County takes over planning in 'doughnut'

Control of Whitefish’s planning “doughnut” now is officially in the hands of Flathead County.

Flathead County Commissioners denied last week an offer from Whitefish to assist with the transition from city to county control of the two-mile planning area around the city. They also passed on continuing a city-county planning board, and will allow Whitefish to create a city planning board.

The Montana Supreme Court in July ruled in favor of the county in the long-running doughnut dispute, thus giving the county jurisdiction of the area. The court decision determined the 2010 interlocal agreement between the city and county was not subject to referendum and therefore had been legally terminated by the county.

The city sent formal notice last month to the county of its intention to form a city planning board. It also offered to assist with the transition of jurisdiction through an agreement allowing the city to have control of the area in the short-term.

The commissioners addressed the issue in an Aug. 6 letter to the city, saying it would not enter into such an agreement and it is ready to immediately resume control given the “vacuum of governance” over the doughnut.

“The City of Whitefish’s offer of aid in the gradual transition of jurisdiction to Flathead County is greatly appreciated; however given the City’s denial to exercise jurisdiction and the prompt need to serve the citizenry within the extraterritorial area, the County has no option, but to begin administering immediate control over the [doughnut].”

According to Flathead County Planning Director B.J. Grieve, commissioners wanted to make sure residents of the former doughnut area have an office to go to for land use matters.

“As you can imagine, we’re working on sorting out lots of details right now and will continue to do so for a while,” Grieve said. “Please be patient with us as we begin administering about 30 square miles of additional jurisdiction with nearly 3,000 additional residents.”

The city had hoped the county would continue the city-county planning board. Mayor John Muhlfeld previously said the city was ready to sit down with commissioners to discuss the matter.