California couple can move forward with home construction in Glacier National Park

A California couple will be able to complete the construction of a home just feet from McDonald Creek in Glacier National Park after a federal appeals court ruled the state’s streambed protection laws did not apply to the project.

The partially completed three-story home, not far from Apgar Village on the west side of the park, had become a hotly debated topic in the Flathead Valley. Opponents say the project is an example of outsiders ignoring local rules; proponents maintain it’s a simple case of property rights. While emotions ran high on both sides of the debate, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ultimately brought the dispute to an end, ruling that it was a matter of jurisdiction.

While Glacier National Park was established in 1910, parts of it, particularly on the west side near Lake McDonald, are still privately owned, and in 2019, John and Stacey Ambler purchased half an acre west of Apgar Village along McDonald Creek. Soon after, the couple inquired of the National Park Service and Flathead County about the permits they would need to construct a home there. 

The Park Service and the county stated that no permits were needed, and the Amblers could proceed with constructing a cabin. By 2023, a three-story structure had been erected on the banks of the creek, prompting a strong reaction from some locals, who began complaining to the Flathead Conservation District. Established in 1945, the conservation district is tasked with protecting soil and water within Flathead County, except within the city boundaries of Kalispell and Columbia Falls.

Following the complaints, the Flathead Conservation District sent staff to the construction site and determined that the structure violated Montana’s stream protection laws — commonly known as the 310 Law — and that the Amblers had failed to obtain the appropriate permits. At issue was just how close the structure and its concrete pad are to the water’s edge. The conservation district then ordered the home demolished and the riverbank restored to its natural state.

The Amblers, however, countered that the conservation district was overstepping its authority. In late 2023, the couple sued the conservation district, kicking off a lengthy legal battle. A federal judge later ruled in the couple’s favor. But the Flathead Conservation District, joined by the grassroots Friends of Montana Streams and Rivers — made up of local residents around West Glacier — appealed that decision. Last month, the three appellate court judges affirmed the lower court’s decision.

In the panel’s ruling, the judges concluded that in 1911, the state of Montana had ceded jurisdiction of the land within Glacier Park to the federal government. While state regulations and criminal laws in place prior to 1911 could be enforced within the park, laws enacted after 1911 that were not part of the “same basic scheme” of those enacted before could not be enforced. The Streambed Act was enacted in 1975, more than half a century after Montana had given up control of the property near Apgar Village.

“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,” the judges wrote. “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.”

In a statement to the Flathead Beacon, the Flathead Conservation District’s board of directors wrote that it “respects the Ninth Circuit’s decision and appreciates the legal clarification provided through this case.” 

A call to the Amblers’ attorney was not returned by the time this story was published. 

The home, visible from Camas Road, remains partially built.