Borough Waterbody Setback Regulations Remain

After extensive discussion and several proposed, then withdrawn, amendments, the Mat-Su Borough Assembly voted not to follow the Planning Commission’s recommendations to establish a Waterbody Setback Task Force. They did not offer any guidance for moving forward either.

The Waterbody Setback Advisory Board made many suggestions to change the existing code to better outline under what circumstances waterbody setbacks would be applicable, including animal enclosures, fuel storage, and buildings. However, a chief complaint of the Planning Commission was that the recommendations did not take into account mining activities and other issues, which was why they suggested a Task Force to review the Advisory Board’s work.

The Borough Assembly noted that the suggested changes did not provide a legal path forward for those out of compliance with the ordinance. Borough Planning and Land Use Director Alex Strawn says there are about 750 structures not in compliance and that most of those are within 45 feet of the shoreline.

The current legislation only applies to habitable structures. The Waterbody Setback Advisory Board suggested that updated legislation should also apply to commercial structures. 

At this time, the original Waterbody Setback language still stands and there remains no legal path forward for many structures built after the 75-foot setback requirements were enacted. 

Strawn says he will wait for guidance from the Assembly for how and when to move forward with suggested updates to the Waterbody Setback legislation.