Glacier National Park, Montana — Following years of legal maneuvers between a California couple and locals, it appears that a partially finished house at Glacier National Park will finally be completed.
The Montana Free Press reports that a federal court sided with a Golden State couple regarding a disputed home. The U.S. Court of Appeals for the Ninth Circuit found that a local streambed law didn’t apply to the development because of the land’s jurisdiction. The Court sided with a separate Federal Judge, whose ruling was appealed. According to the latest update from the lawsuit’s backers, the case has likely concluded.
“In 1911, the State of Montana ceded jurisdiction to the United States over private inholdings within Glacier National Park, and the United States accepted that cession in 1914,” stated the Ninth Circuit judges. “Accordingly, ‘federal authority became the only authority operating within the ceded area,’ including ‘privately owned lands within the described park boundaries.’ The United States has exclusive legislative jurisdiction over private inholdings within Glacier National Park, except to the extent that Montana reserved powers at the time of cession.”
You can read the ruling in full here.
Historical Context
John and Stacy Ambler, originally from San Diego, were building a three-story home near Lower McDonald Creek in Glacier National Park. The national park has around 115 homes within its boundaries because private property is allowed inside national parks (known as an inholding). A home hasn’t existed on the lot since the major Flathead Valley floods of 1964.
Local residents weren’t happy with the couple building the home. Locals thought 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 because it is an inholding, building anew introduces 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.
The Amblers ultimately sued various parties in federal and district courts, including the Flathead Conservation District and local residents, to prevent the demolition of their under-construction home.
The District argued that despite the approvals the couple received, Montana’s Streambed Law requires it to build its house farther from the water than it ultimately did. The core issues are that they poured the concrete retaining wall onto the creekbed and that, to support 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 was who has jurisdiction.
In June 2024, a group of local residents formed Friends of Montana’s Streams and Rivers (FMSR) and subsequently joined the lawsuit on the Conservation District’s side. By joining the lawsuit, they aimed to protect local laws.
With this ruling, the Amblers can resume construction of their home. If anything can be learned from this situation, it’s that living in national parks can have a complicated set of rules. If you ever have the opportunity to build, you should make sure you get your ducks in a row before construction.
Image/Video Credits: Flathead Conservation District, Living in Montana, Glacier National Park
