Hold Drive public access: Sortino's plan ill conceived

Mr. Sortino’s letter (Daily Interlake, April 22, and Bigfork Eagle April 23) concerning the Holt Drive access to Flathead Lake contained several errors.

The county road right of way is recorded in the county’s plat books. Many similar county road right of ways exist around the lake and other bodies of water in Flathead County. The nearest example is the Bigfork dock in Bigfork Bay on the Swan River that is now a county park.  Montanans recognize and value these access sites as part of the public trust legacy. 

Mr. Sortino and his family were aware of the public right of way at the time of their purchase of this land. It is recorded on the certificate of survey that he paid for. He was aware that the public had the right of access to the lake over his property when he purchased the property.

The Holt Drive lake access right of way has been used for many, many years, including well before Mr. Sortino and his family purchased the land and subdivided it into six lots. I, personally, have used the access since at least 1990.  I have talked to numerous waterfowl hunters and other locals who have used that right of way for many years. Mr. Sortino wishes to see the established public right of way removed from his property for his own personal gain. He worked with the adjacent state and federal refuge managers to draft an alternative plan without the courtesy of inviting the public or other adjacent landowners. He thought he could persuade these agencies to endorse his plan.

Fortunately, at a recent meeting – to which Mr. Sortino was invited – those agency representatives understand the public’s interest in retaining the Holt Drive access right of way. They also expressed strong doubts that Mr. Sortino’s alternative could work.  

Mr. Sortino’s plan would not provide year-round access (access would be closed from March 1– July 15).  The Holt Drive right of way is open year-round. Thus Mr. Sortino’s “solution” would exchange a year round right of access for part-year access. This represents a significant net loss to the public.

Montana’s law is clear. County commissioners may not abandon county road right of ways that provide access to public waterways or public lands unless an alternative access provides “provides substantially the same access.”

Flathead County should not accept an inferior alternative. 

To be clear, no petition for abandonment is currently before the commissioners. The public’s adverse response to Mr. Sortino’s plan strongly indicates just how such a petition for abandonment would be received.

Finally, Mr. Sortino is also building the bridge out to the island. His permit allowed him to build a 481-foot elevated roadway or bridge. Recently, the county imposed a “stop work order” on the bridge construction because it exceeds the permitted length by about 100 feet! A 21-percent ‘mistake’.

As residents of Flathead County we are fortunate that our local government is fairly and impartially administering the laws and regulations that protect our public trust legacy.

—Dave Hadden, Bigfork