, including Planning Board review, findings of fact and public comment.  

"This is now our third lawsuit against the county in six months, and each one has uncovered the same thing: a Planning Board that's been sidelined, a public that's been shut out, and a permitting system that rubber-stamps first and asks questions never," said Mayre Flowers, co-executive director of Citizens for a Better Flathead. "We're asking the Court to restore a lawful, transparent permitting process." 

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.

    Whitefish Lake viewed from Holbrook Overlook on Big Mountain on Sept. 17. (Kelsey Evans/Whitefish Pilot)