Californians build house in GNP. FCD demands halt and removal.

[Straight Arrow]

Natural Streambed and Land Preservation Act (310 Law)

In 1975, the Legislature enacted the Natural Streambed and Land Preservation Act, aka the 310 Law. This law is intended to protect and preserve streams and rivers and the lands adjacent to them. The law requires any individual or business proposing work in or near a perennial stream to apply for a 310 permit through their local conservation district.

Note reference to "lands adjacent to them".

 

[mtmuley]

Wonder how it got as far as it did before it became a problem. I work on custom homes, and in that stage it took awhile. Sweet jobsite
mtmuley

And to be clear, I don't care for the home being built there. But, sure seems odd it got to that stage before something was done. mtmuley

 

[Straight Arrow]

sure seems odd it got to that stage before something was done

My take as well.

 

[trackerbacker]

This

Wonder how it got as far as it did before it became a problem. I work on custom homes, and in that stage it took awhile. Sweet jobsite
mtmuley

Because someone became scorned as FCD has a history of post building activity approval.

Natural Streambed and Land Preservation Act (310 Law)

In 1975, the Legislature enacted the Natural Streambed and Land Preservation Act, aka the 310 Law. This law is intended to protect and preserve streams and rivers and the lands adjacent to them. The law requires any individual or business proposing work in or near a perennial stream to apply for a 310 permit through their local conservation district.

Note reference to "lands adjacent to them".

NBD? That's where you are way off! Your documentation only supports my point regarding conservation district authority with respect to development over, in, and around rivers, streams, and springs.

But thanks for the well crafted reply, Amber relative, attorney, engineer, developer, advocate, friend or whatever.

Neither never heard of it until this am when some Montanidiots were up In arms over paint color and things they don't own but want to control.

Their district, power, authority ends at the immediate edge of the stream bank. See tree line? See piers and foundation? Where is each in relation to the other?

Super simple, yet you fail to grasp it.

Ooh ooh try montana is full of high capita vets AND sovereign Indian rights per capita and thats why your opinion carries weight this time, not the simpler, logical theory applied to what is documented

 

[trackerbacker]

Your entitled to your opinion. Chill with the Montana idiot shit. mtmuley

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...(is it just the paint color theyre upset about)...
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[Straight Arrow]

thats why your opinion carries weight this time,

You missread and missunderstood my reference to your derogatory comment about Montanans lacking "backbone".

Their district, power, authority ends at the immediate edge of the stream bank.

We, that is you and I, will just have to disagree about what the 310 law says. Your opinion infers that Flathead Conservation District does not know 310 law. I doubt that.

I'm sure this issue will continue to be in the news, so we'll have to see how it plays out. 'Hope we can have a congenial discussion then ... one without you regarding Montanans as "without backbone".

 

[trackerbacker]

You missread and missunderstood my reference to your derogatory comment about Montanans lacking "backbone".

We, that is you and I, will just have to disagree about what the 310 law says. Your opinion infers that Flathead Conservation District does not know 310 law. I doubt that.

I'm sure this issue will continue to be in the news, so we'll have to see how it plays out. 'Hope we can have a congenial discussion then ... one without you regarding Montanans as "without backbone".

Excellent rebuttal to anything factual put out for discussion based on the law and information on display, research, known or otherwise.

I look forward, though as not a family/friend/lawyer/banker/neighbor/gamewarden/investor of the amblers, I'm only invested as much as notified, so I'll rely on the locals vested interests and hatred of 'new'.

 

[noharleyyet]

Paint color?...it's Tyvek right...

 

[mtmuley]

Paint color?...it's Tyvek right...

Whose the idiot? Not that it matters, but my money says there won't be any paint on it. mtmuley

 

[Forkyfinder]

Private property, no county permit process/minimal county building reqs, property status pre-dates the national park, .gov utility connections approved....

How many of yall suffer TMJ from uncle sam?

I support the amblers and hope they prevail. Man oh man was I not aware MT had to import men with backbone...no wonder yall hate NRs..



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Guess im missing what is relevant? None of those permits are from the feds.

This

I dont know the specifics - but it seems to me that the DOI probably isnt well versed in permitting housing on private land inside a national park because it generally doesnt exist.

 

[noharleyyet]

Whose the idiot? Not that it matters, but my money says there won't be any paint on it. mtmuley

tbacker didn't say it was painted...said it was from the replies...I'm assuming he meant comments?

 

[mtmuley]

tbacker didn't say it was painted...said it was from the replies...I'm assuming he meant comments?

My apologies to tbacker if that is the case. mtmuley

 

[noharleyyet]

I am glad I wasn't the only one looking at that tyvek. It pisses me off every time I looked at it. And then they painted the damn house white

Nope, prolly from this.

 

[Straight Arrow]

I'll rely on the locals vested interests and hatred of 'new'.

Another somewhat skewed derogatory reference to Montanans, which is ironic in that in the Flathead there is a preponderance of residents who are "new" to Montana.

Humor me a bit by allowing further emphasis on conservation district authority imposed with professionalism and not just one disgruntled citizen. The district authority is a board of seven "supervisors" and a fulltime staff of three. The board is comprised of well educated and knowledgeable professionals who also rely on many partners with expertise in engineering, hydrology, natural resources, fisheries, agriculture, land use and many other fields pertinent to development around streams, rivers, springs and lands adjacent to them.
Typically the 310 analysis involves a team of professionals visiting the site, collaborating in crafting a report, reporting to the board with recommendation(s), then a hearing including the applicant and representatives (engineer, lawyer, etc.), the public and other interested parties who discuss the application proposal. The board then approves, denies, or modifies.
An appeal goes to either a third party objective mediator or to district court.

Thus the process is fair and equitable, with deliberate inherent professionalism infused. So it's not really a process to support "locals vested interests and hatred of 'new'."

 

[trackerbacker]

Humor me a bit by

Answering, refuting, providing any evidence to the contrary of anything I've stated. Anything.

I'm aware at how they, and many of them, work.

Do you understand that:
A-its private land, the amblers own the land, not GNP, not FCD, not the state, not the Fed's, not the county, not the neighbor.

B-The structure on said private land appears BEYOND, safe zoned, home-based, out of the "immediate edge of the stream bank", though fcd provides zero dimensionality towards that, so we must defer to defintions and law and words and well, pictures.

C-Understand if you are not ...let's go with alter....altering the .....let's go with area....area of a streambed, bank, flood zone, or any tangible area within the bound of immediate streambank edge to...immediate streambank edge...there's no permit required as you aren't altering anything covered under their 'jurisdiction', you are beyond their scope.

To help you out, do you register your truck as a boat because you can back the truck down the boat ramp? No, but warden whiny just slapped you with a felony for unregistered boat, boating dangerously (because your out of water, remember? Your a truck out of water) no boat trailer, no trailer plates, no boaters insurance and wants your truck demolished.

If anywhere, anything I posted, where you can show me that they did any of those things that would then require the 310 over threat of demolition, burning, torn down, I will absolutely humor you. A 310 mind you that have been granted retroactively on several occasions, yet this egregious ....CA license plate?....is so bad, the only correction is demolition, period. Wait, you claimed this as equitable, professional.

So, unless you see/have/know/expand on/ clear up something, I'm all for hearing and discussing that, hell, even "well that photo is taken at a 13° angle, and judging by contours lines here on this map overlayed on ......" to refute a God damn thing. Nothing. Zip, zero, captain hasn't called in an airstrike, hold pattern.

If I denigrated any Montanans, I apologize, and for those unaware, to denigrate means belittle.

Christ almighty.

 

[mtmuley]

Thanks tracker. But there are a lot of people in this state that aren't Montanans. That's why those of us that are take exception. As I said, I don't like that the home is being built there. But if everything is in order, it is what it is. mtmuley

 

[MTGomer]

And to be clear, I don't care for the home being built there. But, sure seems odd it got to that stage before something was done. mtmuley

The residential version of Dakota Access Pipeline. Except DAP was a noble and upstanding multinational petro corp that provides jobs and important product for the nation, instead of some Cali slime ball transplant, unMontanan weasel that thinks they need a river front house to play Yellowstone with.

 

[Straight Arrow]

To help you out, do you register your truck as a boat because you can back the truck down the boat ramp? No, but warden whiny just slapped you with a felony for unregistered boat, boating dangerously (because your out of water, remember? Your a truck out of water) no boat trailer, no trailer plates, no boaters insurance and wants your truck demolished.

Poor analogy, irrelevant silliness.

Christ almighty.

Calm down. 'Thought you had no relationship or personal interest.

 

[trackerbacker]

Poor analogy, irrelevant silliness.

Calm down. 'Thought you had no relationship or personal interest.

Ok point blank.
Are they building in the streambed, bank, immediate edge or floodplain?

If no-they don't need a 310.
If yes-they need a 310

The AHJ doesn't matter, irrespective of political boundaries, what matters is the project/structure penetrating the aforementioned area thus granting oversight and control to the permitting body, relative to the scope of work in said areas.

 

[trackerbacker]

Thanks tracker. But there are a lot of people in this state that aren't Montanans. That's why those of us that are take exception. As I said, I don't like that the home is being built there. But if everything is in order, it is what it is. mtmuley

and i get that, and what you mean.

But seeing users here condoning tearing a persons private property down over nothing, over worst case worst worst case a Mae culpa..

..well "the company you keep" comes to mind...