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Lost Coon Lake Whitefish Water Quality Protection Regulations Information for the Real Estate Community CITY OF WHITEFISH PLANNING & BUILDING DEPARTMENT Protecting Water Quality in our Community Whitefish Lake No. If the property is annexed into the city limits, then the regulations will ap- ply. Will this regulation make property un- buildable? NO. The ordinance would not make prop- erty unbuildable unless development of the lot would post a significant threat of injury to the occupiers of the land, other proper- ties or the public. I’m listing property developed with an existing house. How will this regula- tion affect this property? The regulation only applies to new devel- opment. You may maintain, repair, modify or add to existing structures, if you do not affect water quality protection areas or would not further encroach on a water quality protection area or buffer an addition placed on the side of your home away from a water quality protection area). What is a Preliminary Water Qual- ity Protection Area Determina- tion? What will it tell me? The ordinance is geared toward the specific development of property. However, not everyone is ready to build, and the city recognizes the need for those buying or selling prop- erty to understand how this regulation may possibly affect future develop- ment of a lot. To this end, the city has a Preliminary Water Quality Pro- tection Area Determination applica- tion. With a complete submittal, staff Water Quality Protection Regulations—Frequently Asked Questions The property I’m listing is outside the city limits. Is it subject to this regulation? Other Resources More information can be found at the Planning & Building Department or on the web at: www.cityofwhitefish.org. Karin Hilding, Public Works Dept: [PHONE REDACTED] Wendy Compton-Ring, Planning Dept: [PHONE REDACTED] will provide a written preliminary de- termination within 30-days as to ef- fect of the regulation on development of the lot. A more specific review will occur once detailed plans are submitted prior to actual construction of a home. ---PAGE BREAK--- Once your client is ready to build, the following steps will be taken. STEP 1: Determine if there are water quality protection areas on the property. There are many resources availa- ble to determine whether or not a water quality protection area is pre- sent on the property. The city has developed maps identifying the var- ious regulated water quality protec- tion areas. While these maps are not developed at a parcel level, they generally identify the presence of water quality protection areas to assist property owners when addi- tional analysis may be warranted. These maps are located at the Planning & Building office or on the city’s webpage at: www.cityofwhitefish.org, under Planning & Building, Maps. Other websites with natural re- source information include: Flathead GIS (flathead.mt.gov/gis) State of Montana: NRIS (nris.state.mt.us) If water quality protection areas are present on the property, go on to STEP 2. STEP 2: Hire a qualified profes- sional to provide more detailed information on the water quality areas present on the property. A qualified professional can help ascer- tain the types of water quality protection areas present and help design a site plan to minimize the effects of development on water quality protection areas. If the qualified professional determines there are no water quality areas present, the review is complete and your client may proceed to building permit, if they are within the city limits or proceed with construction outside the city limits. If there are water quality protection areas present, go on to STEP 3. STEP 3: Design home to avoid water quality protection areas. The first step in developing a site plan where water quality protection areas are present is to avoid the water quality pro- tection area. Locating the home and as- sociated development in a responsible manner that will not cause harm to water quality protection areas is the city’s top goal in preserving water quality. If it is not possible to develop the lot and avoid the critical areas, go on to STEP 4. STEP 4: Mitigate the effects of devel- opment on the water quality protec- tion areas. The regulations provide for several meth- ods to mitigate the effects of develop- ment on identified water quality protection area depending on the area impacted. Mit- igation will require a qualified professional to provide the city with a water quality pro- tection area report describing the details of the project, its anticipated effects and pro- posed mitigation. The mitigation report will be submitted along with a building permit. If it is not possible to mitigate the effects of development, go on to STEP 5. STEP 5: If these regulations, along with the zoning regulations, make it incapa- ble of building, what happens? The regulations, consistent with US Su- preme Court rulings, specifically ensures homesites will not be rendered unbuildable, except in the rare case new development would endanger other property owners. The regulations allow for exceptions to nor- mal water quality protection area standards to ensure “reasonable use” of property, de- fined as a use that is “allowed by the appli- cable zoning district and is consistent with similar uses in the same general area, tak- ing into account the most recent construc- tion trends in the general area.” If a reasonable use exemption is needed, please contact the Whitefish Planning De- partment to determine the appropriate next steps. The regulations require certain re- ports be developed by qualified pro- fessionals, which is a person with ex- perience and training in the pertinent scientific discipline, and who is a qual- ified scientific expert with expertise appropriate for the relevant water quality protection area. A qualified professional must have obtained a B.S. or B.A. or equivalent degree as identified and have five years of pro- gressively more responsible work ex- perience with the relevant type of criti- cal area. The city has a list of pre- approved qualified professionals available upon request. What is a qualified professional? My client wants to purchase property and build a home. What will my client need to do to comply with these regulations? CITY OF WHITEFISH PLANNING & BUILDING DEPARTMENT PO Box 158 418 E 2nd Street Whitefish, Montana 59937 Phone: [PHONE REDACTED] Fax: [PHONE REDACTED] Web: www.cityofwhitefish.org