13-3-1: GENERAL CONSTRUCTION STANDARDS:
Any proposed project or action shall be in compliance with the following construction standards, and these policy considerations shall be used in evaluating any variance from the adopted construction standards:
   A.   Construction Materials:
      1.   General:
         a.   Any building material used in the lakeshore protection zone should be stable and free of silts, sands, fine materials, chemical preservatives, grease, oil or any surface application that could immediately or eventually contaminate water quality.
      2.   Wood:
         a.   Wood preservatives leach over time and degrade water quality. All wood used in the lakeshore protection zone shall be untreated and left in its natural state. No preservatives, including varnish, stain, paint, linseed oil, diesel fuel, creosote or any pressure treated preservatives, are allowed. This prohibition shall not prohibit the application of paint or stain as a routine maintenance measure for any structure built prior to 1978 located landward of the high water line which has been painted and stained on a routine basis in the past.
         b.   Where wood is used for any project which would at sometime be in, or over, the water, only solid wood shall be used. This specifically excludes plywood, particleboard, chipboard, etc.
      3.   Metal:
         a.   While metals are generally inert, except for oxidation, surface applications of some foreign material (i.e., wet paint, grease, oil, etc.) can degrade water quality. Any metal used in the lakeshore protection zone may be painted or coated with an inert metal sealant (i.e., paint, plastic, rubber, enamel, etc.) which has thoroughly dried/cured prior to its installation.
         b.   Minimum lubrication of critical metal components to allow movement is allowed.
         c.   No metal used in the lakeshore protection zone may contain deposits or a surface application of any of the following:
            (1)   Grease or oil (other than this subsection A3);
            (2)   Paint, varnish or coatings which have not been allowed to thoroughly cure or dry outside the lakeshore protection zone;
            (3)   Any chemical or substance that will wash off or dissolve when in contact with water.
      4.   Styrofoam Flotation Logs:
         a.   All dock flotation styrofoam shall be extruded closed cell polystyrene (blue or pink logs) unless encased in rotomolded floats (a specific manufacturing process utilizing heavy gauge plastic covering).
         b.   All styrofoam flotation logs shall be completely encased in solid wood (excluding particleboard, plywood, etc.) or in metal, fiberglass or plastic. Drain holes or a maximum of one-half inch (1/2") spacing between wood boards may be allowed.
      5.   Asphalt:
         a.   Asphalt or similar petroleum based construction products are prohibited, except for replacement shingles on nonconforming structures.
      6.   Concrete:
         a.   Concrete may be utilized only where structural strength and location dictate no other alternative.
         b.   In all cases, concrete shall be aesthetically shielded by the creative use of rock or wood.
         c.   Wet concrete shall not be poured into or allowed to come in contact with the lake.
         d.   Concrete is expressly prohibited as a walkway or patio surface within the lakeshore protection zone.
      7.   Rock Or Stone:
         a.   Rock or stone is a preferred natural material for construction.
         b.   All rock or stone that will come in contact with the lake shall be free of silts, sands or fine materials.
         c.   Rock or stone from the immediate lakeshore protection zone may be used for a project if its removal does not reduce the effectiveness of the existing lakeshore armament or expose silts, sands, clays or fine materials.
   B.   Excavation Or Filling Of Materials:
      1.   The lake bed or lakeshore should be preserved in its natural condition to the greatest extent possible, in order to protect water quality, aquatic wildlife habitat, and the aesthetic value of the natural shoreline.
      2.   For all construction and projects in the lake or lakeshore protection zone, sedimentation in the lake shall be minimized to the greatest extent possible, as a protection for aquatic habitat and water quality.
      3.   Any material which is excavated from the lake bed or lakeshore shall be removed entirely from the lake and lakeshore protection zone and deposited in such a manner so as to prohibit reentry of the material into the lake.
      4.   Any materials used for fill shall be free of fine materials (i.e., clays, silts and sands), unless the material is placed behind a retaining wall that will prevent introduction of the materials into the lake. Large cobbles and boulders lying on the lake bottom and not part of the lake bed armament may be handpicked, provided that such handpicking can be done without excavating any fine lake bed materials and that an armament of rock or gravel remains on the lake bed in the affected areas.
      5.   The interface of fill materials, such as riprap, with the lake water shall be sloped at no greater than one horizontal to two vertical (1:2) ratio in order to dissipate wave energy. The face of the slope shall be covered with suitable materials to discourage soil erosion and slumping of banks.
   C.   Erosion, Sedimentation And Storm Runoff:
      1.   The natural protective armament of the lake bed and lakeshore shall be preserved wherever possible. Any construction activity which will affect the lakeshore protection zone shall incorporate all necessary means to prevent pollution of the lake, including erosion, sediment and storm runoff controls.
      2.   The proposed activity shall not cause, directly or indirectly, increased sedimentation, an increase in suspended sediments, or an increased discharge of nutrients into the lake either during its construction or utilization.
      3.   Any point source runoff which is diverted to the lake shall be terminated and filtered prior to entering the lakeshore protection zone.
   D.   Vegetation:
      1.   Preservation Of Native Plants: Native plant species are an important biological and aesthetic component of the lakeshore, and shall be preserved wherever possible. Natives may be more difficult to reestablish than cultivars, since natives generally do not grow well in pots, are smaller and not as widely available as cultivars and are adapted to specific sites and plant communities. Once established, however, natives tend to grow better and require less maintenance.
      2.   Stabilization Of Erosive Areas: New vegetation shall be provided, if required, as a means of stabilizing erosive areas. Topsoil may be allowed in quantities necessary for establishing and maintaining new plantings.
      3.   Introduction Of New Plants: New plants introduced into the lakeshore protection zone must be native to the Flathead Valley or cultivars whose form, color, texture, and character approximates that of natives. A resource file on native plants is available at the jurisdictional planning office.
      4.   Ground Cover: A finely ground bark (less than 1/2 inch in size) or compost is recommended for ground cover in conjunction with the native plants.
      5.   Flower Gardens Prohibited: Flower gardens are prohibited.
      6.   Fertilizer Prohibited: Application of fertilizer, pesticide, insecticide, or herbicide, is prohibited in the lakeshore protection zone.
      7.   Preservation Of Healthy Trees: Healthy trees three inches (3") or more in diameter as measured at eight inches (8") aboveground shall be preserved. In cases where a tree presents a safety hazard to persons or property, the tree may be removed (by lakeshore permit) provided a similar tree species of three inches (3") in diameter, as measured at eight inches (8") above the ground, is planted within five feet (5') of the old tree or an alternate location determined by the planning office and maintained for a period of ten (10) years. If the tree dies within the ten (10) year maintenance period, it shall be replaced subject to this section.
      8.   Denuding Of Trees Is Prohibited: A tree on which all limbs have been removed over a height of twenty five feet (25'), and over forty percent (40%) of trunk height, shall require the planting and maintenance of a future replacement tree in accordance with subsection D7 of this section. The old tree cannot be removed until the new replacement tree has reached a height of over twenty five feet (25').
      9.   Removal Of Dead Trees: A dead tree three inches (3") or more in diameter as measured eight inches (8") above the ground may be removed with approval from the jurisdictional planning office. If there are no other trees over three inches (3") in diameter within eight feet (8') of the dead tree, then a new tree must be planted and maintained in accordance with subsection D7 of this section.
      10.   Dead Trees Felled Away From Lake: Dead trees which must be removed shall generally be felled away from the lake unless circumstances prohibit. If a tree must be felled into the lake, all material and debris must be immediately removed from the lake. All stumps shall be cut off at ground level and not removed from the lakeshore protection zone.
      11.   Prohibited Sprinkler Systems: Sprinkler systems with exposed spray heads are prohibited in the lakeshore protection zone. Buried one-half inch (1/2") drip lines are allowed.
   E.   Lawns And Grasses:
      1.   The establishment of a new lawn in the lakeshore protection zone is prohibited. Such prohibited actions include grass seeding, placement of sod, or the routine mowing and maintenance of native grasses as a lawn.
      2.   Grandfathered lawns which existed prior to the establishment of lakeshore regulations, may be maintained by mowing, but not fertilized or treated with any chemicals or pesticides.
      3.   Turf grass or nonnative vegetation, including grandfathered lawns, once removed from or destroyed in the lakeshore protection zone must be replaced with native vegetation as described in subsection D of this section.
   F.   Constructed Area:
      1.   The total of all constructed areas within the lake and lakeshore protection zone shall not exceed eight (8) square feet per each linear foot of shoreline.
      2.   Excess constructed area and impervious cover is prohibited as it may affect water quality, detract from the aesthetic values of the shoreline or alter natural shoreline characteristics.
      3.   Impervious construction which increases the intensity or amount of runoff channeled into the lake or adjoining areas is prohibited.
      4.   Dry laid stone used for pathways or on preexisting level patio areas shall be included in the calculated constructed surface area.
   G.   Material Storage And Debris:
      1.   Construction materials shall not be stored in the lakeshore protection zone unless no other alternative exists. A lakeshore permit specifically allowing storage of materials in the lakeshore protection zone is required.
      2.   Construction debris that remains in the lake or lakeshore protection zone may affect the quality of the water, cause safety problems or detract from the aesthetic value of the shoreline. All construction debris shall be immediately disposed of outside the lake and lakeshore protection zone in such a manner and in such a location so as to prohibit its reentry into the lake.
   H.   Burning:
      1.   Burning of materials on the lake bed or lakeshore will cause a degradation of water quality, and may create safety hazards or detract from aesthetic characteristics of the shoreline. No burning is allowed lakeward of the mean high water line.
      2.   Burning in the twenty foot (20') setback zone requires a lakeshore construction permit and may only be allowed as a last resort where there is no physical way to access or remove the debris from the lakeshore protection zone.
      3.   This subsection is not intended to prohibit small campfires above the average high water line.
      4.   Burning may also be subject to restrictions or require a permit under city or county code.
   I.   Setback Requirements:
      1.   All structures shall meet the minimum setback requirements for the type of structure proposed, as specified in subsequent subsections of this chapter. Greater setbacks may be required by other zoning or ordinance provisions.
      2.   Common facilities, constructed and shared by two (2) or more property owners, are encouraged, as they would reduce the number of facilities on the lake, thereby reducing potential impacts. Where such a situation exists, setback requirements from the common property or riparian boundary lines may be waived, provided that the application clearly specifies that the facilities are to be used in common by such owners. A permit issued for common facilities is granted on a conditional basis, and is valid only for the duration of mutual agreement by the respective property owners to the conditions of the original permit.
      3.   Stream and spring outlets on lakeshores are valuable aquatic and aesthetic resources, as they provide spawning and rearing habitat for numerous fish species, as well as a variety of food organisms. Structures shall be set back a minimum of twenty five feet (25') from ordinary stream high water for streams and springs having a flow less than twenty five (25) cubic feet per second (cfs). Streams and springs with higher flow volumes will be assessed on an individual basis. Swift Creek, the Whitefish River, Lazy Creek and Hellroaring Creek have flows above twenty five (25) cubic feet per second (cfs) at some times during the year. Greater setbacks may be required by other zoning or ordinance provisions.
      4.   Structures or activities adjacent to rivers and streams may also be subject to floodplain regulations. Portions of the lakeshore protection zone are also subject to floodplain regulations.
      5.   Where no specific setback requirements for the specific type of structure proposed have been established, the structure(s) shall be set back from the side property lines and/or riparian boundary lines based on the property's lakeshore frontage. The setbacks shall be as follows:
 
Lakeshore Frontage (Feet)
Minimum Setback (Feet)
60 or less
10.0
More than 60 but less than 75
12.5
75 or more
15.0
 
   J.   Use Of Mechanical Equipment:
      1.   Use of mechanical equipment has significant potential for damaging the natural armament of the lakeshore and lake bed, exposing sediments, damaging vegetation and scarring of sloped terrain and the lakeshore. The use of mechanical equipment or any motorized vehicle in the lakeshore protection zone requires a lakeshore permit. Limited use of a vehicle or mechanical equipment for the seasonal removal or installation of permitted docks is exempt from this requirement, but still subject to the following regulations.
      2.   Use of mechanical equipment in the lakeshore protection zone is permitted only if the equipment does not come in contact with the lake; expose silts or fine materials; or gouge, rut or otherwise damage the lakeshore or vegetation.
      3.   The lakeshore shall be immediately restored to its condition prior to construction. All equipment tracks shall be raked or otherwise removed by hand.
      4.   Temporary storage of vehicles, trailers, other equipment or construction materials in the lakeshore protection zone is prohibited.
      5.   As a condition of the permit, the governing body may require that hand tools be used in lieu of mechanical equipment, based on the scope (size) of the project or possible damage to the lakeshore zone due to excessive slope or terrain.
   K.   Docks, Swim Docks, And Floating Trampolines:
      1.   One Dock Allowed: Only one dock is allowed per common waterfront property ownership, unless an individual dwelling is constructed on each separate and legally defined lot with independent water and sewage disposal, in which case one dock is allowed per independent dwelling unit/lot. "Common waterfront property ownership" shall be defined as multiple contiguous lots under one family or related ownership, including fractional ownership in a corporation, partnership or other legal entity. (This does not apply to marina applications.)
      2.   Usage Of Dock: Usage of a dock is limited to the properties applied for in the permit application when the dock is nonconforming, or is granted under variance, or is an expanded shared dock granted under subsection K14 of this section.
      3.   Solid Docks: Solid docks (i.e., rock filled crib dock) or structures which essentially block the transfer of water beneath the dock shall not be permitted, as they impede current flows and, therefore, create stagnant water.
      4.   Setback Of Docks: Docks shall be placed in the middle of the property ownership. Where this is not practical, the setback may be reduced to a minimum of twenty feet (20') between any portion of the dock and the riparian boundary property line. For setbacks from streams, creeks, rivers, etc., see subsection I3 of this section.
      5.   Length Of Docks: Docks shall not exceed sixty feet (60') in length, including any access ramp or gangway.
For docks on Whitefish Lake:
         a.   If the water depth at sixty feet (60') from low water (measured after August 15) is less than four feet (4') in depth, and cannot be moved to a location on the property to achieve four feet (4') depth, then the total dock length may be increased to the point at which water depth equals four feet (4'), but not to exceed one hundred feet (100') in maximum length, including gangway.
         b.   On docks exceeding sixty feet (60') in length, dock slips, shore stations, and mooring cleats shall be limited to the outer forty feet (40') of the overall length.
         c.   On docks exceeding sixty feet (60') in length, a water depth profile from sixty (60) to one hundred feet (100') is required with the dock permit application.
         d.   Due to the high potential for interference with public navigation and recreation, no dock shall exceed one hundred feet (100') in total length, including gangways.
      6.   Wing Length Of Dock: The wing length of a dock (see figure 2 of this subsection), whether it is a T, F, 4 or L shaped dock, shall not exceed thirty percent (30%) of the lot frontage or thirty feet (30'), whichever is less.
      7.   Maximum Width Of Dock: The maximum width of all dock sections, wings, and gangways shall not exceed eight feet (8').
      8.   Flotation Systems In Docks: If foam or similar easily damaged flotation systems are incorporated into the dock design, the material shall be completely encased in solid wood or a suitable impervious, noncorrosive material such as aluminum or galvanized sheet metal so as to avoid the breakup or scattering of materials. Plywood, particleboard, etc., shall not be used. Boards may be spaced up to one-half inch (1/2") apart on the bottom or drain holes may be incorporated into other materials to aid in drainage. All foam encased floating docks shall be maintained according to these standards or else be immediately and completely removed from the lakeshore protection zone.
      9.   Anchoring Of Docks: All floating docks shall be suitably anchored to the lake bottom to avoid drift. Anchoring methods are limited to cable, galvanized chain or nylon or polypropylene rope attached to a suitable clean weight such as solid clean concrete, rock or steel blocks or a temporary pipe and post system which allows the dock sections to slide up and down.
      10.   Deteriorated Docks: Docks which have deteriorated to the extent that they may contaminate the lake, such as having exposed white Styrofoam, shall be immediately repaired as necessary to eliminate the risk of contamination or shall be removed from the lakeshore protection zone.
      11.   Abandoned Docks: It is a violation of these regulations to abandon docks or to otherwise allow docks or dock remnants to float out onto the lake unsecured.
      12.   Repairing Materials On Docks: Repair or replacement of materials on existing docks shall be in accordance with these regulations.
      13.   Licensed Survey: After a permitted dock is installed, a licensed survey of the property riparian boundaries may be required if the governing body receives a complaint about possible setback encroachment.
      14.   Shared Dock Standards: Shared docks shall comply with the standards found in this subsection K, except as otherwise specified below:
         a.   Multiple contiguous property owners or a single property owner with multiple contiguous properties that combined exceeds two hundred (200) linear feet of lake frontage may apply for a shared dock under this section.
         b.   The total wing width of a shared dock shall not exceed sixty feet (60'), regardless of configuration.
         c.   A minimum setback of forty feet (40') is required between both riparian boundaries and any portion of a shared dock that exceeds thirty feet (30') in total width.
         d.   Common shoreline dock facilities shared by two (2) or more owners should be encouraged, as such facilities will reduce the overall environmental impacts on the lake bed and lakeshore and ease navigational congestion on the lake.
      15.   Swim Docks: Swim docks shall comply with the following:
         a.   Swim docks shall comply with all standards applicable to conventional docks, except as described in subsections below.
         b.   No part of a swim dock may be located more than sixty feet (60') from the shoreline at the current lake level.
         c.   The size of swim docks shall not exceed one hundred (100) square feet with no one dimension exceeding twelve feet (12').
         d.   Swim docks shall have a minimum of eight inches (8") of visible freeboard.
         e.   Only one swim dock or one conventional dock, but not both, is permitted on property ownerships with less than one hundred feet (100') of lake frontage. On property ownerships with one hundred feet (100') or more of lake frontage, only one swim dock and one conventional dock is permitted.
         f.   A minimum setback of thirty five feet (35') is required between both riparian boundaries and a swim dock.
         g.   Swim docks may be prohibited based on considerations of public safety and congestion. Owners are advised that swim docks may create a significant hazard for navigation. The city of Whitefish shall assume no liability for navigational accidents involving swim docks.
      16.   Floating Trampolines:
         a.   Floating trampolines and similar items are regulated under this provision because of the large amount of lake coverage and tall profile.
         b.   The entire surface area of a floating trampoline and accessory attachments shall be included in the coverage calculation as provided for in subsection F of this section.
         c.   A minimum setback of thirty five feet (35') is required between both riparian boundaries and any portion of the floating trampoline and attachments.
         d.   No part of a floating trampoline may be located more than sixty feet (60') from the shoreline at the current water level.
         e.   Floating trampolines shall be anchored to prevent encroachments into the setbacks.
         f.   Floating trampolines may be prohibited based on considerations of public safety and congestion. Owners are advised that floating trampolines may create a significant hazard for navigation. The city of Whitefish shall assume no liability for navigational accidents involving floating trampolines.
   L.   Marinas:
      1.   Due to their size and concentration of public activity, marinas have a high potential to impact the lake, lakeshore, open water navigation, and neighboring property owners. A marina permit may be denied or additional restrictions imposed, based on assessment of this impact.
      2.   A marina shall be designed to accommodate only anticipated sizing and capacity needs, to protect the navigational rights and safety of neighboring property owners and recreational users of the lake, to ensure general compatibility with the character of the area so as not to create an unwarranted disturbance or nuisance, and to protect the quality of the water and aquatic and wildlife habitat.
      3.   A marina may not be located immediately lakeward of a wetland area.
      4.   A minimum of one hundred feet (100') shall remain open between any portion of the marina dock structure and the side riparian boundaries.
      5.   Minimum twenty five foot (25') travel lanes shall be provided between dock structures for boats to travel.
      6.   "Private marinas" are defined as any dock facility serving the needs of a homeowners' association, private housing development, resort facility, or other limited group, and providing overnight dockage or moorage, and shall comply with the following:
         a.   Each marina shall have a minimum of two hundred fifty feet (250') of lake frontage.
         b.   The design standards for dockage shall be limited by and must comply with subsection K of this section unless otherwise modified below.
         c.   If a marina meets all regulation criteria without requiring a variance, and does not exceed sixty feet (60') in length, then an additional gangway up to three feet by twelve feet (3' x 12') may be installed to access the dock. This gangway shall be included in the constructed surface area for the marina.
         d.   The maximum length of each individual boat slip shall not exceed twenty six feet (26').
         e.   The total amount of constructed surface per property in the lakeshore protection zone shall not exceed ten (10) square feet for each linear foot of lakeshore frontage.
         f.   The amount of constructed surface located below the mean annual high water line shall not exceed eight (8) square feet for each linear foot of lakeshore frontage.
         g.   The overall density of boats/boat slips provided shall not exceed one boat/boat slip per twenty (20) linear feet of lakeshore frontage.
         h.   Overnight mooring is only allowed in designated slips.
         i.   Private marinas may not incorporate boat ramps.
         j.   No retail sales or rental facilities shall be allowed on the site.
      7.   "Public marinas" are defined as providing boat slips and/or services, without restriction, to the general public, and shall comply with the following:
         a.   Each marina shall have a minimum of three hundred feet (300') of lake frontage.
         b.   In addition to subsection K of this section, design standards for docks, the maximum length of that portion of any dock extending over water shall be one hundred feet (100').
         c.   If a marina meets all regulation criteria without requiring a variance, and does not exceed sixty feet (60') in length, then an additional gangway up to three feet by twelve feet (3' x 12') may be installed to access the dock. This gangway shall be included in the constructed surface area for the marina.
         d.   The length of the individual boat slips shall be sized according to need.
         e.   The amount of constructed surface in the lakeshore protection zone per property shall not exceed fifteen (15) square feet for each linear foot of lakeshore frontage.
         f.   The amount of constructed surface located below the mean annual high water line shall not exceed twelve (12) square feet for each linear foot of lakeshore frontage.
         g.   The overall density of boats or boat slips provided shall not exceed one boat or boat slip per ten (10) linear feet of lakeshore frontage.
         h.   Overnight mooring is only allowed in designated slips.
         i.   One boat ramp per public marina may be constructed.
         j.   One shoreside sewage facility and one shoreside fuel station per marina may be constructed.
         k.   Lake related rental services and retail sales of water use related merchandise, such as boat fuel, oil and lubricants, fishing equipment and personal items, are typically associated with the marina.
         l.   A distance of one hundred feet (100') waterward from the dock's end may be required to be identified by buoys placed in the lake to indicate a reduced boat speed so that no wake is produced. The reduction to no wake speed may be required at a distance greater than one hundred feet (100') depending upon the size of the marina and the size of the boats to be berthed.
         m.   Annual allocation of boat slips of a public marina shall be on a nonpreferential basis, such as a random lottery, and must be approved by the governing body.
         n.   The governing body may set other slip allocation, usage and rental fee criteria which it may determine necessary to assure equitable access by the general public.
      8.   If a private or public marina submits an application for reconfiguration, the governing body may require compliance with current lakeshore regulations.
      9.   The governing body shall have the right to regularly inspect and require compliance of a marina with its approved permit.
   M.   Shore Stations And Floating Boat Lifts:
      1.   Shore stations and floating boat lifts (which include shore stations or floating docking stations designed for personal watercraft) shall not be located farther into the lake than the permitted dock length.
      2.   Shore stations and floating boat lifts shall be located no closer than twenty five feet (25') from a riparian boundary line. A greater setback distance may be required if, in the opinion of the governing body, the structure would likely infringe on navigation from the adjoining property, or if the shore station would be located more than sixty feet (60') from the existing shoreline.
      3.   The highest point on a shore station or floating boat lift shall not exceed ten feet (10') in height above the current water elevation of the lake.
      4.   Shore stations and floating boat lifts may have a roof cover on a seasonal basis which is removed during the late fall, winter and spring periods of nonuse. Said cover will be made of a nonreflective material. Earth tone colors are preferred, such as: green, tan, brown and gray.
      5.   Shore stations may be placed on either side of the dock, provided the required twenty five foot (25') setback can be maintained for both riparian boundaries.
      6.   When a floating boat lift is installed in conjunction with a dock, no section shall result in an overall dock surface width exceeding eight feet (8'). (See "Figure 3. Floating Boat Lift Placement", of this subsection.)
      7.   The entire surface area of a floating boat lift or floating personal watercraft docking station shall be included in the coverage calculation as provided for in subsection F of this section.
      8.   The entire surface area of canopies that cover shore stations, boat slips, or docks shall be included in the constructed area calculation, as provided in subsection F of this section. For a property with a grandfathered nonconforming structure in the lakeshore zone, an exemption to this requirement is allowed for a single canopy if the total constructed surface area, excluding the grandfathered nonconforming structure, does not exceed the maximum constructed area as provided for in subsection F of this section.
      9.   An existing shore station may be replaced with a new shore station without a lakeshore permit, provided that placement is identical to, and canopy size is no greater than, the shore station being removed.
   N.   Boat Ramps And Boat Rail Systems:
      1.   Private boat ramps are prohibited, as they increase sedimentation in the lake, diminish water quality and alter natural shoreline characteristics.
      2.   Public boat ramps shall comply with the following:
         a.   Footings and/or the base of the boat ramp shall be constructed below the preexisting grade of the shoreline.
         b.   All material excavated from the lakeshore to construct the boat ramp and not used as the ramp foundation material shall be immediately and completely removed from the lakeshore protection zone and deposited in such a manner as to prohibit its reentry into the lake.
         c.   Boat ramps shall be of the same elevation as the preconstruction lake bed and lakeshore elevation.
         d.   No boat ramp shall exceed six hundred (600) square feet in surface area waterward of the average high water line.
         e.   Maximum grade shall not exceed fifteen percent (15%) and no natural slope in excess of thirty percent (30%) grade shall be disturbed by construction of a boat ramp.
         f.   All ramps shall be finished with nonskid surface to ensure maximum traction for vehicles launching and retrieving boats.
         g.   Boat ramp edges, if deemed necessary, shall be riprapped in order to prevent erosive undercutting.
      3.   Boat rail systems shall comply with the following:
         a.   Rail systems must be manufactured and installed in a manner which permits removal during winter months to avoid ice damage.
         b.   The rails of the rail launching system shall not exceed four inches (4") in height and the rail system shall lie on and follow the grade of the existing lake bed and lakeshore.
         c.   One boat rail system shall be allowed per property ownership. The boat rail carriage may have a canopy (subject to subsections M4 and M8 of this section) if it is stored outside of the lakeshore protection zone when the boat is not in use.
         d.   Boat rail systems shall be located no closer than twenty five feet (25') from a riparian boundary line.
   O.   Riprap And Retaining Walls:
      1.   Retaining walls significantly alter shoreline characteristics, create an unnatural shoreline, and cause alteration of wave actions with resulting shoreline erosion on neighboring properties. Consequently, retaining walls are prohibited except as a replacement for an existing retaining wall, or in a situation where bank failure is threatening a dwelling unit or where riprap has been installed and proven inadequate in bank stabilization.
      2.   In situations where a retaining wall must be constructed, the following standards shall apply:
         a.   Retaining walls shall be built at or landward of the mean annual high water elevation and shall conform to the contours of the existing shoreline.
         b.   Any existing wall shall be completely removed from the lakeshore protection zone and the replacement wall shall be constructed in the same location as the existing wall.
         c.   A replacement retaining wall shall be constructed to the same height, or lower than, the existing wall to be removed. A new retaining wall shall be constructed to the minimum height necessary to stabilize the bank.
         d.   All material excavated for placement of the footings may be used as backfill behind the wall or else must be deposited outside of the lakeshore protection zone.
         e.   Backfill shall be limited to that amount necessary to reestablish the preexisting slope and contours of the landward side, but shall not extend closer than two inches (2") from the top of the new retaining wall in order to inhibit surface water runoff which may carry fertilizer, herbicides, pesticides, etc.
         f.   When more than twelve inches (12") of retaining wall is exposed in the lakeward side of the wall, riprap complying with conditions above shall be placed on the waterward side of the wall such that the toe of the riprap shall not extend waterward of high water and the top of the rock shall extend to within at least six inches (6") of the top of the wall.
         g.   If removal of an existing retaining wall proves unfeasible or will cause bank failure or threaten a dwelling unit, a new wall may be constructed immediately lakeward of the existing wall.
         h.   Preferred retaining wall construction materials, in order of preference, are: rock faced concrete retaining wall, interlocking precast concrete stone (i.e., keystone block).
         i.   A detailed plan showing the exact location of the wall, the cross section and dimensions of the wall, and proposed facing material shall be included with the permit application.
      3.   Riprap shall constitute the primary method of erosion control, and shall be limited to areas where active shoreline erosion is clearly present. Riprap placement shall meet the following standards:
         a.   Riprap shall be placed at or landward of the mean annual high water elevation.
         b.   Riprap placement shall follow the contour of the existing shoreline, and shall be sloped at no greater than one horizontal to two vertical (1:2) ratio in order to dissipate wave energy.
         c.   Riprap shall be limited to eighteen inches (18") in vertical height. In areas where active erosion clearly exceeds eighteen inches (18"), riprap height shall be limited to the varying elevation of the active erosion, which must be surveyed and staked by a licensed surveyor, and clearly documented in a detailed elevation plan included with the lakeshore permit application. A topographical survey showing all proposed riprap placement in the lakeshore protection zone is required as part of a permit requesting riprap.
         d.   Stone used for riprap shall be limited to native rock picked from the shoreline, or nonangular rock whose appearance is similar to native shoreline stone. Size of imported rock shall be six (6) through twelve inch (12") nominal diameter, eighteen inch (18") maximum diameter, and shall be free of silts, sands or fine materials. Imported rock or stone that does not conform to these size requirements, or whose appearance is not similar to native shoreline stone, will result in a violation and be required to be removed and replaced.
         e.   Prior to placement of the riprap, filter fabric is required to be placed along the shoreline and incorporated into the riprap design to inhibit erosion and the washing of fine materials through the riprap.
         f.   Gabion baskets are not allowed.
      4.   Placement of boulders for landscape purposes is prohibited.
   P.   Swim Beaches:
      1.   Addition of gravel to a swimming beach is allowed on a case by case basis, subject to the following requirements:
         a.   Application of gravel is allowed only where the predominant existing surface is gravel.
         b.   Application of gravel is not permitted in the following areas: sites subject to strong wave action or currents; sites covered predominately by vegetation; silts or fine materials; below average low water.
         c.   Placement of gravel directly into the lake is prohibited.
         d.   All fill shall be clean, washed gravel of three-fourths inch (3/4") to one and one-half inch (11/2") diameter, free of silts, sands and fine materials. Gravel type and color shall approximate that existing on the adjacent lakeshore.
         e.   Maximum fill depth is four inches (4") to six inches (6").
         f.   The volume of fill shall not exceed one cubic yard per eight (8) linear feet of lake frontage.
         g.   Application of gravel shall be permitted one time only to supplement a stable gravel beach. Reapplication of gravel where it was washed away, silted in or revegetated over time is prohibited.
   Q.   Dredging And Filling:
      1.   Any work that alters a shoreline and/or high water line by removal or addition of material is prohibited. If a shoreline is altered, then restoration shall be to the more stringent of the following two (2) guidelines, as determined by the governing body:
         a.   A uniform topography and high water line as delineated by the immediately adjacent properties on both sides.
         b.   A topography and high water line as can be determined by archive photos taken prior to the alteration.
      2.   Stacking or placement of rock anywhere in the lakeshore protection zone requires a permit (see subsection O, "Riprap And Retaining Walls", of this section).
      3.   Dredging of a lake bed or lakeshore may have adverse effects due to suspension of fine materials, resuspension of nutrients and toxic materials, exposure of stable lake bed sediments to unstable conditions, removal of lake bed armament and creation of steep bench areas. All dredging permits require a major variance.
      4.   Dredging for the purpose of increasing the water depth of an area or creating an artificial harbor or lagoon is not permitted.
      5.   Dredging for the purpose of removing accumulated silt, sand or gravel behind an existing dock or within the confines of an existing structure is only permitted if all excavated materials are removed entirely from the lake and lakeshore areas and deposited so as to prohibit their reentry into the lake.
      6.   Dredging for the purpose of removing accumulated silt, sand or gravel which blocks access to a docking area is only permitted if such area to be dredged is less than five hundred (500) square feet, and all excavated materials are removed entirely from the lake and lakeshore areas and deposited so as to prohibit their reentry into the lake.
      7.   Dredging and/or filling is only permitted after August 15 when the lake is at low water, or a later date to minimize impact on public navigation.
      8.   Filling of a portion of a lake may have adverse effects due to destruction of an aquatic environment, loss of habitat for fish and wildlife, creation of an unnatural shoreline, creation of steep bench areas and alteration of current flows and wave actions. Filling of wetlands may have adverse effects due to destruction of an aquatic environment, loss of habitat for fish and wildlife, loss of water storage capacity and loss of the natural storm runoff cleansing functions and the natural nutrient entrapment functions of wetlands. All permits for the purpose of adding fill below the mean high water line, except swim beach maintenance as described in subsection P of this section, requires a major variance.
      9.   Fill projects for the purpose of expanding existing land areas shall not be permitted.
      10.   Discharge of fill material directly into the lake shall not be permitted.
      11.   Filling of wetlands adjacent to a lake is prohibited.
      12.   Permits for any dredging and filling may also be required by the department of natural resources and conservation and the U.S. army corps of engineers. A floodplain permit will be required from the local governing body.
   R.   Utility Lines (Electrical, Sewer, Water, Wells):
      1.   Electrical Lines:
         a.   Electrical lines are unsightly and potentially dangerous in or near a water environment. No permanent overhead electrical lines are allowed in the lakeshore protection zone.
         b.   All lighting on existing grandfathered structures shall be designed to reflect light away from abutting or adjacent properties and the lakeshore protection zone.
         c.   Low voltage pathway lighting, no greater than two feet (2') in height may be permitted. Such lighting shall be downcast and shielded.
         d.   No permanent lighting on docks is allowed.
         e.   No other lighting is allowed in the lakeshore protection zone, as it can be distracting, hazardous to navigation and contributory to an unnatural setting.
         f.   All lighting within the lakeshore protection zone shall be dark skies compliant.
      2.   Sewer Lines/Disposal Facilities:
         a.   Domestic sewer lines or components are prohibited in the lakeshore protection zone.
         b.   Municipal/community sewer lines, lift stations and other associated facilities are prohibited in the lakeshore protection zone.
         c.   Shoreside pumpout facilities may be placed in public or private marinas or public parks.
            (1)   Such facilities must receive approval of the Montana department of health and environmental sciences, the Flathead city/county health department and/or any other government body with jurisdiction.
            (2)   Such facilities shall include equipment to pump or otherwise receive and transfer contents of vessel holding tanks into a sewage retention and/or disposal system located outside the lakeshore protection zone.
      3.   Water Lines:
         a.   A water line shall be located no closer than ten feet (10') from either side property/riparian boundary line.
         b.   Only the minimum amount of material necessary to lay the line shall be removed from the trench.
            (1)   All material excavated from the trench shall be replaced back into the trench as backfill. Any material which is not replaced back into the trench shall be completely removed from the lakeshore protection zone.
            (2)   In areas where there is a rock layer on the surface of the lake bed or lakeshore, such rock shall be removed and set aside, then replaced as a protective layer subsequent to the excavation.
            (3)   In areas where no rock layer exists, the replaced dirt shall be compacted and consolidated in order to prevent erosion. Additional cover, such as gravel, a rock layer or vegetation, may also be required.
         c.   Following installation, the lake bed shall be returned to its condition prior to construction.
         d.   A trenching machine may extend its bucket or digger into the lake to extend the trench below low water line of the lake.
         e.   At no time shall the wheels of any vehicle come in contact with the lake.
         f.   That portion of the water line which is not buried and does lie exposed on the bottom of the lakeshore shall be weighted to prohibit flotation or snagging.
         g.   Water lines using submersible pumps may incorporate an electrical line, but all such work and installation shall be done in accordance with the state uniform plumbing and electrical codes. State electrical code requires a ground fault interruption (GFI) breaker on all water pumps. The electrical line shall be installed in conduit for protection and maintenance accessibility.
         h.   No water line shall lie on top of or be attached to a floating dock or raft.
         i.   Water rights are required to install a water line.
      4.   Wells:
         a.   No well shall be drilled or developed in the lakeshore protection zone.
         b.   For wells located outside of the lakeshore protection zone, when originally developing and pumping the well, the silt laden water shall not be allowed to flow into the lakeshore protection zone and lake.
   S.   Fuel Tanks:
      1.   Fuel spills into the lake can create serious water quality hazards and may impair fish and wildlife habitat. No bulk fuel tanks shall be placed over the water. All tanks shall be landward of the lakeshore protection zone.
      2.   A pressure shutoff valve shall be located next to the bulk tank on the line, landward of the lakeshore protection zone.
      3.   All fuel handling shall be outside the main berthing area unless weather or lake exposure conditions are unfavorable for such a location. Any fueling stations, other than bulk tanks, shall be located near an exit by water from the berthing area or at some location from which, in case of fire aboard an adjoining boat, the stricken craft may be quickly removed without endangering other boats.
      4.   Fuel stations shall only be allowed in a public marina or a public recreation site.
   T.   Buoys:
      1.   Unregulated buoy placement is prohibited, as it creates visual pollution, may obstruct open waters and, when done by nonlakeshore owners, infringes on property owners' usable space.
      2.   A buoy will only be permitted if placement will not cause a potential safety hazard or interfere with navigation and recreation.
      3.   A permitted buoy shall be installed subject to the following conditions:
         a.   The buoy shall be at least twelve inches (12") in diameter and constructed of plastic or dense foam which is light colored and reflective for maximum visibility. Logs, wood, metal barrels, and milk cartons are prohibited.
         b.   A buoy which has deteriorated to less than twelve inches (12") in diameter or is failing to float for adequate visibility is a navigational hazard and shall be immediately removed from the lake.
         c.   The buoy shall be suitably anchored to the lake bottom to avoid drift. The anchor shall be clean, solid, nonpolluting material such as concrete, rock or steel blocks.
         d.   The line between the buoy and the anchor shall be cable, galvanized chain or weighted nylon/polypropylene rope to prevent floating.
         e.   The buoy and anchor shall be placed within one hundred feet (100') of the mean annual high water line.
         f.   The distance from the buoy to a moored boat shall not exceed twelve feet (12').
         g.   Buoys are not permitted on lots less than seventy five feet (75') in width. The buoy shall be centered on the property or placed such that the farthest swing of a buoy moored boat in the prevailing winds is twenty five feet (25') from the riparian boundary.
         h.   Only one buoy or boat anchor is allowed per common waterfront property ownership. "Common waterfront property ownership" shall be defined as multiple contiguous lots under one family or related ownership, including fractional ownership in a corporation, partnership or other legal entity.
         i.   The user of the buoy boat anchor shall be the lakeshore property owner immediately landward and adjacent to the site or an individual who has the owner's specific permission.
         j.   State law requires any boat or other watercraft attached or anchored to a buoy shall maintain at all times between sunset and sunrise, a thirty two (32) point light (a light visible at all times from all directions for a 360 degree field of view).
      4.   An existing buoy may be replaced with a new buoy without a lakeshore permit, provided that placement is identical to the buoy being removed.
      5.   Swim floats secured with lines for the purpose of marking a swim area are only allowed for public beaches, and private or public marinas, and require a permit. The buoy lines may be located no closer than twenty feet (20') from the riparian property line, and no more than sixty feet (60') from the shoreline.
   U.   Boathouses And Boat Shelters:
      1.   Boathouses and boat shelters are not allowed in the lakeshore protection zone.
      2.   Existing grandfathered boathouses or boat shelters in the lakeshore protection zone shall be maintained subject to subsection Z, "Nonconforming Structures", of this section.
   V.   Decks:
      1.   Decks, including decks on top of, or balconies cantilevered from, boathouses, storage buildings, dwelling units, etc., are prohibited in the lakeshore protection zone.
      2.   Existing grandfathered decks in the lakeshore protection zone shall be maintained subject to subsection Z, "Nonconforming Structures", of this section.
   W.   Stairways, Walkways And Pathways:
      1.   Stairways, walkways, and pathways shall have a maximum width of four feet (4'), and be designed and constructed in a manner which provides the most direct access to the lake with minimum environmental and visual impact.
      2.   Pathways on existing grade with embedded steps of stone or untreated timbers are preferred to constructed walkways or elevated stairways. For pathways, only the stone or timber steps are subject to the maximum allowable constructed area in subsection F of this section.
      3.   Stairways and walkways constructed of impervious material, including dry laid stone, are subject to the maximum allowable constructed area in subsection F of this section.
      4.   Elevated stairways shall follow the natural grade of the existing shoreline, and no portion of the walking surface of the stairway or landing shall be situated higher than two (2) vertical feet above the underlying lakeshore.
      5.   Stairways shall be constructed of wood composite (i.e., Trex) or untreated wood left in its natural (unpainted) condition. Stairways or walkways of poured in place concrete are prohibited.
      6.   Stairway railings are permitted. Railings shall not extend higher than four feet (4') above the stairway walking surface and shall have a nonornate, visually open design. Railings shall be constructed of wood composite (i.e., Trex) or untreated wood left in its natural (unpainted) condition or metal painted an earth tone color by the manufacturer prior to installation.
      7.   Steep lakeshore properties, where stairway construction standards cannot be met, may lack reasonable access to the lake and shall be considered view lots.
   X.   Fences And Hedges:
      1.   Fences or hedges within the lakeshore protection zone shall only be allowed upon a showing of hardship such as where a private residential property abuts a park, resort, commercial, or other incompatible use.
      2.   The maximum height of a fence or hedge shall be six feet (6'), or lower if determined necessary to protect the viewshed from neighboring properties.
      3.   All fences must maintain at least fifty percent (50%) open space in their design.
      4.   Solid fences and barbwire fencing are prohibited.
      5.   Fences or hedges shall not extend waterward of the mean annual high water level.
   Y.   Dwelling Units:
      1.   No permanent or temporary dwelling units, or portions thereof, shall be constructed within the lakeshore protection zone, as they concentrate human activities on the shoreline, obstruct scenic views, create impervious surfaces, increase surface storm runoff into the lake, and diminish water quality.
      2.   No temporary structures, including tents for commercial use, shall be erected within the lakeshore protection zone.
      3.   Existing grandfathered dwelling units, or portions thereof, which are located in the lakeshore protection zone shall be maintained in conformance with subsection Z, "Nonconforming Structures", of this section.
   Z.   Nonconforming Structures:
      1.   Continued And Maintained Building Or Structure: Any nonconforming building or structure may be continued and maintained, provided there is no physical change other than necessary maintenance and repair.
      2.   Routine Or Seasonal Maintenance: Routine or seasonal maintenance may be completed without requiring a permit. See "maintenance" as defined in section 13-1-5 of this title. All materials shall conform with subsection A, "Construction Materials", of this section.
      3.   Repair: A permit shall be required when repairs include replacement of structural or foundation components, or include improvements not present in the structure prior to such repair. See "repair" as defined in section 13-1-5 of this title. All materials shall conform with subsection A, "Construction Materials", of this section.
      4.   Change In Ownership: In the case of a change in ownership or management of an existing nonconforming building or structure, no changes may be made in the nature or character of such nonconforming use.
      5.   Storage Shed Or Boathouse: A nonconforming storage shed or boathouse in the lakeshore protection zone may not be altered or improved in any manner which might result in a change of use.
      6.   Replacement/Restoration Of Nonconforming Structures Due To Fire Or Other Calamity:
         a.   A nonconforming house or boathouse having been damaged or partially destroyed by fire or other calamity to an extent not exceeding ninety percent (90%) of its real value, exclusive of the foundations, at any time, may be restored to its immediately previous use existing at the time of partial destruction. Whenever a nonconforming house or boathouse is damaged in excess of ninety percent (90%), as stated above, the repair or reconstruction shall conform to the requirements of these regulations. (All work exceeding routine maintenance requires a permit.)
         b.   All other nonconforming buildings or structures having been damaged or partially destroyed by fire, or other calamity to an extent not exceeding fifty percent (50%) of its real value, exclusive of foundations, at any time, may be restored to its immediately previous use existing at the time of partial destruction. Whenever a nonconforming house or boathouse is damaged in excess of fifty percent (50%), as stated above, the repair or reconstruction shall conform to the requirements of these regulations. (All work exceeding routine maintenance requires a permit.)
         c.   The percentage of loss resulting from fire or other calamity for a nonconforming structure shall be defined as the cost to repair divided by the fair market value of the structure (less foundation and land) prior to the damage. The cost to repair shall include the value of all materials, labor and services used for a project.
      7.   Enlargements: A building or structure which is nonconforming shall not be added to or enlarged in any manner unless such building or structure, including such addition and enlargements, is made to conform to the requirements of these regulations (permit required).
      8.   Other Than Natural Disaster: Any nonconforming use or structure which is eliminated or reduced in size or scale by a means other than natural disaster or calamity may only be replaced, reestablished or enlarged according to these regulations (permit required).
      9.   Remodeling: Existing dwelling units situated in the lakeshore protection zone may be remodeled and maintained in accordance to the following standards:
         a.   Dwelling units represent concentrations of human activities. Such activities are essentially land based with people entering the aquatic environment only for relatively short periods of time for recreational purposes. Dwelling units are potentially harmful through: intrusion of nonaquatic land use in an aquatic environment; creation of impervious surfaces; increasing surface storm runoff into the lake, concentrating human activities on the shoreline; obstruction of scenic views and possible sewer leakage. No permanent or temporary dwelling units or portions thereof, shall be constructed within the lakeshore protection zone. This includes roof overhangs, drip lines, balconies, bay windows, chimneys, decks, etc.
         b.   Existing dwelling units situated in the lakeshore protection zone may be remodeled and maintained, provided that the building height is limited to twenty five feet (25') as measured from the finished grade nearest the shoreline to the highest point on the building, or the existing height, if the structure exceeds twenty five feet (25') in height.
         c.   Construction materials shall conform with subsection A of this section, and shall be of a nonreflective nature. If paint is used, it shall be of earth toned colors.
      10.   Grandfathered Dock: A dock provides primary recreational access to the lake. Any significant reduction in a nonconforming dock's size or length could restrict or impact a property owner's access to the lake and result in an undue hardship. Consequently, a nonconforming dock which exceeds allowable constructed surface area due to other grandfathered nonconforming structures existing in the lakeshore protection zone, or exceeds maximum allowable length which existed prior to establishment of lakeshore regulations, may be replaced without a variance if the following conditions are met:
         a.   The replacement dock does not increase overall length, maximum width, or total constructed surface area of the existing dock.
         b.   The installation location does not reduce riparian setbacks from the existing dock.
         c.   The replacement dock complies with all other regulations. (Ord. 09-08, 7-20-2009)
      11.   Concrete Structures: Vertical, nonconforming concrete structures such as retaining walls or foundations in the lakeshore protection zone may be covered with thin stone veneer. The veneer must be no greater than three inches (3") thick, of an earth tone color, irregular size, and a course texture that blends in with the natural stone of the lake and the wooded surroundings. Cultured stone is the preferred product due to lighter weight and less disturbance of the lakeshore protection zone during construction. The exact surfaces to be covered, as well as the final sample selection, must be approved by the lakeshore protection committee and the city council via a standard permit. In adhering the stone or rock, no adhesive, concrete, grout, or other product shall be allowed to come in contact with the lake. Additional measures may be required to minimize construction impact within the lakeshore protection zone, and any disturbed areas shall be restored to their preexisting conditions. If during construction it is determined that the veneer cannot be structurally supported, any change to the project must be approved through a permit amendment. (Ord. 11-02, 3-7-2011)