Fremont County Commissioners deny request to review Caldera Flats decision; Henrys Lake Flats Coalition to appeal in court

ISLAND PARK, Idaho (KIFI) – The controversial Caldera Flats subdivision on Henrys Lake Flats continues to move forward after Fremont County Commissioners voted 3-0 to deny a request Tuesday, Oct. 13, 2026, to reconsider their approval of the project.

However, the Henrys Lake Flats Coalition, a new non-profit organization, responded Tuesday they will “seek judicial review” of the commissioners’ July decision to overturn an earlier Fremont County Planning and Zoning Commission decision denying the development.

The implications

The controversy centers on a project to turn 160 pristine acres north of the Island Park Cemetery into 32 single-family homes on minimum five-acre lots.

The project is owned by Doug and Kevin Button, of DK Land LLC.

Hundreds of Island Park residents protested development on the flats, with 500 showing up at a previous Planning and Zoning meeting, most opposed.

The history

The Fremont County Planning and Zoning Commission initially denied the application for the subdivision in May.

They cited that the project’s “density of subdivisions does not adequately protect agriculture, wetlands, or wildlife on this particular property; and the proposed subdivision is not consistent with the policies 10, 11, 14, 15, 16, 17, and 18 of the Comprehensive Plan.”

But in a 2 to 1 vote in July, Fremont County Commissioners Rick Hill and Mark Chandler overrode that decision.

“The development code says you can have a subdivision in that zone. They felt like if we say you can have a subdivision and you follow our rules, your subdivision should be approved,”  Fremont County’s Planning and Building Administrator Tom Cluff said this summer. “There's a property rights element that they felt was important, that whatever other concerns we have don't outweigh that.”

Commission Chairman Blair Dance disagreed, stating the application should be sent back to Planning and Zoning for further consideration.

The Nature Conservancy, adjacent property owners, the Island Park Volunteer Fire Department and other opposing groups then requested the commissioners review their decision.

“The biggest concern initially was wetlands. It is a wetland area, and when you put homes on wetlands, they tend to be destroyed. You can't go back on them if they fail,” said Loy Schroeder, former Fremont County Planning and Zoning Chairwoman, in July. “It has antelope that have their babies there. It has elk. It has long-billed curlew that nest on it.”

She’s also concerned about the impact on the Henry's Fork world-class fishery.

“The Henry's Fork that runs through the adjacent property – within less than a quarter of a mile from the Button property – stands to be contaminated,” she said.

Taking it to the courts

The Henrys Lake Flats Coalition, formed in August, seeks to protect the flats’ “wildlife, habitat, natural resources and open spaces.”

The coalition's board consists of Teri Ehresman, Jean Bjerke, and Leanne Yancey.

“In deciding to seek Judicial Review, the board believes the Fremont County Planning and Zoning Commission was correct in making the decision to deny the application,” the coalition stated in a news release. “The P&Z Commission spent time after receiving public comments on the proposal. They scheduled a ‘work meeting’ the following week to further compare the Fremont County Development Code and Comprehensive Plan with the application. They carefully studied the documents before reaching the decision that the application did not comply with county rules. We support the P&Z decision.”

The petition for judicial review must be filed within 28 days in the Seventh District Court. Those wishing to support the coalition’s efforts can contribute online here.