Whitefish council directs staff to contest FWP denial of river path permit

The Whitefish City Council on short notice unanimously directed city staff to notify Montana Fish, Wildlife & Parks (FWP) that the city "significantly disagree[s]" with the agency—s denial of a Stream Protection Act (1-24) permit for a proposed shared-use path along the Whitefish River and to pursue whatever procedural avenues FWP provides, including arbitration or further legal options.

The decision came at a special meeting called to meet a statutory response window after the city received the permit denial about two weeks earlier. Craig Martin, a city staff member who summarized the project—s modern history, said the city has worked on the trail for decades and that the permit process recently culminated in a formal denial: "...just 2 weeks ago the permit was officially denied." Martin said the city had revised designs to address an initial easement-width issue and had been in ongoing dialogue with FWP before the denial.

City staff and the council said FWP listed five primary reasons for denial: removal of trees and vegetation that could destabilize the bank; increased impervious surface disrupting the stream bank; added load and instability from proposed retaining walls on the adjacent Lows Avenue property; concerns about helical piers proposed for a raised boardwalk; and that path decking…