Darby disc golf course removed from ‘no man’s land’ for now

Last week a Supervisor for the Bitterroot Conservation District (BCD) and associates, along with a Fish, Wildlife and Parks (FWP) biologist, a Ravalli County Flood Plain Administrator, a couple of Darby Town Council members and a few disc golfers, among others, convened just on the edge of Darby in what would become referred to as the “no man’s land” between the Town’s declared limits and the river. They were there to consider possibly issuing a 124 Permit or a 310 Permit “after the fact.”

Members of a local disc golf league had, with the former mayor’s approval, installed a disc golf course on what they thought was the Town’s property. The application they submitted to the Conservation District for a permit, however, had the Town of Darby as the applicant. The disc golfers said the town had approved the course and it was on their property. They also claimed to have been directed by the town to install the course.

At least one council member disagreed, saying that the mayor had no authority to approve anything like this, nor did the council president, without council approval. That raised an issue.

If it was the disc golfers who were seeking a permit, they would go to the Conservation District for a 310 Permit. If it is the Town of Darby seeking a permit, technically, they should go to FWP and seek a 124 Permit. As BCD Supervisor Bob Nelson, put it, “We work for the taxpayer, the landowner. Tax spenders, like municipalities, need to get a 124 Permit from FWP.”

Both FWP and BCD agreed to look at the situation and either issue a permit, or not, depending upon compliance with all the regulations. So did the Ravalli County Flood Plain Manager, Rob Livesay. Before they could even get under way on the tour, the permitting discussion was sidetracked into a heated discussion between Rick Spross, a leading advocate of the disc golf course and Randy Rose, a very vocal opponent to the project and the process that led to its installation. 

Spross maintained that they were just trying to do what was right and were misled by some town officials along the way. Rose claimed that neither the town nor the disc golfers had the right to install a course in the river bottom because the town doesn’t own the property. In fact, neither the town nor the state, nor the county claim to own the property at this point. Rose was also angry and claimed that Spross was out of bounds when he tried to have him arrested for harassment when he was just asking questions about what was going on. 

“If the city’s not claiming it, if the state’s not claiming it, if the CB Ranch is not claiming it, “said FWP biologist Jason Lindstrom, “it sounds like it’s a complete no man’s land.” He said this can happen if the town’s deed places the boundary at the river. 

“If the original property boundary was based on the river, then the ownership goes with the river and the land is inherited by the river’s meandering movement,” said Lindstrom.

What all the officials made clear was that the question of who owns the property would not stop their permitting review. All three agencies said that they would go through the process and either issue a permit or not regardless of the true ownership because every permit requires that they get landowner approval. Lindstrom went on to say that it appears that it is a private thing done on the city’s property in ‘no man’s land’. He said in that case the Town would have to follow the National Environmental Policy Act process and take public comment on the issue.

After review, all agencies seem to be in agreement that the course, once modified by removal of any baskets or structures in the bed of active overflow channels, could be permitted.

The issue of property ownership that needs to be resolved before any permits can be executed has not gotten any clearer, however. According to Darby Mayor Ruth Lendrum, the Town was presented with a copy of the town’s deed by the disc golfers that they claim indicates that it may be town property. She said that since then she has been presented another deed that would cast some doubt on that claim, perhaps. She said it was all being considered by their attorney who is located in Kalispell. She said right now she really couldn’t say where the town’s jurisdiction ends over by the river.

Lendrum said that the disc golfers came to the town last spring and got approval from Parks and Recreation and from the council to pursue their course. But then the previous mayor gave them permission or instructions to put up a gate.

“The disc golfers put up a cable gate and that created some discord,” said Lendrum. She said it was her first day on the job as interim mayor following the former mayor’s resignation when she got a call about the gate. She said she left it up at the time because they said the mayor had told them it was okay, but she went back and researched the resolution and found no mention of a gate.

“I ordered it removed because it was not approved by the council,” said Lendrum. The latest council meeting was described as “a complete joke,” “an embarrassment,” “out of control,” and more by some of the attendees. Council member Tammie Jones said that Randy Rose was “loud, pretty much threatening, and bullying.” She said that Council Chair Nancy McKinney tried to restore order but Rose only got more belligerent and out of control, threatening lawsuits. She said only two people in the room had any problem with the disc golf course, Rose and Council member Bill De Spain. 

The Town has still taken no action concerning ownership claims but the project has come to a halt over the question of ownership. Stross said that he and his group decided the best thing to do at this point was take the pressure off. 

“Everything that’s been put in and is on questionable property we are pulling out,” said Stross. “We will store everything until this property issue is resolved.” He said it meant pulling out almost all of the 18-hole installation, leaving only three baskets on the indisputable town property.  

“The town should have checked into this,” said Spross. “We did all this work only to find out that maybe they don’t own the property.”

Asked what would happen with all the donations that had been collected from businesses to sponsor the course, he said, “That’s a good question. The sponsors are wondering that too.” 

He said, “We are just pulling everything out that is making people unhappy until the question gets resolved. Our permit has been approved, so now we just have to find out whose land it is. We are not done with this.” 

Rose said that he wasn’t done with it either.