Vacation rental rules are a no-go

Several weeks ago I read a proposed text amendment to add “short term rental housing” to multiple areas in Flathead County including the North Fork. The amendment was proposed by the Northwest Montana Association of Realtors and The Flathead County Planning Board will conduct a public hearing to consider it on Wednesday, Feb. 8 at 6 p.m. in the 2nd flood conference room of the south campus building at 40 11th Street West in Kalispell.

When I first read it, I felt it was unrealistic for the North Fork, but had no opinion on other areas of Flathead County. I still feel that way, but the proposal has generated a lot of local discussion and there are folks both for and against it on the North Fork.

If adopted the following rules would apply.

1. The landowner would apply for an Administrative Conditional Use Permit (ACUP).

2. Staff would notify neighbors within 150’ and prepare a staff report. The ACUP most be approved by staff.

3. A local person or management company is required to be available 24/7 to be on site within a short period of time should there be an emergency, problem or repair.

4. Applicant will optain a Public Accomodations License from the Flathead City-County Health Department and is subject to annual inspections.

5. Applicant must obtain a “Health and Safety” certificate from the local fire chief ensuring adequate smoke and carbon dioxide detectors and any basement bedrooms have egress windows.

6. The state bed tax must be paid to the Department of Revenue.

There are more but many of the above would create some cost. Sending county employees up the North Fork on “annual inspections” could be expensive and in my opinion, terribly wasteful of county tax dollars.

The one thing some North Forkers like is the final item, “The ACUP may be suspended or revoked should any conditions or additional mitigating conditions as set forth by either the staff or the Board of Adjustment are not met or if there are instances of significant complaints of disturbing the peace related to the property.”

That really describes the problem. In Polebridge townsite, Whale Creek Estates and a couple of other spots, there have already been disputes between neighbors, mostly over levels of noise.

Granted, our rights end where our neighbors rights begin, but that is not always easy to define. Many North Forkers enjoy target shooting—others are here for peace and quiet. Both have an obligation to be a good neighbor. My advice is talk to each other, find a comporomise and, above all, be respectful of your neighbors. We will probably always irritate each other on occasion but new rules will just add to the costs, and add lawyers to the mix.

I oppose the text amendment, what do you think?

Larry Wilson’s North Fork Views appears weekly in the Hungry Horse News.