By Michael Howell
During its third meeting in consideration of adopting new flood plain regulations on January 7, the County Commissioners decided, at least in regards to the draft under consideration, that they would lift restrictions on residential construction in the flood fringe. A fourth and final meeting was set for Monday, January 12, at which they adopted the new flood plain regulations as a whole.
At the January 7 meeting, the Commissioners heard from a roomful of county residents, state and local agencies, and citizen organizations, all of whom urged them to keep the 18-year-old restriction on building in the flood plain. No one spoke in favor of lifting the restrictions.
Montana Department of Fish, Wildlife and Parks fisheries biologist Chris Clancy told the Commissioners that his agency was against lifting the restrictions for a number of reasons. He said the river moves laterally across the flood plain and what is flood fringe one year becomes flood way the next. He noted that the flood way/flood fringe map being used dates from 1995 and that he had found at least 30 places where the river is now flowing through the mapped flood fringe.
Clancy said that there are areas mapped as flood fringe where the river will likely never visit again, such as on the west side of Highway 93 and below some of the fortified bridges. He urged the Commission to retain the restrictions on residential construction in the flood plain and based on good science determine areas that could be built in and areas that are inviting disaster when the river moves. He said there was scientific data available to help identify those areas.
“We have an opportunity to look at the flood plain regulations and design them so they fit our river,” said Clancy. He said it was a chance to use local data about local conditions to make local decisions.
Michael Howell of the Bitterroot River Protection Association discussed various scientific documents that he had submitted about fluvial processes, the adverse impacts of riprapping and river channelization, and an analysis of the possible causes of the unusual instability of the Bitterroot River. He said all the data supported keeping the restrictions on residential construction in the flood plain.
Eddie Olwell, a local flyfishing outfitter, agreed with Clancy, based on 16 years of outfitting, that the Bitterroot River is one of the most dynamic rivers in the state. He noted that it was also a big factor in the valley’s economy, second only to agriculture. He quoted FWP figures that $724 million was spent on fishing in Montana. The upper part of the Bitterroot River is ninth in popularity in the state. Residents spent 54,506 angler days on the Bitterroot River. Non-residents spent 37,000. Average daily expenditures per angler day are $83 for residents and $646 for non-residents.
Other organizations spoke out against lifting the prohibition. Bitterroot Audubon emphasized the loss of riparian habitat along the river that would follow residential development. Over 80% of the birds use the river riparian habitat.
Bitterrooters for Planning submitted information about the number of successful lawsuits nationwide lodged by landowners against local government that “permitted” them to build in a flood hazard area.
The Bitterroot Conservation District, the local agency that issues 310 Permits for doing any alterations to a perennial stream or riverbed, also urged the commissioners to leave the restrictions in place.
Despite about six hours of testimony and substantial evidence in favor of keeping the restrictions and no testimony in favor of removing it, the Commissioners stated that existing rules that govern activity in the flood plain by requiring a permit would insure that no homes were built in unsuitable places. They added some review criteria to the permitting requirements to make sure of that. With these regulations in place and applicable sanitation laws being enforced, they were comfortable that the process would address the public’s expressed concerns.
Commissioner Jeff Burrows suggested that the problem of using riprap could be addressed separately.
The Commissioners voted unanimously to remove the restrictions on residential construction in the flood fringe from the draft that they were considering.
clark lee says
Based on previous performance, one can’t help wondering if there isn’t more than just a little bit of conlflict of interest involved in this decision. How many of the commisioners and their “associates” have a financial interest in this new realestate opportunity? Just thinking out loud.