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Commissioners approve multiple lakeshore permits and grant MDT minor variance for Spencer Lake work
Summary
Flathead County authorized several lakeshore permits on Little Bitterroot, Whitefish and Flathead lakes and approved a minor variance for Montana Department of Transportation to place limited clean road fill at four locations on Spencer Lake.
Flathead County commissioners approved a series of lakeshore permits for private property work and granted a minor variance for a Montana Department of Transportation (MDT) highway reconstruction project affecting Spencer Lake.
Permits approved included a Lakeshore Permit (FLP-24-91) for William Henry Belk III on Little Bitterroot Lake to redistribute about 100 cubic yards of washed-in gravel and add about 50 cubic yards of washed gravel to create an accessible path; FLP-25-01 for Robbie Matter on Whitefish Lake to construct a retaining wall, expand a flagstone patio and bury landscaping wiring to address erosion; FLP-24-092 for John Morrison on Flathead Lake to replace a nonconforming crib dock with an L dock and boat lift within existing coverage limits; and FLP-25-06 for Jared Bukowski on Flathead Lake to install baffle boards on an existing breakwater.
Planning staff presented a more detailed request from MDT (FLV-24-08, applicant John Rainwater) for a minor variance to FCLR Section 4.3.f.2.h.5 to allow placement of clean road fill within the lakeshore protection zone at Spencer Lake. MDT said the project is part of US Highway 93 reconstruction within a constrained corridor; to comply with NEPA/MEPA and minimize impacts they proposed placing an average of roughly 1 foot of clean road fill in four discrete locations, totaling about 33 cubic yards, to create safe slopes and a bike path alignment. Staff noted the work would occur during low pool, use clean road fill, remove debris, not place materials in the LPZ, and re-vegetate with native grasses. The county read findings that no reasonable alternative exists, water quality would not be materially diminished with BMPs and a stormwater pollution prevention plan, fish and wildlife habitat would not be materially diminished, navigation and recreation would not be adversely affected, and shoreline characteristics would not be altered in a discordant way. The board approved the findings and granted the variance.
All permits and the MDT variance were approved by motions and voice votes. Planning staff noted MDT had previously obtained similar approvals for a 2016 iteration of the project; the 2024 filings included updated environmental reevaluations.
