California couple asks for declaratory ruling in Glacier Park home removal case

The California couple who built a private home along the banks of McDonald Creek have petitioned the Flathead County Conservation District for a declaratory ruling — another step in the regulatory process that could see the matter eventually go before a district court judge.

The conservation district board previously found that John and Stacy Ambler of San Diego built a home along McDonald Creek in Glacier National Park in violation of Montana Natural Streambed and Land Preservation Act, also known as the 310 law.

Under the rules for a declaratory ruling, the Amblers are allowed to present their case and the district, in turn, appoints a hearing officer, which may be one of the supervisors. A quorum of other supervisors must also be present.

The hearing is scheduled for April 10. The hearing officer then has 60 days to make a recommendation to the supervisors for their approval and adoption, though that can be extended if need be.

The ruling itself —consisting of findings of fact and conclusions of law — must be made by a concurrence of a majority of the board. Only those supervisors present during the hearing can participate in the decision.

If the Amblers are unsatisfied with the ruling, they can then petition Flathead County District Court for a review of the matter within 30 days.

If they disagree with the ruling of the district court judge, they can appeal to the Montana Supreme Court within 60 days.

The legal wrangling could mean the home, which is largely built but has no siding, could remain along the banks of the pristine stream for months more, if not years.

Crews have since boarded up the windows.

On Feb. 27, representatives of the conservation board, along with the owners and a Montana Fish, Wildlife and Parks biologist examined the home, which is about 20 feet from the creek.

The board determined the stream bank been excavated in violation of the 310 law.

In addition to ordering the removal of the home, the board also required the Amblers to obtain a 310 permit — the permit that’s necessary to do any sort of work near a stream in Montana — to tear the home down.

The Amblers never applied, or received, a free 310 permit when they began construction. They previously claimed they didn’t know they needed one.

But Glacier Park spokeswoman Gina Kerzman said last week the couple was told when they inquired about building the home that they needed to comply with all state and county laws and regulations.

Under the initial board ruling, the Amblers were given until Nov. 1 to remove the home by the board.

The home is located on a slight bend in McDonald Creek in Apgar. It is one of the few private parcels left in Glacier National Park. Private land in Glacier is governed by Flathead County, not the Park Service.

Because the property is surrounded by federal land, the Federal Emergency Management Agency has not mapped the floodplain of the creek, FEMA officials have previously confirmed to the Hungry Horse News. Without a floodplain map, floodplain regulations do not come into play in the matter, the county planning office previously told the Hungry Horse News.

But the 310 law most certainly does — as witnessed by the Conservation Board’s previous actions. The board learned of the house after 17 private residents filed complaints to the board.

The parcel is not zoned. Private property is Glacier pre-dates the creation of the park in 1910. Over the years Glacier has slowly acquired many of the parcels, called inholdings, but some still remain, particularly near Lake McDonald.

The Ambler’s home is in Apgar, a subdivision of sorts that pre-dates Glacier. It is home to mostly private and rental cabins, a few shops and the Village Inn Motel, which is owned by the Park.

Glacier’s jurisdiction in the Ambler case begins at the high water mark, superintendent David Roemer previously has told the Hungry Horse News.

The Amblers were able to hook up to Park Service sewer and water, which allowed them, in part, to develop the lot in the first place.

The lot, according to public tax records, is only 2,309 square feet and is surrounded by Park Service lands.

The creek itself is rife with wildlife and birds, including black and grizzly bears, mountain lions, river otters and several beaver lodges. It drains Lake McDonald into the Middle Fork of the Flathead.