The lakes, rivers and tributaries of Lake Pend Oreille and Priest Lake are magnificent resources, and many in Idaho consider Priest Lake to be Idaho’s “Crown Jewel.” Priest Lake is fed by remote cold-water tributaries, reaching into Canada, and the lake has dense forests and wetland ecosystems with an abundance of fish and wildlife — including endangered species.
When undisclosed development plans of valuable wetlands on the southern shore of Priest Lake, near Coolin, were discovered in 2021, the Lakes Commission urgently reached out to local, state, tribal and federal officials to raise the red flag. Since then, almost six years of litigation has taken place by parties also wanting to avoid the destruction of these wetlands. And the Idaho Supreme Court has spoken, ruling that Idaho subdivision laws were intentionally circumvented.
In 2021, a developer, working with the Bonner County Planning Department, created 34 parcels in the Coolin Wetlands using a convoluted scheme of land divisions and boundary line adjustments with the obvious and express purpose of avoiding Bonner County’s longstanding subdivision ordinance. In this process, the developer filed for a record 54 quitclaim deeds, consisting of 27 boundary line adjustments and 27 exempt waivers with the Bonner County Recorder’s Office, and two minor land division applications to further divide three 20-acre parcels.
At the time, planning officials in Bonner County asserted there were no legal means to prevent the developer from what was described as the utilization of “loopholes.” Natural resource agencies and the public, who are legally entitled to challenge proposed subdivisions, were left out entirely.
Ford Elsaesser. Courtesy photo
Now, five years later, the Idaho Supreme Court has issued a unanimous ruling, finding the developer’s efforts to avoid subdivision laws were, in fact, entitled to full judicial review. Given the strong decision by the Idaho Supreme Court concerning this development, it is anticipated that the remaining Bonner County decisions in this case will likely be vacated and Bonner County, along with the developer, will have to follow the longstanding subdivision ordinance, where the proposal should have been made in the first place, giving full opportunity for the public and all of the agencies to comment and take action to preserve these most valuable wetlands.
As chair of the Lakes Commission, I have witnessed years of hard work by agencies, natural resource professionals and community members to ensure that Priest Lake’s high-water quality is maintained, which is one of the primary goals of the commission. The Lakes Commission is hopeful that the attempt to inappropriately subdivide these precious wetlands will proceed under the subdivision ordinance, a situation which would allow everyone to have a voice.
The Lakes Commission will strongly oppose any new development application that would destroy these precious wetlands.
More than 20 years ago, Idaho Gov. Dirk Kempthorne appointed me to serve as chair of the Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River Commission — the Lakes Commission. The Idaho Legislature created the commission to advise the state on water quality and quantity across this basin. Our stakeholders are the people who live here, vacation here, fish here and whose families have been coming to these lakes for generations.
We very much welcome public comments and input. Please do not hesitate to contact us at any time by phone at 208-255-8825 or email [email protected].
Ford Elsaesser is chair of Lake Pend Oreille, Pend Oreille River, Priest Lake and Priest River Commission, a.k.a., the Lakes Commission.
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