Whitefish asks county to continue joint lakeshore committee

Whitefish has decided to “extend an olive branch” and ask Flathead County to continue with its participation in the City-County Lake and Lakeshore Protection Committee.

The joint board that advises the county and city on activities on Whitefish Lake is in jeopardy after a recent Montana Supreme Court decision gave the county jurisdiction over Whitefish’s two-mile planning doughnut. The court decision determined a 2010 interlocal agreement between the city and county had been legally terminated by the county.

“The Lakeshore Protection Committee has been put into a non-existent limbo status,” Whitefish Planning Director Dave Taylor said. 

Without an interlocal agreement between the city and county, the joint lakeshore committee can’t exist, Taylor explained.

He told council the best option would be to continue the joint lakeshore committee.

“But that’s going to take cooperation from the county and some sort of a new interlocal agreement to facilitate that.”

“If they choose not to continue the committee, it puts us in an awkward situation,” he added.

Whitefish continues to have jurisdiction of the lake itself, but many properties along the lakeshore are in the county.

“One of the most important matters is that the regulations be consistent between properties inside and outside of city limits,” Taylor said. “Hopefully the commissioners will be amenable to having a set of regulations that are the same so property owners next door to each other aren’t playing on different playing fields.”

Currently, lakeshore issues for properties in the city are bypassing the joint board and going straight to council. The city could choose to create its own lakeshore committee or it could have the newly created City Planning Board deal with lakeshore issues for properties within city limits.

The county currently is dealing with lakeshore permits from county residents, and is following a form of Whitefish’s lake regulations from 2004, Taylor said.

During public comment, former lakeshore committee chair Jim Stack encouraged council to work to continue the joint board.

“Let’s extend that olive branch and get the city and county working together,” he said.

He notes that during his tenure as chairman, not a single recommendation for permit approval or denial was overridden by either the county commissioners or city council.  

“That clearly reflects the high level of trust and respect that both governing bodies had for this impartial committee,” he said.

“It would seem nonsensical to suddenly throw decades of mutual cooperation in one of the most important areas of public interest  — water quality — out the window,” he added.

Councilor Andy Feury agreed.

“I encourage us to work with the county the best we can and let them understand it’s in both of our best interests to continue that relationship,” he said.

Flathead County Commissioners are to consider the matter at their next meeting set for Sept. 9.