Road near fragile lake illegal, city says

A Fernan Lake homeowner recently cut a road into the hillside above the shoreline in what Coeur d’Alene officials call the first “egregious” violation of the city’s new hillside laws aimed at protecting the endangered lake.

City Attorney Mike Gridley said the city learned of the violation Friday after a neighbor called to report the narrow, curvy road that goes from Gregg Larson’s home, at 3350 E. Fernan Terrace Drive, down the steep hillside to Fernan Road.

The city issued a stop-work order, and road crews placed a series of straw bales at the bottom of the road in an effort to prevent runoff and erosion.

“We don’t know if there’s been any water contamination,” Gridley said.

Larson didn’t return calls Wednesday.

Gridley said city officials will meet with Larson on Friday to discuss what remediation is needed to ensure that runoff and contamination don’t reach Fernan Lake, which is on the cusp of a eutrophic state. That means algae and other plant growth have taken over the lake, using up the oxygen fish and other organisms need, according to a lake management study conducted in 2003.

That’s one of the reasons Coeur d’Alene enacted a hillside ordinance in 2003 to prevent erosion, runoff and sediment from harming water quality in Coeur d’Alene and Fernan lakes, while protecting views and vistas.

Fernan Lake Village residents argued the rules weren’t strong enough and hired a team of engineers and scientists to create the lake management plan. Coeur d’Alene then used that information to craft more stringent protections for hillsides around Fernan Lake that are within Coeur d’Alene city limits.

The rules ban construction on slopes greater than 35 percent and prohibit building within 75 feet of the water, except for trails, walkways or trams. The rules also require developers to hire hydrologists to analyze proposed building sites for ground or surface water.

Gridley said the city engineer and planning officials are still investigating to determine the exact nature of Larson’s violation, which could lead to misdemeanor charges and fines in addition to remediation costs and tree replacement.

Larson didn’t apply for a permit to build the road, which included removing trees and vegetation. On Wednesday, slash piles were stacked on either side of the road that is graveled in some areas. The red stop-work order was attached to a tree.

Gridley said he talked to Larson on Friday and that Larson claimed not to have knowledge of the hillside ordinance or the condition of the lake. Larson said he just wanted to build a path to his dock, according to Gridley.

“My take on it is that guy has got the guts of a burglar,” said Mary Ann Tierney, a Fernan Lake Village city councilwoman, former mayor and member of the Fernan Lake Preservation, a group that lobbied for the hillside rules.

“He took a bulldozer and made an ‘Erickson Z,’ ” she said, referring to Marvin Erickson, the man who built a road on the face of Canfield Mountain, a Coeur d’Alene landmark.

The hillside rules sparked controversy and fears of eroded private property rights, but the Coeur d’Alene council decided it was more important to protect the hillsides.

Kootenai County assessor records show that Gregg Larson owns two lots on East Fernan Terrace Drive – a 1.3-acre parcel where his house is located and a neighboring 1.18-acre lot.