Clarification on lakeshore issues

This letter is to clarify facts about the purported lakeshore violation on the Whitefish Lake Ranch, owned by William Foley, that were discussed in two recent Whitefish Pilot articles and in a letter submitted by Tom LaChance last week.

The following facts have been verified by former Flathead County Planner Lindsay Morgan:

In 2002, the Flathead County Planning Office investigated a violation on this property by the previous owner and concluded:

1) That lawn had been created and was being maintained in the lakeshore protection zone, and even below mean high water.

2) That lawn grasses were comprised of planted Kentucky bluegrass or similar non-native fescue.

3) That the violation was confirmed by a formal survey of the lakeshore protection zone by a licensed surveyor.

At the time of that violation, an agreement was made by the caretaker representing the previous owner to not mow, fertilize or maintain any lawn area in the lakeshore protection zone.

This agreement is documented in phone records from the Flathead County Planner, by minutes of the Whitefish Lake and Lakeshore Protection Committee.

However, a physical copy of the agreement cannot be found in the county records that were transferred to the city of Whitefish, and it was not properly recorded with the property deed.

Consequently, although Foley (the current owner) is currently mowing and maintaining lawn in the lakeshore zone, the city cannot enforce that prior agreement.

This is one of many difficult issues being addressed by the joint Lakeshore Committee/City Council Ad Hoc Committee.

In this particular case, a proposed regulation change will prohibit routine mowing and maintaining of lawn in the lakeshore zone — regardless of whether grasses are planted or native — unless archive evidence confirms a lawn existed prior to lakeshore regulations.

Jim Stack, chairman, John Muhlfeld, vice-chairman,

Whitefish Lake and Lakeshore Protection Committee