A helicopter air tour operation that has started a business on U.S. 2 overlooking Glacier National Park is likely in violation of Flathead County zoning.

Glacier Aviation Services recently started advertising and flying tours that, according to its website, go over the nearby Flathead National Forest including the Great Bear Wilderness and the Bob Marshall Wilderness. It also advertises views of the south end of Glacier National Park.

After receiving several written complaints from West Glacier residents, the Flathead County Planning Office sent a zoning violation letter by certified mail to the address of the operation at 12135 U.S. 2 West in West Glacier on July 1.

On June 25, a county zoning and planning officer visited the site and couldn’t determine at that time that there was a violation. The officer left a red tag with information to call the planning office and, according to the letter, Glacier Aviation Services owner Gary Kauffman called them back and confirmed that the property would be used for a helicopter charter business.

In the letter the county notes that “Middle Canyon zoning does not contemplate this (helitour) and therefore is not allowed.”

But Kauffman said he never saw the letter in a brief telephone interview. He also said he never talked to any county officials about the zoning violation.

“I didn’t talk to anybody,” he said.

When asked if he thought his business was “grandfathered in,” he said. “I believe that it is, definitely.”

The county disputes that notion in its letter, unless Kauffman can come up with evidence to the contrary.

The county notes that the nonconforming use may be continued unless it’s abandoned or deserted voluntarily or through legal action for a period of 180 days.

“Any subsequent use of the lot, building, structure or use of the land shall be required to be in conformity with the provisions of these regulations,” the county said in the letter.

Kauffman will have to prove that a helicopter tour business ran out of the location previously and more importantly, within the year, which by local accounts, has not been the case.

Minuteman Aviation once had an extensive tour business over Glacier, but the owner retired from West Glacier in 2017 and ceased operations shortly thereafter.

It has also been several years since Kruger Helicopter tours operated in West Glacier.

In 2022 Glacier National Park finalized an air tour management plan that ends all air tours by Dec. 31, 2029 and limits existing tour operators to 144 flights a year.

That plan allows for up to three flights per day from Homestead Helicopters, Minuteman and Red Eagle Aviation.

Red Eagle, which uses much quieter fixed-wing aircraft, has the bulk of those flights, 136, a year allocated.

Under the air tour management plan, the tour allocations are not transferable.

According to its website, it doesn’t appear that Glacier Aviation flies over Glacier Air Space. Its tours feature flights over the Great Bear and Bob Marshall Wilderness, the Hungry Horse Reservoir, and peaks on the southern and east side of the park, which can be seen from a more than a half mile from the boundary of the park.

Glacier’s air tour plan does not allow for flights inside a half-mile from the park.

The county, for its part, is hoping to get voluntary compliance from Kauffman on the zoning violation. If there’s no response in 30 days, it will send out a 10-day notice and if no response then, the matter is pursued by the County Attorney’s Office, planning staff said.