Commissioners approve Shriber Meadows preliminary plats after dispute over streamside buffers

Lincoln County commissioners voted June 18 to approve preliminary plats for Shriber Meadows North and Shriber Meadows South, major subdivisions adjacent to Shriber Lake about 23 miles south of Libby, adopting modified environmental setback conditions after extended public comment.

The board approved a package of conditions recommended by the planning board with two substantive changes. Planning staff and the developer had proposed replacing a geotechnical condition for Lot 10 with a requirement that the final plat show an International Building Code–conforming building setback and require a licensed geotechnical evaluation only if a future purchaser seeks a different setback. Commissioners approved that change. The board also adopted a revised stream-buffer standard: a 100-foot no-disturb vegetated buffer with a 30-foot additional building setback along Shriber Creek, instead of the 150-foot no-disturb/50-foot setback recommended by Montana Fish, Wildlife & Parks (FWP).

Jesse, the county planner, told the commission the developer had documented that the proposed home site for Lot 10 met IBC 1808.7 standards and recommended showing the setback on the final plat while reserving a geotechnical study for any deviation. Jesse flagged that slope stability and access roads could still affect downstream lots if bench failure occurred; the planner noted that access and road crossings will require permits during development.

Several residents and technical commenters urged the commission to adopt FWP’s larger buffer. Maggie Craig, speaking during public comment, said she had consulted MDT, DEQ (DEEQ), DNRC and others and urged the county not to treat a stream classified as perennial as intermittent without broader agency review. Craig also alleged contractors had installed pumps in the lake for construction, saying that could have dewatered downstream reaches and should be investigated; she urged involvement from the conservation district and state agencies.

Dr. Robera McCann, a planning-board member, argued a narrower buffer would reduce wildlife corridor space and recommended fencing or other methods if the buffer was reduced. Planning staff noted USGS gauge data showed predominantly flowing conditions consistent with a perennial classification and that FWP had classified the stream as perennial, though some readings in recent years showed intermittent low flows.

Commissioners discussed enforcement and noted that setbacks and buffers will be delineated on the final plat; the county will rely on plat restrictions and, if necessary, civil enforcement to prevent unauthorized building within buffers. Following motions and recorded voice votes, the board approved the change to condition 16, approved the reduced buffer/setback language for conditions 31/34/30/32, added a consistent wetland setback to the plat mapping, and approved the preliminary plats with those conditions.

Several members of the public asked the commission to delay approval pending additional hydrogeologic studies and DNRC review of combined groundwater appropriations for the two neighboring subdivisions; commissioners acknowledged those concerns but moved forward with preliminary-plat approval. The planning record and the conditions will govern final-plat review and any required 310 permits for in-stream work.

The board’s approval advances the subdivisions to the final-plat stage, where specific engineering, geotechnical and wetland delineation work must be completed and recorded on the plat before final approval and building permits.