County cites legal opinion for not spraying Mosquito Flats

After a legal opinion by the county attorney’s office, the Mosquito Flats neighborhood in Columbia Falls won’t see any mosquito fogging this summer.

Residents in the neighborhood, as well as the Columbia Falls city council, urged the county to spray for mosquitoes, citing not just the nuisance, but the potential health concerns from the bites.

But six residents objected to the spraying, which can kill bees and other pollinators.

The objected properties are in a “checkerboard” pattern in the Flats, making spraying impossible without the spray landing on their property.

“The only legal authority for the district to spray on near affected areas must be gained solely through permission,” deputy county attorney David W. Randall wrote in an opinion to Flathead County Health Department public health officer Hillary Hanson. “As a result, I only recommend spraying affected areas where permission is granted by 100 percent of the landowners.”

Citing a repeal of a state law in 2009, which previously gave mosquito control districts broad authority to spray, Randall noted the county could face lawsuits if it went ahead with spraying.

“Without the protections of the repealed MCA, the district could face anything from trespass charges to negligence lawsuits brought by landowners who simply disagree with the spray,” Randall wrote.

Hanson and Bruce Gunderson both attended the council meeting Monday night. Gunderson runs the county’s mosquito control program — the city doesn’t have a mosquito control program of its own.

Gunderson suggested some proactive steps be taken in the neighborhood, which borders the flood plain of the Flathead River and River’s Edge Park. He noted that one culvert in the park that was partially plugged formed a small pool that harbored thousands of mosquitoes.

He suggested draining standing water and making sure it didn’t have things like leaves and twigs in it. The county did treat standing water with a larvacide that kills the mosquito larvae before they hatch.

The adult spray, a chemical called Permethrin, is toxic to fish and kills all insects, but is inert within 8 hours or so. It’s even used in creams on humans to treat lice and scabies.

By spraying in the evening, the fog would reduce exposure to honey bees, city council members have said.

The bottomline, however, was conditions this spring were prime for mosquitoes, with higher than usual runoff and a snowy winter, River’s Edge Park and the surrounding properties had standing water for most of the spring — prime breeding grounds for mosquitoes. Gunderson noted that in the past 10 years, the county has spent over $21,000 in mosquito control in the neighborhood, with funds being ramped up more in recent years.

That’s been a bone of contention with city leaders and residents, who claim they’re being taxed for mosquito control, but they’re not seeing any benefit.