New Committee for Waterbody Setbacks

At its meeting this week, the Mat-Su Assembly approved a new committee to review the waterbody buffer setback regulations.

The new committee will have nine members, including those with a focus on fisheries and stormwater, as well as those from the homebuilding community. Three seats will be reserved for community members.

The waterbody setback legislation has been in place since 1987. The legislation as currently written does not allow structures to be built within 75 feet of any waterbody. This committee will review revisions to the setback requirements. The committee will also identify possible solutions and resources needed to implement and enforce those solutions.

Fisheries were brought up multiple times. Assemblymember Nowers notes that the fisheries are dependent on water quality and the buffer is important to protecting them.

“Water quality is a really serious issue. WE had some of the worst king runs we’ve ever had. We’ve had that for years. The only place to fish for kings was the tailrace, which is affectionately known as fish the ditch. That’s not the experience that attracted me to Alaska in the first place. Our silver runs are terrible. We’ve got Wasilla Lake and Big Lake that are listed as impaired. The other night we had Bodenburg Creek and they were talking about salmon being in there. It’s not the building on the waterbodies isn’t the only thing. The habitat is degraded by cuts. Death by a thousand cuts.”

One issue that has been repeated is the more than 700 structures in violation of the setback requirements. Assemblymember Yundt says that those structures were built before the 1987 legislation took effect.

“I think it’s worth noting that 600-plus people actually built before the legislation. They’re not in violation. They’re just stuck in this gray area. The spirit of the legislation of the 70s and 80s I believe was amazing. Seventy-five feet is a great number. This whole thing started because there were 674, give or take, that were there before.”

Those structures built within 75 feet of a waterbody before 1987 were grandfathered. Planning and Land Use Director Alex Strawn says that 752 buildings built within the 75-foot setback were identified as being built after the 1987 legislation passed. The Committee will evaluate solutions for those out of compliance after 1987.