Commissioners deny North Shore Ranch

By ALEX STRICKLAND / Bigfork Eagle

In a move that seemed to surprise nearly everyone in the commissioners' chambers last week, the Flathead County Commissioners voted 2-1 to deny the North Shore Ranch subdivision.

Commissioners Gary Hall and Joe Brenneman voted for denial, with Dale Lauman dissenting.

The 286-lot subdivision proposed along 1.6 miles of Highway 82 just east of Somers was praised by the two commissioners who voted against it as a "subdivision anywhere in the valley would be lucky to have."

But Hall and Brenneman said they couldn't get over the fact that PPL, who operate Kerr Dam, hold flood easements on the property, as they do around most of the lake.

Those easements essentially protect PPL from legal action by residents should they ever be forced to raise the level of Flathead Lake above their permitted height of 2,893 feet above sea level.

"Despite Herculean efforts by the applicants, I can't approve a subdivision that has flood easements on it," Brenneman said.

Developers Sean Averill and Keith Simon had dedicated almost 50 percent of the land to open space, including a 74-acre conservation easement on the south edge of the property that bordered the Flathead Lake Waterfowl Production Area.

But the proximity to the WPA still posed a concern for Hall, who said that along with the flooding issues, impact to wildlife and potential seismic issues had him hung up.

At the planning board level, representatives from Montana Fish, Wildlife and Parks and the U.S. Fish and Wildlife Service, who operate the sanctuary, said that a high density development like the North Shore Ranch would adversely affect migrating birds and other wildlife and that roaming cats and dogs would provide a huge threat.

It was also brought up in the application that the types of soils — primarily sandy silts and clays — that make up the north shore of Flathead Lake, are prone to a phenomenon called liquefaction, in which the soil turns into a sort of viscous liquid during a seismic event. That can cause houses to settle and their foundations to be damaged.

Hall said that since PPL has their liability covered, there would be a risk for the county, who could be sued for approving the subdivision in the first place.

Averill said he was "disappointed" in the decision and that he "felt we (he and Simon) went above and beyond the subdivision regulations and did things no developer has done in the valley."

As far as the future of the property, Averill said "all options are on the table."

Decision leaves door open for conservation groups

The commissioners' denial of the subdivision buys conservation groups — especially the Flathead Land Trust — time to corral donors and work with partner groups and landowners in their attempt to preserve much of the North Shore.

Flathead Land Trust Director Marilyn Wood said the decision "showed real leadership by the commission."

"I'm sure it was a tough decision," she said. "I wasn't really aware of some of the issues either."

Wood said that the flood easements were news to her, and that they are something the land trust needs to look at as they look at the land.

While the development's denial might mean nothing will be built in the very near future, Wood said that regardless of the commissioner's decision last week, the Land Trust was planning to move ahead with a "conservation solution" for the area.

In a previous interview with the Eagle, Wood said her group had a good relationship with Averill and Simon and that even with the development's approval, the trust would still work with the developers until construction actually started,

Now, Wood said the trust will have to talk with state and federal agencies as well as go after donations and grant money. Last month the Doris Duke Foundation gave the trust $200,000 toward projects on the North Shore.

Ideas for conservation easements, a possible state park as well as plenty of other possibilities have been thrown around for the North Shore, and Wood stressed the group's commitment to the project, as well as interest in working with landowners.

"We don't want to come in and say, 'This is what you're going to do with your land,'" she said. "I think most people are interested in seeing some of these choices."

Wood said that she hasn't been in contact with Averill or Simon yet, but that she'll be calling them soon to let them know that the trust is still interested in working with them.