Whitefish helicopter ban draws scrutiny
Whitefish’s ban on private helicopters landing or taking off inside residential neighborhoods drew scrutiny last week when City Council approved the second reading of an ordinance on the matter.
Although the formal public hearing had previously closed, several residents commented on the issue at council’s Dec. 1 meeting.
Ken Stein, who serves on the City Planning Board, said the landing of helicopters has only occurred a few times in the city and isn’t much of a problem. He said the issue needed more research
“The occurrence of landing helicopters is really rare,” he said. “It seems like there’s more pressing issues to attend to that affect more taxpayers.”
Mike Jenson, who originally complained to council about a helicopter landing in his neighborhood, encouraged passage of the ordinance.
The code amendment restricts heliports and helipads as a conditional use in agricultural areas only.
At its Nov. 17 meeting, council also asked a provision be added that states manned helicopters are strictly prohibited from landing and taking off in residential areas outside of approved heliports or helipads — essentially banning helicopters from landing in town.
Some felt more public comment should be taken because of the last-minute change and that the item should be taken off the council’s consent agenda. However, council declined to do so, approving the item unanimously.
Chris Hyatt told council that the issue is important enough that more time should have been given for public comment. He noted that the original change didn’t include an outright ban of aircraft.
“There needs to be public comment,” he said. “Notice was not given to the public about the changes that were added on Nov. 17. Going forward now is questionable to our community.”
Hyatt noted the planning staff report only addressed the added provision prohibiting helicopters in the background information and was not presented as a potential change to the ordinance.
He suggested more time be given to find alternatives, which might include guidelines for operation.
“If you prohibit manned helicopters — that is forever,” he said. “There is no turning back. I ask you to send this back to the planning board.”
Joe Gregory, who owns the Krummholz Lodge property in Whitefish, addressed the issue through a letter to council. A helicopter that landed on his Dakota Avenue property in August drew complaints about noise from neighbors.
“Historically, I have used my property for helicopter landings and takeoffs on a very limited basis,” he said. “In addition to the helicopter trip this past August, we typically make several takeoffs and landings per year and have done this since I have owned the property.”
Gregory asked for more time on the issue for public comments and the possibility to create regulations that would allow helicopters to land in the city.
“While I do not disagree that some regulation of helicopters might be appropriate, there are several ways to address the issue of helicopter noise that might still permit acceptable use of manned helicopters in the city,” he said.
Gregory suggested flight paths that go over non-populated areas, using steep ascents and descents when taking off and landing, flights after 8 a.m. and before 6 p.m., and that pilots turn rotors off shortly after landing and only starting them shortly before taking off.
Jan Metzmaker urged the council to leave the item on the consent agenda and pass the ordinance.
“I hope you don’t pull it,” she said. “I think the procedure was followed and had a fair hearing.”
Mayor John Muhlfeld asked if the proper procedure was followed during the hearing process.
“I asked if the changes made (at the Nov. 17 meeting) were substantive enough to renotice the public hearing,” he said.
City attorney Mary VanBuskirk indicated that the proper process had in fact been followed. Public notice was given for public hearings on the proposed change for the planning board and city council meetings, she noted.
“All we need to do is give notice in relation to the proposed change,” she said.