Glacier National Park, Montana — Should a land owner inside Glacier National Park be allowed to keep a home that’s on the banks of a creek? That question is now coming to a head in federal court.
Hungry Horse News reports that oral arguments will begin today regarding whether Flathead Conservation can authorize a home under construction on the banks of Lower McDonald Creek to be torn down. The case is being heard by U.S. Magistrate Judge Kathleen DeSoto in Missoula, Montana.
The Amblers, a San Diego couple, are suing various parties in federal and district court, including the Flathead Conservation District and local residents, to prevent the demolition of their under-construction home, which they built on private property (known as an inholding) inside Glacier National Park.
John and Stacy Ambler, originally from San Diego, were building a three-story home near Lower McDonald Creek in Glacier National Park. A home hasn’t existed on the lot since the major Flathead Valley floods of 1964. Local residents were angry with the couple building the home without applying for a free permit, as they believed that this construction violated Montana’s Natural Streambed and Land Preservation Act (NSLPA), as they built it on the bank of the Creek. While they are allowed to have a home there due to it being an inholding, which allows residents to have a home on national parkland, building anew raises complexities.
The Flathead Conservation District’s (FCD) Board of Supervisors ruled that their construction violated NSLPA and ordered the couple to demolish the building and fix the bank before April 1, 2024, which was not an April Fool’s Joke.
Ultimately, the Amblers responded by filing lawsuits in district and federal courts to contest the ruling. They believe that no permit was needed from either the county or the National Park to begin construction. In addition, they received written approval from Flathead County. The District does agree that it gave approval, but argue that the state’s Streambed Law requires them to build their house further away from the water than what they ended up doing. The core issues are that they poured the concrete retaining wall onto the streambed, and that in order to hold up the deck, rock footers were placed on the bank.
With regards to an inholding property in a national park, the 1910 law that established Glacier National Park states that “nothing herein contained shall affect any valid existing claim, location or entry under the land rules of the United States, or the rights of any such claimant.” Ultimately, one of the fundamental questions in this case is who has jurisdiction.
In June 2024, a group of local residents formed Friends of Montana’s Streams and Rivers (FMSR). By joining the lawsuit, they’re aiming to protect local laws. Led by local Monica Jungster, the residents have joined FMSR’s federal case to oppose John and Stacey Ambler’s construction of a home on McDonald Creek.
Attorney and former Montana state congressman Rob Farris-Olsen described to the Flathead Beacon as to why the residents decided to intervene:
“The decision to intervene was to give a voice to the residents who have slightly different interests than the Flathead Conservation District, which is interested in exercising its jurisdiction on the banks of one of the most pristine waterways in Montana. These adjacent landowners, like Monica Jungster and other folks who have spent their entire lives working and playing in the area, have a unique perspective and they want to advocate for the protection of McDonald Creek, and to ensure Montana’s constitutional guarantee of a clean and healthful environment are met.”
A ruling is expected in the coming weeks.
Image/Video Credits: Flathead Conservation District, NBC Montana, Glacier National Park
