The owners of the house in Glacier National Park along McDonald Creek, which was built without obtaining a 310 permit, have filed a Declaratory ruling petition with the Flathead Conservation District (FCD).
This petition is standard procedure if the private party does not agree with the findings of the Conservation District Board and allows them to present their own evidence and counterarguments as to why the house should be able to remain where it is.
FCD received the petition from John and Stacy Ambler on April 3, 2023. The first step after receiving the petition is to appoint a hearing officer within 30 days of receiving the petition.
The FCD Board of Supervisors meets on the second Monday of every month to look at 310 Law applications and issues, and this petition is on the April 10, 2023, agenda.
The board will discuss the receipt of the petition, discuss the proceedings and review the request. While it is unlikely, the board could possibly appoint a hearing officer at this meeting.
Samantha Tappenbeck with the FCD says that they do not receive these petitions frequently. With all proceedings for this type of petition — outlined in the Adopted Rules for the FCD — proceedings on this petition could take up to four months.
From there, the Amblers could seek judicial review in District Court.
Click here to read the papers associated with the issue.
(1st REPORT, MARCH 16, 2023) A home being built on private land within Glacier National Park in the Apgar area has drawn quite a bit of attention, and now, it will be torn down.
The home was built directly on the stream bank of McDonald Creek.
It's private property within the park boundary that has been grandfathered since before the park's creation.
The Flathead Conservation District received 17 complaints about the building's location and the possibility that the owner did not file for a 310-law permit.
The permit is required for any work with the potential to impact the bed or banks of perennial flowing streams in Montana. From the FCD website:
In Montana, you are required to get a permit from a Conservation District if you are doing any work in or near a stream. These permits are required under the Montana Natural Streambed and Land Preservation Act, known as the 310 Law. The Flathead Conservation District administers 310 permits for the Flathead County area. There is no cost to getting a permit, but it can take 30-60 days to receive your permit. If you own property along a waterway, this law applies to you. Realtors, developers, contractors, and engineers should be aware of this permit requirement, but it is the responsibility of the landowner to have a permit before any work is done.
"The intention of the law is to preserve the stream bed and banks in as close to their natural condition as possible. That's because the stream bed and banks provide such important services and habitat. The intent of the law is to preserve those really important natural functions," said Samantha Tappenbeck, Flathead Conservation District Resource Conservationist.
At a Conservation District board meeting on March 13, 2023, it was determined that no one applied for the free 310-law permit for the location.
“If they had applied, then I can't speculate on whether or not their application would have been approved or denied, but they did not apply prior to doing that work,” said Tappenbeck.
The building has been ordered to be removed and the area remediated after the creek recedes from the high-water point, but before November 1, 2023.
TRENDING
- 1 person dead of apparent gunshot in GF
- More tickets, prizes in Montana Millionaire
- 3 men sentenced for Gibson Flats Fire
- GF teen on 'America's Funniest Videos'
- Recent obituaries on KRTV
FOLLOW KRTV: Instagram | TikTok | Twitter
