The Mat-Su Borough Planning Commission reviewed proposed changes to the Waterbody Buffer legislation at its March 14th meeting. Current legislation does not allow buildings to be constructed within 75 feet of a waterbody.
Most of the public comments were not in favor of reducing the buffer requirements. The legislation has been in place since 1973, except for a short period in 1986 that pushed the buffer back to only 45 feet. The buffer requirement was restored to 75 feet the following year.
Aerial analysis shows that about 750 structures have been illegally built inside the buffer since the legislation was re-enacted in 1987. Alex Strawn, Borough Planning Director, says that this ordinance would provide forgiveness for those structures that have already been built.
Strawn goes on to explain how the ordinance would change the requirements for building moving forward.
“If people want to go within 75 feet of a waterbody after this is adopted, it would allow them to do so. They would have to hire an engineer to ensure that the structure is structurally sound, it’s built on good soils so there would be a geotechnical analysis. They’d have to ensure that surface and subsurface water quality is protected. It would be up to the engineer to figure out how they are going to do that. That would be reviewed by our staff and engineers working for the Borough.”
Strawn indicates that there wasn’t any one thing that prompted the proposed change in legislation, but that it was a combination of factors. Not only is the existing law difficult to enforce, Strawn also notes that there are environmental concerns that are not well addressed by the current legislation.
“It’s really protecting the shoreline through a riparian buffer, a rain garden, a swale, something to protect the water quality there.”
The Ma-Su Borough Fish and Wildlife Commission submitted to the Planning Commission a resolution detailing the importance of maintaining a no-cut riparian setback to protect fish habitat and water quality. The resolution points to the more than $20 million on aquatic restoration projects including culverts and stream restorations. In addition, the Commission notes that the buffer requirements help prevent and mitigate floods, protect life and property, and protect economic benefits of healthy fisheries.
The Fish and Wildlife Commission’s resolution goes on to suggest a variety of measures to provide a path to compliance for illegal structures and for new construction.
The Planning Commission will discuss and potentially vote on recommendations to the proposed ordinance again at their next meeting on April 3rd. The ordinance will be introduced at the Mat-Su Assembly meeting on April 4th.
